Budget Amendment ID: FY2014-S3-1-R1

Redraft OTH 1

Executive Compensation for Mutual Companies

Mr. Montigny and Ms. Chang-Diaz and Mr. Eldridge and Ms. Jehlen and Mr. Joyce moved that the proposed new text be amended by inserting at the end thereof the following new sections:-

 

 

“SECTION __. Subsection (b) of section 19X of Chapter 175 of the General Laws, as added in section 127 of Chapter 139 of the acts of 2012, is hereby amended by inserting after the word “section” the following:- and section 19Z

 

SECTION___. Chapter 175 is further amended by inserting after section 19X, the following new sections:-

 

Section 19Y. (a)(1) A majority of directors at a mutual company, as defined by section 19G, shall be independent directors.

 

(2) No director shall qualify as independent unless the board of directors affirmatively determines that the director has no direct material relationship with the mutual company and is not a partner, shareholder or other officer of an organization that has a material relationship with the company.

 

(b) (1) A mutual company, as defined by section 19G, shall have a compensation committee composed entirely of independent directors.

 

(2) The compensation committee shall have a written charter stating the committee’s purpose and responsibilities, which, at a minimum, shall be to have the direct responsibility to:

 

(i) review and approve the mutual company’s goals and objectives relevant to the chief executive officer’s compensation, evaluate the chief executive officer’s performance in light of those goals and objectives and, either as a committee or together with the other independent directors, determine and approve the chief executive officer’s compensation level based on this evaluation; and (ii) make recommendations to the board with respect to non-chief executive officer compensation and incentive compensation and equity based plans that are subject to board approval.

 

(c) The commissioner of insurance shall promulgate regulations utilizing industry best practices to define the term “independent” as used in subsections (a) and (b), provided however that a director shall not be considered independent if the director: (i) is, or has been within the last 3 years, an employee of the mutual company, or an immediate family member is, or has been within the last 3 years, an executive officer, of the mutual company; (ii) has received, or has an immediate family member who has received, during any 12-month period within the last 3 years, more than $120,000 in direct compensation from the mutual company, other than director and committee fees and pension or other forms of deferred compensation for prior service, provided such compensation is not contingent in any way on continued service; (iii) is a current employee, or an immediate family member is a current executive officer, of a company that has made payments to, or received payments from, the mutual company for property or services in an amount which, in any of the last 3 fiscal years, exceeds the greater of $1,000,000 or 2 per cent of such other company’s consolidated gross revenues; or (iv) is or an immediate family member is, or has been within the last 3 years, employed as an executive officer of another company for which any of the mutual company’s present executive officers at the same time serves or served on that company’s compensation committee.

 

The commissioner shall update such regulations as necessary.

 

Section 19Z. The commissioner of insurance shall promulgate regulations requiring that a mutual holding company, at least once every 3 years, include with a proxy, consent, authorization, solicitation or notice of the annual meeting of a mutual holding company a separate resolution subject to a non-binding vote to approve or disapprove the compensation of the named executive officers or directors.”; and

 

SECTION___. Under section 19Y of chapter 175 a majority of directors at a mutual company shall be independent directors not later than January 1, 2017.

 

SECTION____. Under section 19Y of chapter 175, a mutual company shall have a compensation committee composed entirely of independent directors not later than January 1, 2017.

 


Budget Amendment ID: FY2014-S3-2-R1

Redraft OTH 2

SALES TAX ROLLBACK

Messrs. Tarr, Timilty, Hedlund and Knapik moved that the proposed new text be amended by inserting after section _ the following sections:-

“SECTION __. Section 2 of chapter 64H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.6 per cent”, effective August 1, 2013.

SECTION__. Section 2 of said chapter 64H, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2014.

SECTION __. Section 2 of Chapter 64I of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.6 per cent”, effective August 1, 2013.

SECTION __. Section 2 of said chapter 64I, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2014.”


Budget Amendment ID: FY2014-S3-3

OTH 3

POSTPONEMENT OF FAS 109 DEDUCTION

Mr. Tarr moved that the proposed new text be amended by striking section 94 in its entirety.


Budget Amendment ID: FY2014-S3-4

OTH 4

PERMANENT SALES TAX HOLIDAY

Messrs. Tarr, Timilty, Knapik and Ross moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION__. Chapter 64H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, after section 6, the following:-

Section 6A. The commissioner of revenue is hereby authorized and directed to annually designate, by July 15 of each calendar year, a two-day weekend in August during which no excise shall be imposed upon non-business sales at retail in the commonwealth of tangible personal property, as defined in section 1 of this chapter, but for the purposes of this section, tangible personal property shall not include telecommunications, gas, steam, electricity, motor vehicles, boats, meals, or any single item whose price is in excess of $2,500.

For the days designated by the commissioner pursuant to the provisions of this section, a vendor in the commonwealth shall not add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of this chapter.  The commissioner of revenue shall not require any vendor to collect and pay excise upon sales at retail of tangible personal property purchased on said designated days.  Any excise erroneously or improperly collected during the designated days shall be remitted to the department of revenue.  This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or any single item whose price is in excess of $2,500.

When choosing the designated days, the commissioner shall take into consideration the observance of any religious and secular days of observation occurring therein; provided further, that the commissioner shall designate such days so as to maximize the economic benefit to the commonwealth.

Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days designated by the commissioner.

On or before December 31 of each year, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources, because of this act.  The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under this chapter which would have been deposited in each fund, without this act.

The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary for the implementation of this act.”


Budget Amendment ID: FY2014-S3-5-R1

Redraft OTH 5

Income Tax Reduction

Messrs. Tarr, Timilty, Ross, Hedlund and Knapik moved that the proposed new text be amended by inserting in the end the following new section:-

“SECTION__.  Chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking Section 4(b) in its entirety and inserting in place thereof the following:-

Section 4(b) “Part B taxable income shall be taxed at the rate of 5.3 per cent for tax years beginning on or after January 1, 2002; provided however that Part B taxable income shall be taxed at:

-5.2 per cent for the tax year beginning on January 1, 2014;

-5.1 per cent for the tax year beginning on January 1, 2015; and

-5.0 per cent for tax years beginning on or after January 1, 2016.”

 

 


Budget Amendment ID: FY2014-S3-6

OTH 6

HISTORIC PRESERVATION TAX CREDIT

Messrs. Tarr and Downing moved that the proposed new text be amended by inserting, after section __, the following new sections:-

 

"SECTION __. Section 6J of chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 39, the figure “$50,000,000” and inserting in place thereof the following figure:- $60,000,000.

 

SECTION __. Section 38R of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 37, the figure “$50,000,000” and inserting in place thereof the following figure:- $60,000,000."


Budget Amendment ID: FY2014-S3-7

OTH 7

SALES TAX HOLIDAY

Messrs. Tarr and Timilty moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION__. (a) Notwithstanding any general or special law to the contrary, for the days of August 10, 2013 and August 11, 2013, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

 

(b) Notwithstanding any general or special law to the contrary, for the days of August 10, 2013 and August 11, 2013, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 10, 2013 and August 11, 2013. An excise erroneously or improperly collected during the days of August 10, 2013 and August 11, 2013, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

 

(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 10, 2013 and August 11, 2013.

 

(d) On or before December 31, 2013, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources, pursuant to this act. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, without this act.

 

(e) The commissioner of revenue shall issue instructions or forms or promulgate rules or regulations, necessary for the implementation of this act.

 

(f) Eligible sales at retail of tangible personal property under sections 175 and 176 of chapter 64H are restricted to those transactions occurring on August 10, 2013 and August 11, 2013. Transfer of possession of or payment in full for the property shall occur on one of those days, and prior sales or layaway sales shall be ineligible.”


Budget Amendment ID: FY2014-S3-8

OTH 8

QUARTERLY ESTIMATED CORPORATE TAX PAYMENTS

Messrs. Tarr, Michael O. Moore, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, after section __, the following new sections:-

 

“SECTION__. Subsection (c) of section 3 of chapter 63B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking said subsection and inserting in place thereof the following:—

(c) For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year; and the fourth installment shall be paid on or before the fifteenth day of twelfth month of the taxable year. The amount of any installment shall be twenty-five per cent of the required annual payment.

SECTION__. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “sixty-five” in line 4 and inserting in place thereof the following:--  50

SECTION__. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ten” in line 9 and inserting in place thereof the following:--  25

SECTION__. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ninety” in line 14 and inserting in place thereof the following:-- 25

SECTION__. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ten” in line 16 and inserting in place thereof the following:-- 25

SECTION__. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “thirty” in line 7 and inserting in place thereof the following:-- 25.

SECTION__. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty-five” in line 10 and inserting in place thereof the following:-- 25.

SECTION__. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty-five” in line 13 and inserting in place thereof the following:-- 25.

SECTION__. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty” in line 15 and inserting in place thereof the following:-- 25.

SECTION__. Sections __ to __, inclusive, shall take effect beginning January 1, 2014.”


Budget Amendment ID: FY2014-S3-9

OTH 9

TAX AMNESTY

Messrs. Tarr, Michael O. Moore, Knapik and Ross moved that the proposed new text be amended by striking out Section 17 and inserting in place thereof the following new section:-

 

“SECTION__. (a)  Notwithstanding any general or special law to the contrary, the department of revenue shall develop and implement a tax amnesty program in accordance with the provisions of this section to be effective for a period not to exceed 3 consecutive calendar months between July 1, 2013 and June 30, 2014.

(b) The tax amnesty program shall be limited to the following taxpayers:

(i) taxpayers  who receive written notice from the department that they are eligible for participation in the tax amnesty program with the following existing  business tax liabilities: sales/use tax, sales tax on telecommunications services, meals tax, meals tax local option, material and sales tax, withholding income, performer withholding, pass-through entity withholding, lottery annuity withholding, room occupancy excise, room occupancy excise local option, convention center financing fees on room occupancy in Boston, Cambridge, Chicopee, Springfield, West Springfield, and Worcester, convention center financing surcharge for sightseeing tours, convention center financing surcharge on vehicle rentals in Boston, convention center financing surcharge on parking in Boston, Springfield, and Worcester, deeds excise, cigarette excise, cigars and smoking tobacco excise, club alcohol beverage excise, gasoline excise, special fuels excise, special fuels excise local option, and boat/recreational vehicles sales tax; or

(ii) taxpayers who receive written notice from the department that they are eligible for participation in the tax amnesty program with existing Part B taxable income liabilities

(c) The tax amnesty program shall apply to taxes for which the department has issued a proposed assessment, notice of assessment, bill, notice or demand for payment on or after July 1, 2006, and before January 1, 2013, or to taxes that became due on or after 1, 2006, and before January 1, 2013.

(d) (i) The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who, before the start date of the amnesty program selected by the commissioner, was the subject of a tax-related criminal investigation or prosecution. The amnesty program shall not authorize the waiver of less than 10 per cent of the interest or more than 30 per cent of the interest. The commissioner may offer tax amnesty to those taxpayers who have either an unpaid self-assessed liability or who have been assessed a tax liability, whether before or after the filing of a return, of which the assessed liability remains unpaid.

(ii) A taxpayer who delivers or discloses any false or fraudulent application, document, return, or other statement to the department in connection with an amnesty application shall be ineligible for amnesty and shall be subject to the fraud penalty under present law, including under section 11A of chapter 62B of the General Laws, or a penalty of $10,000, whichever is greater.

(e) To the extent that a taxpayer within the scope of the amnesty program as determined by the commissioner and wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under the authority of subsection (e) of section 32 of chapter 62C of the General Laws, the taxpayer shall waive in writing all rights under said subsection (e) of said section 32 of said chapter 62C further delay the payment of the tax and applicable interest portions of the assessment. The tax and applicable interest portions of the assessment shall be payable in full from the date of the commissioner's notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. The taxpayer and the commissioner shall then proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.

(f) Amnesty shall not apply to those penalties which the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.

(g) The commissioner shall maintain records of the amnesty provided under this section including, but not limited to: (i) the number of taxpayers provided with amnesty; (ii) the types of tax liability for which amnesty was provided and, for each type of liability, the amount of tax liability collected and the amount of penalties foregone by virtue of the amnesty program; and (iii) the total outstanding tax liability for amnesty-eligible taxpayers at the conclusion of the tax amnesty program after the collection of all funds under this section. The commissioner shall file a report detailing such information with the clerks of the house of representatives and the senate, the joint committee on revenue, the house and senate committees on ways and means, the minority leader of the house and the minority leader of the senate not later than September 1, 2014; provided, however, that such report shall not contain information sufficient to identify an individual taxpayer or the amnesty that an individual taxpayer was provided under this section.

(h) The department shall publicize the tax amnesty program in order to maximize the public awareness of and participation in the program.

(i) Taxpayers electing to participate in the amnesty program who have paid under protest and filed suit shall agree that upon approval of their amnesty application, the department shall release their payment from escrow and apply it in accordance with the grant of amnesty.

(j) Amnesty shall only be granted for eligible taxes to eligible taxpayers, as determined by the department, who apply for amnesty during the amnesty period on forms prescribed by the department and who pay all of the tax, fees and costs, if applicable. If the amnesty application is approved, the commissioner shall waive the appropriate interest and all of the penalties associated with the tax periods to which amnesty is applied.  No installment agreements will be entered into for tax periods that are approved for amnesty.

(k) The department may adopt regulations and provide notice that a cost of collection penalty may be imposed after the expiration of the tax amnesty period for any deficiency assessed for any taxable period due on or after July 1, 2006, and ending before January 1, 2014.  This penalty shall be in addition to all other applicable penalties, fees, or costs.

(l) All revenues from this section shall go to the Tax Reduction Fund as established under Chapter 29 Section 2i.”


Budget Amendment ID: FY2014-S3-10

OTH 10

TAX FAIRNESS COMMISSION

Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, in section 128, after the word “states” in line 1782, the following:-

 

“; (x) tax rates necessary to ensure economic competitiveness with peer and competitor states; (xi) tax rates necessary to avoid destabilization of household budgets or undue hardships for citizens; and (xii) tax rates necessary to foster and encourage robust private sector investment in capital equipment and the state’s work force”


Budget Amendment ID: FY2014-S3-11

OTH 11

Bundled Cell Phone Taxation

Messrs. Ross, Tarr, Hedlund and Knapik moved that the proposed new text be amended by adding the following new section:-

 

SECTION XX. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the word ‘services.’ in line 204 the following new sentence:- "In the case of the sale by a vendor of a mobile telecommunications device with mobile telecommunications service, the tax shall be imposed upon the sales price of the mobile telecommunications device.”


Budget Amendment ID: FY2014-S3-12

OTH 12

Municipal Gas Tax Exemption

Messrs. Ross, Tarr, Hedlund and Knapik moved that the proposed new text be amended by adding the following new section:-

 

SECTION 1. Chapter 64A is hereby amended by inserting after section 7A the following section:-

 

Section 7B. Any municipality of the commonwealth that buys any fuel on which an excise tax has been paid under chapter 64A and, which fuel has been purchased for its municipal consumption and use, shall be reimbursed the amount of such excise tax paid in the manner and subject to the conditions herein provided. All claims for reimbursement shall be filed with the commissioner of revenue and shall be made in such form and containing such information, and accompanied with supporting documentation, as the commissioner of revenue shall prescribe. The commissioner of revenue shall establish a quarterly calendar year schedule for the submission of claims by municipalities for reimbursement of such paid fuel excise taxes.  No reimbursement for such excise tax paid shall be made for any claim submitted after 6 months from the date of the purchase of such fuel.  The commissioner of revenue shall transmit all claims approved by him to the comptroller for certification, and the amount so approved and certified as aforesaid shall be paid forthwith from the proceeds of the excise tax levied under this chapter 64A, without specific appropriation. No claim for reimbursement for said excise tax shall be made by a municipality under sections 7 and 7A of chapter 64A, for fuel purchased during said period, to which a municipality is entitled to claim a reimbursement under this section.

 

SECTION 2. Section 13 of Chapter 64A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the words "seven and seven A" in line 3, and inserting in place thereof, the following words:- "seven, seven A and seven B".


Budget Amendment ID: FY2014-S3-14

OTH 14

Physicians Assistants

Ms. Chandler moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A.  Section 9I of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "received", in line 7, the following words:- at least.”

 


Budget Amendment ID: FY2014-S3-15

OTH 15

Research and Development Tax Credit

Messrs. Finegold and Tarr moved that the proposed new text be amended by inserting, after section 59, the following new section:-

“SECTION XX. Subsection (a) of section 38M of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “base amount”; and by inserting after the second sentence the following sentence:- The term “base amount” will be defined in the same manner it is defined under section 41 of said Code as amended and in effect on August 12, 1991, however, the fixed base percentage applied shall not exceed 5 per cent.”


Budget Amendment ID: FY2014-S3-16

OTH 16

Small Business Gas Tax Credit

Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new section:-

"SECTION X.  Chapter 62 of the General Laws is hereby amended by inserting after section 6 the following section:-

Section 6½.  (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Department”, the department of revenue. “Small Business”, a sole proprietorship, partnership, limited liability company, corporate trust, corporation or other business, including its affiliates that is: (i) independently owned and operated, (ii) not dominant in the field of operation in which it is bidding on government contracts, (iii) qualifies as a small business under the criteria and size standards of the Small Business Administration regulations and (iv) is under 500 employees in the manufacturing and mining industries or under100 employees for all wholesale trade industries or  does under $6 million of business annually for retail and service industries or does under $28.5 million of business annually for general & heavy construction industries or does under $12 million of business annually for all special trade contractors and under $0.75 million of business  for agricultural industries “Creditable amount”, the monetary amount actually paid by a small business to provide gasoline or diesel for vehicles either owned by company or driven by employees in the normal course of business.

(b)  There is hereby established a credit against the tax liability imposed by this chapter for small businesses to be known as the “Small Business Tax Credit”.

(c) The amount of the “Small Business Tax Credit” shall be up to 15 per cent of the creditable amount purchased in the taxable year.

(d)  The commissioner shall promulgate rules and regulations relative to the administration and enforcement of this section."


Budget Amendment ID: FY2014-S3-18

OTH 18

Prohibiting Lobbyists from Making False Statements

Mr. Montigny moved that the proposed new text be amended By inserting at the end thereof the following new section:-

Section___. (A) Chapter 3, as appearing in the 2010 Official Edition, is hereby amended by adding the following new section:-“Section 43A. No legislative agent, executive agent or lobbyist entity shall not (i)  knowingly or willfully make a false statement or misrepresentation of facts to an executive, legislative or administrative member, official or public employee, or to the public in general, with the intent to influence executive, legislative or administrative member, official or public employee in their official deliberations, actions or duties, (ii)  cause a written or oral communication to be sent to an executive, legislative or administrative member, official or public employee in the name of any fictitious person or in the name of any real person, except with the consent of such real person, (iii)  attempt to create a fictitious appearance of public favor or disfavor of any proposed executive, legislative or administrative action, (iv) deceive or attempt to deceive any executive, legislative or administrative member, official or public employee with regard to any material fact pertinent to pending or proposed legislation or to any executive, legislative or administrative action, (v)  knowingly transmit or cause a to be transmitted, a document containing a false statement or information to any executive, legislative or administrative member, official or public employee without notifying the member, official or public employee in writing of the truth.

(B) Section 48 of said chapter 3, is hereby amended by inserting the words “forty three A” after the words “forty three” in line 2  of said section.


Budget Amendment ID: FY2014-S3-19-R1

Redraft OTH 19

Designating Pension Funds of Political Subdivisions as Public Records

Mr. Brownsberger moved that the proposed new text be amended by adding the following new section:-

 

Section XX.Clause Twenty-Sixth of Section 7 of Chapter 4 of the General Laws is hereby amended by adding after the word “board,” the following words:-

“including the Massachusetts Bay Transportation Authority Retirement Board and any successor or subsidiary entity,”.

 


Budget Amendment ID: FY2014-S3-20

OTH 20

Searchable Website for  Political Contributions of State Vendors

Mr. Montigny moved that the proposed new text be amended by inserting at the end thereof the following new section:-

 

Section___ (A) The executive office of administration and finance shall develop and operate a searchable website accessible by the public at no cost that includes:

(1)The names and business addresses of every person or business entity who conducts business with the Commonwealth as a vendor;

(2)The type of service provided by the vendor and the monetary amount of the vendor’s contract with the Commonwealth;

(3)The recipient, amount and date of any political contribution made by that vendor.

(B) The searchable website shall allow users to search electronically by filed in a single search, aggregate the data and download information yielded by a search.  The website shall, among other things, permit users to search by a particular vendor or by a specific type of contract.

(C) The searchable website shall include and retain information for each fiscal year for not less than five fiscal years.

(D) The executive office of administration and finance shall update the searchable website as new data becomes available.  All agencies, offices or boards of the Commonwealth shall provide the executive office of administration and finance all data that is required to be included in the searchable website no later than thirty days after the data becomes available.

(E) The executive office of administration and financer shall not be considered in compliance with this section if the data required for the searchable website is not available in a searchable and aggregate manner of if the public is redirected to other government websites, unless each of those websites complies with the requirements of this section.

(F) For the purposes of this section, the term “searchable website” shall mean a website that allows the public at no cost to search for, obtain and aggregate the information identified in subsection (A).


Budget Amendment ID: FY2014-S3-21-R1

Redraft OTH 21

Chelsea Creek

Mr. DiDomenico moved that the proposed new text be amended by inserting after section 145 the following section:-

 

Section XX.  Notwithstanding sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, the department of environmental protection may exempt certain structures to be constructed by Gulf Oil Limited Partnership in Chelsea Creek including, but not limited to, a bulkhead, steel sheet and pile wall  from the harbor lines in the vicinity established by chapter 204 of the acts of 1849, chapter 344 of the acts of 1887 or otherwise adopted as state harbor lines.  The approximate location of the exemption to the harbor lines shall be as shown on a plan entitled, “Proposed Area of Exemption From Harbor Lines In Chelsea Creek”, dated April 10, 2013.  A final plan showing the specific location of the exemption area shall be incorporated into the waterways license to be issued after the effective date of this section.”


Budget Amendment ID: FY2014-S3-22

OTH 22

Energy Efficient Street Lighting

Messrs. Downing, Knapik and Joyce and Ms. Jehlen and Messrs. DiDomenico and Michael O. Moore and Ms. Lovely moved that the proposed new text be amended by inserting, after section 91, the following two sections:-

"SECTION XX. Section 34A of chapter 164 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “Town” in line 1 the following:- or any other public or quasi public agency or entity.

 

SECTION XX. Said section 34A, as so appearing, is hereby further amended by inserting after the word “municipality” in lines 12, 13, 29, 31, 35, 37, 44, 48, 52, 57 both times it appears, 60, 65, and 70 the following:- or any other public or quasi public agency or entity."


Budget Amendment ID: FY2014-S3-23

OTH 23

DOR Authority

Mr. Knapik moved that the proposed new text be amended by striking out sections 50 through 58.


Budget Amendment ID: FY2014-S3-24

OTH 24

Cigar Excise Cap

Mr. Rodrigues moved that the proposed new text be amended by inserting, after section__, the following new section:-

 

“SECTION__. Subsection (b) of section 7B of chapter 64C, as so appearing, is hereby amended by inserting at the end thereof the following:-  Notwithstanding the rate of excise set forth under this section, the excise imposed shall not exceed fifty cents for each cigar sold.”


Budget Amendment ID: FY2014-S3-25

OTH 25

Education and Training Collaobrative Board

Mr. Pacheco moved that the proposed new text be amended by inserting after section xxx the following section:-

“SECTION XXX.  Item 7002-0015 of section 2B of chapter 130 of the acts of 2008 is hereby amended by striking out, in lines 79 to 100, inclusive, the words ‘and managed by a board of directors consisting of 13 members: 1 of whom shall be the chancellor of the University of Massachusetts at Dartmouth or his designee, 1 of whom shall be the president of Bridgewater State College or his designee, 1 of whom shall be the president of the Massachusetts Maritime Academy or his designee, 1 of whom shall be the president of Massasoit Community College or his designee, 1 of whom shall be the president of Cape Cod Community College or his designee, 1 of whom shall be the president of Bristol Community College or his designee, 1 of whom shall be the president of Wheaton College or his designee, 1 of whom shall be the commissioner of mental retardation or his designee, 1 of whom shall be the president of the Massachusetts Federationof Teachers or his designee, 1 of whom shall be the president of the Massachusetts Teachers Association or his designee, 1 of whom shall be the president of the Massachusetts AFL-CIO or his designee, 1 of whom shall be the president of the Taunton Area Chamber of Commerce or his designee, and 1 of whom shall be the director of Southeastern Regional Planning and Economic District or his designee’.”; and

By inserting after section xxx the following section:-

“SECTION XXX.  Subsection (a) of section 9 of chapter 419 of the acts of 2008 is hereby amended by striking out the first and second sentences and inserting in place thereof the following 2 sentences:-  There shall be established an education and training collaborative to develop, in conjunction with the Taunton Development Corporation, the regional education, training and skills alliance center established in this section and the life sciences center established in item 7002-0015 of section 2B of chapter 130 of the acts of 2008 .  The collaborative shall be managed by a board of directors which shall include: the presidents of Bridgewater State University, Massasoit Community College, Bristol Community College, Wheaton College, the Massachusetts Federation of Teachers, the Massachusetts Teachers Association, the Massachusetts AFL-CIO and the Taunton Area Chamber of Commerce or their designees; the chancellor of the University of Massachusetts at Dartmouth or the chancellor’s designee; the commissioner of developmental disabilities or the commissioner’s designee; and the director of the Southeastern Regional Planning and Economic Development District or the director’s designee.”


Budget Amendment ID: FY2014-S3-26-R1

Redraft OTH 26

Protect Our Communities

Ms. Clark and Ms. Donoghue and Messrs. Finegold, Joyce and Petruccelli moved that the proposed new text be amended by inserting after section 6 the following  2 sections:-

“SECTION 6A. Said section 178K of said chapter 6, as so appearing, is hereby further amended by inserting after the word “families”, in line 112, the following words:- , the department of early education and care

SECTION 6B. Section 178F½ of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:-

An incarcerated sex offender finally classified by the board as a level 2 or a level 3 sex offender who is required to register pursuant to sections 178C to 178P, inclusive, shall appear in person within 2 days of release from the custody of an agency, including the department of correction, the department of youth services or any of the houses of correction, at the local police department in the city or town in which such sex offender lives, or if such sex offender does not reside in the commonwealth, in the city or town in which such sex offender has a secondary address, works or attends an institution of higher learning, to register. The sex offender shall be informed by, and shall acknowledge in writing to, the agency which has custody of the sex offender of the duty to appear in person at said local police department within 2 days of said release from custody. A sex offender finally classified by the board as a level 2 or a level 3 sex offender who is required to register pursuant to sections 178C to 178P, inclusive, shall appear in person annually at the local police department in the city or town in which such sex offender lives, or if such sex offender does not reside in the commonwealth, in the city or town in which such sex offender has a secondary address, works or attends an institution of higher learning, to verify that the registration data on file remains true and accurate.”; and

inserting after section 7 the following 4 sections:-

“SECTION 7A. Said section 178K of said chapter 6, as so appearing, is hereby further amended by adding the following 2 subsections:-

(4) The sex offender registry board, in cooperation with the executive office of public safety and security, and with the consultation of the offices of the district attorneys, the department of probation, the department of children and families and the Massachusetts Chiefs of Police Association, shall establish and maintain a system of procedures for the ongoing sharing of information among the board, the offices of the district attorneys and any department, agency or office of the commonwealth that reports, investigates or otherwise has access to potentially relevant information including, but not limited to, the department of youth services, the department of children and families, the department of mental health, the department of developmental services, the department of correction, the department of probation, the department of early education and care, the department of public health and the office of the child advocate, of any information that may be relevant to the board’s determination or reevaluation of a sex offender’s level designation.

The board shall promulgate any rules or regulations necessary to establish, update and maintain this system including, but not limited, the frequency of updates, measures to ensure the comprehensiveness, clarity and effectiveness of information, and metrics to determine what information may be relevant. When sharing information through this system, all members shall have discretion to delay sharing information where it is reasonably believed that disclosure would compromise or impede an investigation or prosecution or would cause harm to a victim.

(5) The sex offender registry board shall have access to any information that is determined to be relevant to the board’s determination or reevaluation of a sex offender’s level designation, as defined under subsection (4), through the system of procedures established under said subsection (4).

SECTION 7B. Section 178L of said chapter 6, as so appearing, is hereby amended by adding the following subsection:-

(3) The board may, on its own initiative or upon written request by a police department or district attorney, seek to reclassify any registered and finally classified sex offender in the event that new information, which is relevant to a determination of a risk of re-offense or degree of dangerousness, is received. The board shall promulgate regulations defining such new information and establishing the procedures relative to a reclassification hearing held for this purpose, provided that the hearing is conducted according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, the hearing is conducted in a reasonable time, and the sex offender is provided prompt notice of the hearing, which includes: the new information that led the board to seek reclassification of the offender; the offender’s right to challenge such reclassification; the offender’s right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public; the offender’s right to retain counsel to represent him at such hearing; and the right of the offender to have counsel appointed for him if he or she is found to be indigent as determined by the board, using the standards under chapter 211D. An indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its reclassification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the reclassification proceeding. The failure of the offender to attend such hearing may result in a waiver of such rights and the board’s recommended reclassification becoming final.

All offenders who are juveniles at the time of notification shall be represented by counsel at the hearing and notification shall also be mailed to such sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and his most recent attorney of record.

SECTION 7C. Section 178M of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and  inserting in place thereof the following sentence:-  An offender may seek judicial review, in accordance with section 14 of chapter 30A, of the board’s final classification, reclassification and registration requirements.

SECTION 7D. Section 178P of said chapter 6, as so appearing, is hereby amended by adding the following paragraph:-

Whenever a police officer, district attorney, or agent, employee or representative of the executive office of health and human services has information that may be relevant to the assessment of a sex offender’s risk to reoffend or degree of dangerousness, the police department, district attorney, or executive health and human services agent, employee or representative shall forward to the board the information the basis of which said reasonable suspicion is based; provided, however, that a police department or district attorney shall not forward information to the board that the  police department or district attorney believes will compromise an ongoing investigation.”; and

By inserting after section 139 the following section:-

“SECTION XX. There shall be a special commission to investigate and study the most reliable protocols for assessing and managing the risk of recidivism of sex offenders. The commission shall develop the Massachusetts authorized risk assessment protocols for sexual offenders including, but limited to, any special assessment protocols for juveniles, female offenders and persons with developmental, intellectual, psychiatric or other disabilities. The commission shall assess the effectiveness and necessity of sections 178C to 178P, inclusive, of chapter 6 of the General Laws and the guidelines promulgated by the sex offender registry board, under section 178K of said chapter 6, as those sections relate to: determining a sex offender’s risk of re-offense; degree of dangerousness posed to the public; and the general public’s access to information based upon the offender’s risk of re-offense and the degree of dangerousness.

The commission shall consist of: 2 members of the senate, 1 of whom shall serve as co-chair; 2 members of the house of representatives, 1 of whom shall serve as co-chair; the chairman of the sex offender registry board or a designee; the commissioner of probation or a designee; the commissioner of mental health or a designee; the secretary of public safety and security or a designee; the secretary of health and human services or a designee; and 6 persons to be appointed by the governor, 3 of whom shall have expertise in the assessment, treatment and risk management of adult sex offenders and familiarity with the research on recidivism of sex offenders, 1 of whom shall have experience in the assessment, treatment, and risk management of juvenile sex offenders and familiarity with the research on recidivism of juvenile sex offenders, 1 of whom shall be a representative of the Massachusetts District Attorneys Association, and 1 of whom shall be a representative of the committee for public counsel services. The commission shall convene not later than 60 days after the effective date of this act.

The board shall submit a report, detailing the results of its investigation and study, any recommended legislative or regulatory action and a timeline for implementation to the governor, the president of the senate, the speaker of the house of representatives and the clerks of the house of representatives and senate not later than 180 days after the effective date of this act.”


Budget Amendment ID: FY2014-S3-27-R1

Redraft OTH 27

UMass Lowell Land Transfer

Ms. Donoghue moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

Section __. (a) Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the general Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, with the consent and approval of the University of Massachusetts Lowell, shall convey to the city of Lowell a parcel of land formerly owned by the city of Lowell in the city of Lowell and, as more particularly described below, to the city of Lowell for municipal purposes.

 

The parcel to be conveyed contains approximately 171,294 square feet.  The parcel is bounded and described as follows:  Beginning at a point in the southerly line of Pawtucket Boulevard at an angle in the southerly line, easterly of the easterly line of Boulevard Street about Station 27685.46 as shown on Sheet 6 of Layout 4478 dated August 28, 1956, as shown on plan entitled “The Commonwealth of Massachusetts, Plan of Road in the city of Lowell, Middlesex County, laid out as a state highway by the department of public works, Scale 40 feet to an inch”; thence easterly along the southerly line of Pawtucket Boulevard four hundred ninety-seven (497) feet plus or minus to a point; thence southerly at an interior angle with the last described line through land of the city of Lowell four hundred and eighteen (418) feet feet plus or minus to the Merrimack River; thence westerly at an interior angle with the last described line along the Merrimack River four hundred and five (405) feet plus or minus to a point; thence northerly at an interior angle with the last described line three hundred and forty-eight (348) feet plus or minus to the point of the beginning.  Containing 171,294 square feet plus or minus and being the same premises as shown on plan entitled, “Compiled Subdivision of Land in Lowell, Mass., belonging to the City of Lowell, - Parcel A to be conveyed to Lowell Technological Institute – Compiled October 7, 1963, Scale 100 ft. = 1 inch, City Engineer’s Office, Lowell, Mass., George M. McDonough, City Engineer”.

 

(b) Conveyance of said parcel shall represent the final remaining property transfer between the University of Massachusetts Lowell and the City of Lowell with respect to the property transactions concerning the 2010 University of Massachusetts Lowell acquisition of the Tsongas Arena from the City of Lowell.

 

(c) This act shall take effect immediately upon passage.


Budget Amendment ID: FY2014-S3-28

OTH 28

Ensuring the Protection of Services for Victims of Sexual Assault

Ms. Clark and Ms. Flanagan moved that the proposed new text be amended by inserting, after section 88, the following new sections:-

 

"SECTION XX (a) Notwithstanding chapter 150E of General Laws, positions and employees of the sexual assault nurse examiner program within the department of public health shall maintain salary and benefits in effect prior to the transfer of such positions and employees pursuant to St. 2012 c. 139, §191(a) and shall not be subject to collective bargaining agreements within the Department of Public Health. Nothing in this section shall confer upon any employee of the department’s sexual assault nurse examiner Program any right not held immediately before the date of the transfer.

(b) Notwithstanding chapter 150E of the General Laws, the department may fill vacancies in positions transferred pursuant to St. 2012 c. 139 § 191(a); provided, however, that the salaries and benefits of individuals hired to fill vacant positions shall be comparable to the salaries and benefits of individuals transferred into the same or similar positions within the department’s sexual assault nurse examiner program.

 

SECTION XX shall take effect on June 30, 2013 and shall be repealed June 30, 2014."


Budget Amendment ID: FY2014-S3-29

OTH 29

Eastham Water

Mr. Wolf moved that the proposed new text be amended by inserting, after section ___, the following new section:-

SECTION XX.

 

Section 18 of chapter 29C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “cent”, in line 131, the following words:-

 

,but all permanent loans and other forms of financial assistance made by the trust to finance the costs of certain public drinking water projects on the department’s intended use plan for calendar year 2013 to calendar year 2023, inclusive, that meet the criteria listed below shall provide for a subsidy or other assistance in the payment of debt service such that the loans and other forms of financial assistance shall be the financial equivalent of a loan made at a zero rate of interest, and the costs of public drinking water projects on an intended use plan that are eligible for a permanent loan or other financial assistance from the trust at the financial equivalent of a loan made at a zero rate of interest shall not exceed 35 per cent of the total costs of all public drinking water projects on the intended use plan, provided however that, notwithstanding any other provision to the contrary, any eligible borrower that qualifies for a zero rate of interest loan shall be considered a disadvantaged community , so-called, and shall be eligible for a loan term not to exceed thirty (30) years. Projects that meet the following criteria, as verified by the department of environmental protection, are eligible for the zero rate of interest loans:

 

(1)The project’s primary purpose is to protect health by providing a public water supply in response to groundwater contamination requiring compliance by the public entity under M.G.L. 21E;

(2)The project is located in a municipality which relies exclusively on on-site wastewater disposal systems for residential properties;

(3)The project is located in a municipality in which there is no existing municipality owned and operated drinking water supply system serving single family residential properties;

(4)the project is located in a municipality or district in which there is no existing publicly owned wastewater treatment facility;

(5)the applying municipality’s density must be at eighty per cent or greater of build out  as defined by the area regional planning agency or its equivalent;

 

To provide for such subsidy or assistance, in addition to the contract assistance provided in Section 6A, the state treasurer acting on behalf of the commonwealth shall enter into an agreement with the trust that the commonwealth shall enter into an agreement with the trust that the commonwealth shall provide contract assistance for debt service obligations on loans and other forms of financial assistance made by the trust p to an maximum amount of $20,000,000 per fiscal year of the commonwealth.  Such contract assistance agreement shall provide for payments by the commonwealth to the trust at such times during each fiscal year and upon such terms and under such conditions as the trust may stipulate. The trust may pledge such agreement and the rights of the trust to receive amounts there under as security for payment of debt obligations issued to the trust.  Such agreement shall constitute a general obligation of the commonwealth for which the faith and credit of the commonwealth shall be pledged for the benefit of the trust and of the holders of any debt obligations of the trust which may be secured by the pledge of such agree mentor of amounts to be received by the trust under such agreement.

 


Budget Amendment ID: FY2014-S3-30

OTH 30

Real Lives

Ms. Clark, Ms. Spilka, Ms. O'Connor Ives and Ms. Chang-Diaz and Mr. Joyce moved that the proposed new text be amended by inserting, after section 24, the following new sections:-

 

“SECTION XX. Chapter 19B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following three sections:

 

Section 19. As used in this section, the following words shall have the following meanings:-

 

(a)“Department”, the Department of Developmental Services.

 

“Fiscal intermediary”, a financial management service or fiscal intermediary to assist an individual who self-directs in disbursing funds allocated to an individual in their individual budget and in accordance with their person-centered plan. The intermediary shall work at the direction of the individual or an appointed designee identified in the person-centered plan.

 

“Individual”, an individual eligible to receive services through the Department of Developmental Services.

 

“Individual budget”, a dollar amount for goods, services and supports specified in the person- centered plan that is under the control and direction of the individual.

 

“Person-centered plan”, a plan of service for individuals who chose to participate in self-direction.

 

“Self-determination,” an approach to providing services that underpins a self-direction model of service delivery. Self-determination is based on five principles:

 

(1) Freedom, the ability for an individual with disabilities, with chosen family and friends, to plan a life with necessary supports rather than purchase a program;

 

(2) Authority, the ability for an individual to control a certain sum of dollars in order to purchase these supports, with the backing of a social network or circle of friends, if needed;

 

(3) Support, the arranging of resources and personnel, both formal and informal, to assist an individual to live a life in the community, rich in community associations and contributions, and;

 

(4) Responsibility, the acceptance of a valued role in an individual’s community through employment, affiliations, spiritual development, and general caring for others, as well as accountability for spending public dollars in ways that are life-enhancing;

 

(5)Confirmation, affirming the central role individuals have in leadership and change.

 

“Self-determination domains”, for individuals who choose self-direction these are the domains to be prioritized in their service planning:

 

(1) A place to call home with control over anyone who comes through the front door or otherwise provides any services or supports with freely chosen assistance when necessary;

 

(2) Economic self-sufficiency through supports or funds as needed provided through jobs, self-employment and active or passive pursuit of private dollars

 

(3) Family, friends and other significant relationships of the individual’s choosing and receive assistance to develop or maintain these relationships;

 

(4)Community membership with real connections to citizens and memberships in vital community organizations.

 

“Self-direction”, a model of service delivery in which services and supports are person-centered, person-defined and person-controlled. Self-direction in a service delivery system includes features ensuring that:

 

(1) the individual is central to and directs the decision making process that will determine which supports are utilized;

 

(2) the individual has easy access to information, options, services and supports to enable the individual to self-direct;

 

(3) the service system is flexible so that the individual can tailor their support to meet their unique needs.

 

“Support broker”, a person chosen by an individual participating in self-direction to assist as dictated by the individual in the development and execution of the person-center plan. This role can include but is not limited to adviser, advocate, facilitator and support staff.

 

(b) The general court finds that people with disabilities have the same rights and responsibilities as other citizens and the Commonwealth must assist them to realize those rights and exercise those responsibilities as contributing members of our communities. Further, the general court finds that services should help people achieve quality outcomes regarding personal choices, satisfaction, social integration and increased learning that may lead to rewarding occupations. In order to increase flexibility and choice of services, the Department shall promote the growth of self-determination through a self-direction model of service delivery for persons receiving services and supports funded through the Department.

 

(c) The Department shall establish a Self-Determination Advisory Board to evaluate and to advise the Department on efforts to implement self-direction and to participate in educational outreach efforts on self-direction. The Self-Determination Advisory Board shall include individuals participating in self-direction, family members of individuals participating in self- direction, providers, service brokers, and representatives of advocacy organizations, including but not limited to: The Arc of Massachusetts, Massachusetts Developmental Disabilities Council, Massachusetts Families Organizing for Change, Massachusetts Advocates Standing Strong, Advocates for Autism of Massachusetts, Massachusetts Down Syndrome Congress, Disability Law Center and the Association of Developmental Disabilities Providers.

 

(d)All persons eligible for services through the Department shall be eligible for self-direction, including persons with complex medical or behavioral conditions, persons with profound intellectual impairments and persons eligible for services through special eligibility.

 

(d) The Department shall provide information about self-direction to all persons eligible for services through the Department. (1) The Department shall provide information about self-direction to a person eligible for services upon: (i) the notification to a person of their priority for services; (ii) the beginning of the development of an individual support plan; (iii) the beginning of the renewal of an individual support plan; (iv) the annual notification of persons who have declined an individual support plan of their option to participate in the individual support plan process. (2) The Department shall encourage individuals entering their Turning 22 program that are prioritized for services to pursue self-direction.

 

(e)(1)The Department shall publish information on the self-determination concept and self-direction options annually and shall make this information available to the public on the Department’s website. (2) The Department shall email information on the self-determination concept and self-direction options annually to any organization or interested party that agrees to forward or post the information on their website and who provides their email address. Organizations include: The Arc of Massachusetts, Massachusetts Developmental Disabilities Council, Massachusetts Families Organizing for Change, Massachusetts Advocates Standing Strong, Advocates for Autism of Massachusetts, Massachusetts Down Syndrome Congress, Disability Law Center and the Association of Developmental Disabilities Providers. (3) The Department, in collaboration with the advocacy organizations represented on the Self-Determination Advisory Council, shall hold educational forums with families and individuals to provide information about self-direction no less than four times annually in each service region.

 

(f) The Department, in collaboration with the advocacy organizations represented on the Self-Determination Advisory Council, shall hold meetings annually with providers to discuss self-direction, how providers can participate, what it means to the present purchase of service system, and how the Department can work with providers to establish self-directed choices within the service system. The Department shall work with providers to help those interested in changing their business model to offer services supporting persons who choose to self-direct. The Department may offer introductory and on-going training to providers and provider staff on the subjects of self-determination, self-direction and the related elements of person-centered planning and individual budgeting.

 

(g)The Department shall educate all staff, except for staff classified as janitorial, maintenance, or secretarial, on self-direction not less than two times annually.

 

(g) For individuals who choose self-direction, the Department shall implement a person-centered planning process. The individual shall direct the development of the person-centered plan and shall direct who is involved in the planning process. The person-centered plan shall be designed around the self-determination domains.

 

(h) Individuals who choose to self-direct shall receive an allocation of resources based on their assessed needs. The amount of allocation and development of an individual budget shall be determined through a person-centered plan. The Department shall determine an individual’s prioritization for services and the amount allocated for an individual’s services in a transparent manner. The individual or a legal representative designated by the individual shall be able to utilize resources allocated to them through the individual budget to choose which services and supports best serve the individual’s needs and are consistent with meeting goals developed in line with the self-determination domains.

 

(i)(1)Individuals who choose to self-direct shall have access to a support broker to assist in the development of a plan of service and an individual budget in the person-centered planning process, to assist in the purchase of services and to assist in monitoring expenditures through the year. The support broker shall be made available through the Department or through a qualified private sector broker of the individual’s choice. (ii) The Department shall establish basic competencies that must be met in order to qualify private sector or public sector support brokers in consultation with the Self-Determination Advisory Board. (2) Individuals who choose to self-direct shall have access to a state-designated or other qualified fiscal intermediary of the individual’s choice to assist in the execution of the purchase of services. (3) If an individual chooses to utilize a private sector support broker, an allocation for the purchase of this service shall be included in the individual’s budget. If an individual chooses to utilize a private sector fiscal intermediary, an allocation for the purchase of this service shall be included in the individual’s budget.

 

(j) Providers and employees providing services to individuals through self-direction shall be eligible for a proportional amount of any additional appropriation designated for the increase of salary for workers employed by the Department or its providers.

 

(k) Individuals who choose to self-direct shall be surveyed at least once annually about their experiences with self-direction and potential improvements to the self-direction model and its overall operation.

 

(l) The Department shall provide an annual report, after consultation with the Self-Determination Advisory Board, to the Joint Committee on Children, Families, and Persons with Disabilities documenting progress in terms of numbers served through self-direction, ongoing improvements to the Department’s self-direction program and challenges related to the Department’s self-direction programs. The annual report shall include an analysis of the annual survey of individuals participating in self-direction mandated in section K and strategies to address the issues identified in these surveys.

 

(m) The Department shall utilize the Home and Community Based Waivers to maximize federal reimbursement for services rendered through self-direction and related models. As necessary, the Department and Executive Office of Health and Human Services shall amend the waiver and take any other steps to ensure that activities or services can be implemented to achieve goals under self-determination domains for individuals.

 

Section 20. (a)The Department shall establish a contingency fund to assist: (1) Individuals in need of services; (2) Individuals who participate or wish to participate in self-direction or self-determination; (3)Iindividuals with unanticipated, emergency or changing needs; (4) In the case of an individual who chooses to leave a group living arrangement, in order to mitigate impact to providers. (b) The fund shall be comprised of 40% of the savings from the closure of Monson, Glavin and Templeton and other funds as they may be available within the Department’s budget and at its discretion. The Department shall make every effort to ensure that the pool will retain sufficient funds for individuals utilizing self-determination and provider mitigation throughout the fiscal year. (c) The Department shall develop a policy related to the fund for individuals utilizing self-direction with the assistance of the Self-Determination Advisory Board.

 

Section 21. (a) Individuals and their guardians shall have choice of Department services or qualified providers and shall be free to change the individual’s services or service provider. When an individual or their guardian requests a change, the Department shall initiate the process for requested changes without delay.

 

(b) Upon an individual or their guardian requesting a change of service or service provider for their group residence of or group living situation, the individual or their guardian and the provider shall take steps to see if a resolution to the situation can be reached. If, at any time, the individual feels that a resolution to the situation cannot be reached, the individual or their guardian can request that the following provision be initiated within 7 days of the individual or their guardian notifying the Department: (1) The Department shall assist the individual in developing an alternative living situation, both the Department and the individual will make a good faith effort to determine a suitable alternative; (2) The Department shall work in conjunction with the individual to transfer to an available alternative as expeditiously as possible and taking no longer than 90 days; (3) As necessary, the Department will work with the provider of the residence or group living situation to ensure stability including the use of the contingency fund for mitigation established in Chapter 19B, Section 20.

 

to utilize a private sector support broker, an allocation for the purchase of this service shall be included in the individual’s budget. If an individual chooses to utilize a private sector fiscal intermediary, an allocation for the purchase of this service shall be included in the individual’s budget.

 

(j) Providers and employees providing services to individuals through self-direction shall be eligible for a proportional amount of any additional appropriation designated for the increase of salary for workers employed by the Department or its providers.

 

(k) Individuals who choose to self-direct shall be surveyed at least once annually about their experiences with self-direction and potential improvements to the self-direction model and its overall operation.

 

(l) The Department shall provide an annual report, after consultation with the Self-Determination Advisory Board, to the Joint Committee on Children, Families, and Persons with Disabilities documenting progress in terms of numbers served through self-direction, ongoing improvements to the Department’s self-direction program and challenges related to the Department’s self-direction programs. The annual report shall include an analysis of the annual survey of individuals participating in self-direction mandated in section K and strategies to address the issues identified in these surveys.

 

(m) The Department shall utilize the Home and Community Based Waivers to maximize federal reimbursement for services rendered through self-direction and related models. As necessary, the Department and Executive Office of Health and Human Services shall amend the waiver and take any other steps to ensure that activities or services can be implemented to achieve goals under self-determination domains for individuals.

 

Section 20. (a)The Department shall establish a contingency fund to assist: (1) Individuals in need of services; (2) Individuals who participate or wish to participate in self-direction or self-determination; (3)Iindividuals with unanticipated, emergency or changing needs; (4) In the case of an individual who chooses to leave a group living arrangement, in order to mitigate impact to providers. (b) The fund shall be comprised of 40% of the savings from the closure of Monson, Glavin and Templeton and other funds as they may be available within the Department’s budget and at its discretion. The Department shall make every effort to ensure that the pool will retain sufficient funds for individuals utilizing self-determination and provider mitigation throughout the fiscal year. (c) The Department shall develop a policy related to the fund for individuals utilizing self-direction with the assistance of the Self-Determination Advisory Board.

 

Section 21. (a) Individuals and their guardians shall have choice of Department services or qualified providers and shall be free to change the individual’s services or service provider. When an individual or their guardian requests a change, the Department shall initiate the process for requested changes without delay.

 

(b) Upon an individual or their guardian requesting a change of service or service provider for their group residence of or group living situation, the individual or their guardian and the provider shall take steps to see if a resolution to the situation can be reached. If, at any time, the individual feels that a resolution to the situation cannot be reached, the individual or their guardian can request that the following provision be initiated within 7 days of the individual or their guardian notifying the Department: (1) The Department shall assist the individual in developing an alternative living situation, both the Department and the individual will make a good faith effort to determine a suitable alternative; (2) The Department shall work in conjunction with the individual to transfer to an available alternative as expeditiously as possible and taking no longer than 90 days; (3) As necessary, the Department will work with the provider of the residence or group living situation to ensure stability including the use of the contingency fund for mitigation established in Chapter 19B, Section 20.”


Budget Amendment ID: FY2014-S3-31

OTH 31

Grade Retention-Reduction Commission

Ms. Clark and Mr. Tarr moved that the proposed new text be amended by inserting, after section 139, the following new section:-

 

"SECTION XX. Not withstanding any general law or special law to the contrary, there shall be a student progression, remedial instruction and grade retention-reduction commission established to improve the rates of student progression, ensure appropriate remedial services, reduce grade retention rates, and improve the education strategies for parents about their rights and responsibilities when a child is retained. The commission shall examine and make recommendations as specified in sections 1 through 8 below.

 

The commission shall consist of the secretary of education or his designee who shall serve as chairperson; the commissioner of the department of elementary and secondary education or his designee; the commissioner of the department of children and families or his designee; the commissioner of the department of youth services or his designee; the commissioner of the department of mental health or his designee; the commissioner of the department of early education and care or his designee; the house and senate chairs of the joint committee on education; the house and senate chairs of the joint committee on children, families and persons with disabilities; 1 member to be appointed by the speaker of the house; 1 member to be appointed by the senate president; 1 member to be appointed by the house minority leader; 1 member to be appointed by the senate minority leader; 1 representative from the Massachusetts Association of School Superintendents; 1 representative of the Massachusetts Secondary School Administrators Association; 1 representative from the Massachusetts Association of School Committees; 1 representative of the American Federation of Teachers of Massachusetts; 1 representative of the Massachusetts Teachers Association; 1 representative of the American Civil Liberties Union of Massachusetts; 1 representative from the Massachusetts School Nurses Association; 1 representative from the Massachusetts School Psychologists Association; 1 representative from the Massachusetts Chapter of the Academy of Pediatrics; 1 representative from the National Association of Social Workers; 1 representative from the Children’s Mental Health Campaign: 1 representative from Massachusetts Advocates for Children, 1 student to be appointed by the Governor, 1 person from the Rennie Center for Education Research and Policy; 1 practicing child and adolescent psychiatrist to be appointed by the Governor; 1 representative from the Association of Elementary School Principals; and 1 representative from the Massachusetts Budget and Policy Center.

 

The commission shall review available research on grade retention, being overage for grade in relation to achievement, attendance, discipline, and dropping out in the Commonwealth and nationally. The commission shall examine research on or evidence-based and "promising" practices for reducing grade retention and improving student commitment and school "holding power”. The commission shall understand Massachusetts school and district policies that may be contributing to disparate grade retention in different grades and districts. The commission shall identify school districts and schools with greater than three percent retention rates. The commission shall develop a model grade retention policy for Massachusetts schools, which shall include the following elements: the development of protocols that ensure children who are retained for academic delays have received referral for special education evaluation and are offered the appropriate remedial services; each school district with an annual grade retention rate of greater than 3 per cent shall develop a district-wide action plan to reduce grade retention and effectively track students; action plans shall include: interventions that will be used to identify students at risk for retention as early in the school year as possible, specific evidence-based interventions that will be utilized by the school district and how these plans will be monitored, and implemented; shall be submitted to the department of elementary and secondary education identifying a specific time-frame; strategies for communication with parents about their rights and responsibilities regarding their child’s progress; the technical assistance support available from the department of early and secondary education to gather and analyze data, assist in the development and implementation of action plans and enhance a district’s ability to meet the diverse needs of its student population. Technical assistance shall include research-based alternative options and strategies. The commission shall also establish a goal and timeline for reducing the statewide annual grade retention rates and shall examine developing early warning indicator systems (EWIS), currently being piloted, to identify students who are at risk of retention; and ensure appropriate referral for special education evaluation or other evidence-based interventions as identified by the commission. The commission shall estimate the fiscal impact of grade retention on the Commonwealth and its school districts.

 

The commission shall hold its first meeting no later than 1 month subsequent to the last member being appointed. The commission shall create a report of its findings and recommendations and submit that report to the chairs of the ways and means committees and the clerks of the house of representatives and senate no later than 6 months from the commission’s commencement."


Budget Amendment ID: FY2014-S3-33

OTH 33

DCF Attorneys

Ms. Clark moved that the proposed new text be amended by inserting, after section 37, the following new section:-

 

"Section XXXX. Section 3 of chapter 32 of the General Laws as appearing in the 2008 Official Edition is hereby amended by inserting after the word “prisoners;” in line 252 the following words:- employees of the department of children and families holding the position of attorney who have been employed in such capacities for 10 years or more. "


Budget Amendment ID: FY2014-S3-34

OTH 34

Supplemental Dependent Allowance

Ms. Clark and Mr. Tarr moved that the proposed new text be amended by inserting, after section 37, the following section:-

 

SECTION XX. Section 7(2)(a)(iii) of chapter 32, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 96, the words “on the date of such member’s retirement”


Budget Amendment ID: FY2014-S3-35

OTH 35

Item Pricing

Ms. Donoghue and Mr. Richard T. Moore and Ms. O'Connor Ives and Messrs. DiDomenico and Knapik moved that the proposed new text be amended to amend subsection (b) of section 184C of chapter 94 of the General Laws, by inserting after the words “a correct display price” the following words:- “shelf tag;” and to amend subsection (c) of section 184C of chapter 94 of the General Laws, by inserting after the words “a correct display price” the following words:- “shelf tag.” 


Budget Amendment ID: FY2014-S3-36

OTH 36

Lobster Tail Sales

Messrs. Wolf, Tarr and Rush moved that the proposed new text be amended by inserting, after section ___, the following new section:-

SECTION XX.

 

Section 44 of chapter 130 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

 

If the measurement of any such lobster taken from one or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. In all prosecutions under this section any mutilation of any lobster which affects its measurement as aforesaid shall be prima facie evidence that the lobster was or is less than the required length; provided, however, that the director shall, by regulation approved by the marine fisheries advisory commission, allow the on-shore processing in the commonwealth of live lobsters of legal length into frozen shell-on lobster tails by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94.  Processed frozen lobster tails may be possessed, sold or offered for sale in the commonwealth by any wholesale dealer, retail dealer or food establishments and such food product may be possessed by a consumer. The processing, possession or sale of said frozen lobster tails pursuant to this section shall be limited to lobster tails weighing 3 ounces or more. The packaging of processed frozen lobster tails pursuant to this section as a food product shall be labeled in accordance with applicable federal and state laws and regulations. This section shall not apply to common carriers having lobster in possession for the purpose of transportation."


Budget Amendment ID: FY2014-S3-36.1

Further OTH 36.1

Lobster Tail Sales

Messrs. Tarr and Wolf moved that the amendment be amended by inserting, in line 5, after the word “length” the following words:-

“, and not bearing eggs,”; and

further by inserting, in line 8, after the word ”more” the following words:-

“, and not containing eggs”.


Budget Amendment ID: FY2014-S3-37

OTH 37

Pan Mass Challenge signage

Mr. Wolf moved that the proposed new text be amended in section 2, in item 7008-0900, by adding the following: “provided further, that the office, in collaboration with the official sponsor of the event, state, regional and local agencies and cities and towns, shall designate and mark the Pan Mass Challenge bicycle route by means of signs bearing the official logo of the event; provided further, that $15,000 shall be expended for the purchase, post fabrication and installation of Pan Mass signs along the Pan Mass route from both Bourne to Provincetown and from Bourne to Wellesley.”


Budget Amendment ID: FY2014-S3-38

OTH 38

Expiration of Economic Development Tax Credits

Messrs. Montigny and Eldridge moved that the proposed new text be amended by inserting at the end thereof the following new section:-

Section __.  Said Chapter 62C, as appearing in the 2010 Official edition, is amended by inserting after section 89 the following:-

 

Section 90. Sunsets for Tax Credit Programs

Notwithstanding any general or special law to the contrary, no tax credit may be claimed by a taxpayer under any of the tax credit programs defined under section 1 of this chapter for the tax year beginning on January 1, 2014 unless any such tax credit program is reauthorized by an act of the general court after review and examination of the effectiveness of each such tax credit program by the department of revenue and the executive office of administration and finance’s office of commonwealth performance, accountability and transparency.


Budget Amendment ID: FY2014-S3-39

OTH 39

Establishing Policy Goals and Reviews for Tax Credit Programs

Messrs. Montigny and Eldridge moved that the proposed new text be amended by inserting at the end thereof the following new sections:-

Section__ .  Section 89 of Chapter 62C, as appearing in the 2010 official edition, is hereby amended by adding the following new subsections:-

(c) the department of revenue, the executive office of administration and finance and the office of commonwealth accountability, performance and transparency shall, develop and publish by December 1, 2013 stated and measurable public policy objectives  and desired outcomes for each tax credit program as defined in section 1 of this chapter and  shall, in addition to any other analysis deemed appropriate, develop metrics for assessing the effectiveness of each such tax credit program at achieving its stated policy goals or outcomes, identify revenue foregone, beneficiaries and distribution of amounts received, and the number, nature and wages of jobs created or saved in the commonwealth, if applicable.

(d)  The department of revenue, the executive office of administration and finance and the office of commonwealth accountability, performance and transparency shall, after developing the metrics described in subsection (c) annually conduct a review and examination of all tax credit programs as defined in section 1 of this chapter. The administering agency of each tax credit program shall fully cooperate with the executive office of administration and finance, and department of revenue and shall provide it all information requested by the department of revenue and executive office of administration and finance needed to prepare the reports called for by this subsection. After completion of such review and examination, the department of revenue and executive office of administration and finance shall issue a report to the governor, and the House and Senate’s committees on way and means, revenue and post audit and oversight, on or before October 1 of each year, setting forth their findings and analysis on the effectiveness of each tax credit program at achieving its stated public policy goals and desired outcomes.

(e) All reports issued by the department of revenue under this section shall be a public record and shall published and made available to the public on the websites of the department of revenue and the office of commonwealth accountability, performance and transparency.

Section__ .  Chapter 63, as appearing in the 2010 official edition, is hereby amended by inserting after section 38BB the following new section:-

Section 38CC (a) the department of revenue shall, develop and publish within six months of the passage of this section stated and measurable public policy objectives for the single sales factor tax formula for manufacturing corporations, defense corporations and mutual fund service corporations under  Section 38 of this chapter and  shall, in addition to any other analysis deemed appropriate develop metrics for assessing the effectiveness of the single sales factor tax formula at achieving its stated policy goals, identify revenue foregone, including, but not limited to, the dollar amount of revenue foregone  by the adoption and utilization of the single sales factor pursuant  to section 38 as compared to the apportionment method in effect for the taxable year beginning on January  first, nineteen hundred and ninety five, the volume of sales by taxpayers utilizing the single sales factor,  the number and type of taxpayers utilizing the single sales factor formula, and the number, nature and wages of jobs created or saved in the commonwealth as a result of the use of the single sales factor formula by taxpayers.  The department shall promulgate rules and regulations implementing the provisions of this section, including but not limited to, regulations and rules requiring taxpayers utilizing the single sales factor formula to submit a report each year with its tax return for each taxable year containing information and data required by the department of revenue to comply with the provisions of this section.

(b)  The department of revenue shall, after developing the metrics described in subsection (a), annually conduct a review and examination of the single sales tax formula under section 38 of this chapter. After completion of such review and examination, the department shall issue a report to the governor and legislature’s committees on way and means, revenue and post audit and oversight setting forth their findings on the effectiveness of the single sales factor tax formula in section 38 of this chapter at achieving its stated public policy goals.

(c) All reports issued by the department of revenue pursuant to this section shall be public records and shall be published and made available to the public on the department’s website.

 

 


Budget Amendment ID: FY2014-S3-40

OTH 40

Evaluation of Tax Credit Programs

Messrs. Montigny and Eldridge moved that the proposed new text be amended by inserting at the end thereof the following new section:-

Section__ Section 89 of Chapter 62C is hereby amended by inserting after the words “ identity”  in line 9 the words “ place of business of the taxpayer and  if different, the address of the headquarters or home office of the taxpayer”  and inserting after subsection (b)(iii) the following new subsections:- (iv) the date of any credit or award to the taxpayer, if applicable; (iv) the specific conditions, requirements, outcomes or results required or imposed on the taxpayer by the tax credit program and the results of the taxpayer in meeting or complying with  them; (v) the number, nature and wage levels of jobs created or maintained in the commonwealth as a result of each taxpayer’s receipt of a credit or award under a tax credit program, if applicable; (vi) the number and nature of low income housing units created in the commonwealth as a result of each taxpayer’s receipt of a credit or award a under a tax credit program , if applicable.” (vii), the number of abandoned or contaminated properties redeveloped, if applicable, and inserting the following new subsection:- “(c) the reports issued pursuant to this section shall be a public record and shall be published and maintained on the websites of the administering agency, the department of revenue and the office of commonwealth accountability, performance and transparency”.


Budget Amendment ID: FY2014-S3-42

OTH 42

FY 2013 Consolidated Net Surplus

Mr. Montigny moved that the proposed new text be amended in section 112, by striking subsection (ii) and inserting in its place the following new subsection:- “(ii) transfer $15,000,000 to item  9110-1455, in section 2 to fund the cost of premiums, deductibles and co-payments for individuals that are 200 percent below the federal poverty level ”.


Budget Amendment ID: FY2014-S3-43

OTH 43

Poverty Commission Establishment

Mr. Wolf moved that the proposed new text be amended by inserting, after section ____, the following new section:-

SECTION____. There shall be a standing commission to investigate and study how poverty in the commonwealth can be reduced by 10 per cent in the next 5 years and 20 per cent in the next 10 years by engaging the public, private, and non-profit sectors drawn from all regions of the commonwealth and representing rural, urban and suburban populations. The investigation and study shall include, but not be limited to: (1) appropriate measures of poverty; (2) the root causes of poverty; (3) analysis of income inequality in Massachusetts, in particular examining the number of people and families in the commonwealth living below 200 per cent of the federal poverty level and the socio-economic challenges they face, while also calculating the number of people and families living at multiples above the federal poverty level; (4) violence in urban areas, particularly gun violence, and its effect on youth, commercial activity, and job opportunities in the community; (5) the number and types of existing jobs and the economically competitive strengths of the commonwealth; (6) obstacles to job opportunities for the poor; (7) recent examples and categories of successful paths out of poverty for youth, families, and neighborhoods; and (8) successful approaches and innovative system change efforts to reducing poverty and violence from within the commonwealth and throughout North America. The commission shall also produce data, estimates, and conduct analysis on the potential long-term municipal and state government savings that would result from effective poverty reduction efforts throughout the commonwealth as the number of people in need of government safety net spending is reduced. The commission shall establish and methodology for calculating annually relevant and appropriate metrics of poverty in the commonwealth.

 

The commission shall consist of the following 25  members: the secretary of administration and finance, or a designee; the secretary of housing and economic development, or a designee; the secretary of health and human services, or a designee; the secretary of transportation, or a designee; the secretary of labor and workforce development, or a designee; the secretary of education, or a designee; the secretary of public safety and security, or a designee; 2 appointees to be chosen by the speaker of the house of representatives; 2 appointees to be chosen by the president of the senate; 1appointee to be chosen by the minority leader of the house of representatives; 1 appointee to be chosen by the minority leader of the senate; 1 appointee to be chosen by the Massachusetts Mayors Association; 1 appointee to be chosen by the Massachusetts Non-Profit Network; 1 appointee to be chosen by the MassInc.; 1 appointee to be chosen by a Massachusetts based philanthropic foundation; 1 appointee to be chosen by FSG or similar social impact consultant; 1 appointee to be chosen by the Institute for a Competitive Inner-City; 1 appointee to be chosen by the Massachusetts AFL-CIO; 1 appointee to be chosen by the Massachusetts Budget and Policy Center; 1 appointee to be chosen by a chamber of commerce in the commonwealth; 1 appointee to be chosen by the Massachusetts Council of Churches; 1 appointee to be chosen by the Massachusetts Association for Community Action; and 1 appointee to be chosen by an organization providing legal services to low-income people.

 

The commission shall report its findings to the general court, along with any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the house of representatives and the senate on or before November 30, 2013.


Budget Amendment ID: FY2014-S3-45-R1

Redraft OTH 45

Close Obsolete Tax Break and Increase Local Aid Funding

Mr. Montigny moved that the proposed new text be amended by inserting at the end therof the following new sections:-

 

SECTION____ .   Chapter 63 of the General Laws is hereby further amended by inserting after section 29E the following section:-

Section 29F. (a) When 50 per cent or more of the capital interests or profits interest in an entity that is engaged in a non-insurance trade or business and that would otherwise be treated as a partnership or disregarded entity for purposes of this chapter is owned, directly or indirectly, by an insurance company described in sections 20 to 29E, inclusive, the net income that passes through to that insurance company with respect to the non-insurance trade or business shall be taxed to the partnership or disregarded entity as if the partnership or disregarded entity were a corporation subject to tax under this chapter.

(b) A partnership or disregarded entity, described in subsection (a), shall file a return in the manner of a business corporation under the applicable section of this chapter with respect to the non-insurance income and activities of such partnership or disregarded entity, and shall pay the associated excise, taking into account only the portion of such net income that would otherwise pass through to an insurance company described in sections 20 to 29E, inclusive. To the extent applicable, income that is taxable to the partnership or disregarded entity under this section, and any related tax attributes and activities, shall be included and taken into account in a combined report filed under section 32B.

(c) As used in this section, the term "partnership or disregarded entity" shall include a real estate investment trust, in this subsection called a REIT, within the meaning of Section 856 of the Internal Revenue Code of 1986, as amended. In any case in which this section applies to the ownership of a REIT, the dividends paid deduction to which the REIT is entitled under the Code, to the extent attributable to the income taxed under this section, shall not be recognized.

(d) The commissioner may issue regulations or other guidance to implement this section.”

SECTION___. Any revenues generated by Sections____ to ____ of this act shall be used to supplement the funding of the department of veterans’ services provided in line item 1410-0400 of this act.

SECTION__ Section 6 of chapter 115 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the words “seventy five percent” in line 19 and inserting in their place, the words “ninety five percent”.

 


Budget Amendment ID: FY2014-S3-46-R1

Redraft OTH 46

Corrective Amendment

Mr. Brewer moved that the proposed new text be amended in section 2, in item 1410-1616 by inserting after the word “Brigade”, in line 7, the following words:- “; provided further, that $150,000 shall be expended for the Barre Civil War Memorial”; and

in said section 2, in said item 1410-1616, by striking out the figure “$160,000” and inserting in place thereof the following figure:- “$540,000”; and

in said section 2, in item 1599-0026, by inserting after the word “improvements”, in line 1, the following words:- “; provided further, that $2,000,000 shall be expended for a pilot program to promote tourism and community development in central and western Massachusetts; provided further, that eligible recipients shall include municipalities, school districts and not-for-profit organizations; provided further, that not less than $250,000 be expended to Plymouth county for the purposes of acquiring saltwater dredging equipment, provided further, that any equipment shall be owned, operated and maintained by Plymouth county”; and

in said section 2, in said item 1599-0026, by striking out the figure “$7,000,000” and inserting in place thereof the following figure:- “10,250,000”; and

in said section 2, in said item 1775-0115, by striking out the figure “$5,296,020”, each time it appears, and inserting in place thereof the following figure:- “$5,546,020”; and

in said section 2, in item 2200-0100, by adding the following words:- “; and provided further, that $250,000 shall be expended for the Buzzards Bay Coalition and Provincetown Center for Coastal Studies, in conjunction with the Marine Biological Laboratory and the University of Massachusetts at Boston, for a coastal water quality monitoring program in Buzzards Bay, Vineyard Sound, Nantucket Sound and Cape Cod Bay”; and

in said section 2, in said item 2200-0100, by striking out the figure “$27,872,469” and inserting in place thereof the following figure:- “28,122,469”; and

in said section 2, in item 2300-0100, by striking out the figure “719,979” and inserting in place thereof the following figure:- “$869,979”; and

in said section 2, in said item 2330-0100, by striking out the figure “$4,759,039” and inserting in place thereof the following figure:- “$5,309,039”; and

in said section 2, in item 2810-0100, by inserting after the word “item”, in line 11, the following words:- “provided further, that not less than $100,000 shall be expended for the operation of the Gardner Heritage State Park in the city of Gardner;” and

in said section 2, in said item 2810-0100, by striking out the figure “$41,044,957” and inserting in place thereof the following figure:- “$41,444,957”; and

in said section 2, in said item 7003-1206, by striking out the figure “$600,000” and inserting in place thereof the following figure:- “$1,075,000”; and

in said section 2, in item 7008-0900, by inserting after the word “commonwealth”, in line 3, the following words:- “; provided further, that $25,000 shall be expended for the Cape Cod Canal Centennial Celebration; provided further, that $50,000 shall be expended for the North Quabbin Chamber of Commerce to establish a regional tourism council for the North Quabbin area; provided further, that no less than $125,000 shall be expended as matching grants to the Plymouth 400 Committee for the commemoration of the town of Plymouth’s four hundredth anniversary; provided further, that $25,000 shall be expended for the three hundred and seventy-fifth anniversary in the town of Sandwich; provided further, that not less than $10,000 shall be expended for the town of Oxford’s Tercentennial celebration; provided further, that not less than $20,000 shall be expended for the planning of the town of Southbridge’s Bicentennial celebration; provided further, that not less than $100,000 shall be expended to Plimoth Plantation for restoration of the Mayflower II”; and

in said section 2, in said item 7008-0900, by striking out the figure “$5,924,728” and inserting in place thereof the following figure:- “$6,714,728; and

in said section 2, in item 7009-9600, by striking out the figure “$400,000” and inserting in place thereof the following figure:- “$700,000”;

in said section 2, in item 7070-0066, by striking out, in line 9, the word “regulations” and inserting in place thereof the following word:- “guidelines”; and

in said section 2, in item 7100-0200, by adding the following words:- “; and provided further, that $50,000 shall be expended for the University of Massachusetts at Amherst to conduct an industrial base analysis in the North Quabbin region”; and

in said section 2, in said item 7100-0200, by striking out the figure “$454,818,314” and inserting in place thereof the following figure:- “$454,868,314”; and

in said section 2, in item 8324-0000, by inserting after the word “cent”, in line 20, the following words:- “; provided further, that not less than $100,000 shall be expended for the Fire Chiefs’ Association of Plymouth County to develop and upgrade the emergency radio communications system in Plymouth county”; and

in said section 2, in said item 8324-0000, by adding the following words:- “; and provided further, that 100 per cent of the amount appropriated in this item for the development and upgrade of the emergency radio communications system in Plymouth county shall be assessed upon insurance companies writing fire, homeowners’ multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance”; and

in said section 2, in item 8900-0001, by adding the following words:- “; and provided further, that not less than $100,000 shall be expended to enhance qualified behavioral health services provided by the employee assistance services unit”; and

in said section 2, in said item 8900-0001, by striking out the figure “$540,651,975” and inserting in place thereof the following figure:- “$542,976,975”; and

in section 2E, in item 1595-6368, by adding the following words:- “; provided further, that not less than $770,000 shall be provided to the Montachusett regional transit authority for a contract with Community Transit Services to ensure services shall not be reduced in fiscal year 2014; and provided further, that the Massachusetts Department of Transportation and the Montachusett regional transit authority shall work in conjunction with Community Transit Services and the town of Athol to phase out services not currently covered by the regional transit authority not later than July 1, 2014”; and

in said section 2E, in said item 1595-6368, by striking out the figure “$244,922,851” and inserting in place thereof the figure:- “$245,887,215”; and

in section 5, by striking out, in line 63, the words “an annual audit by the state auditor”; and

inserting in place thereof the following words:- “audit by the state auditor under section 12 of chapter 11”; and

in section 49, by inserting after the word “determination”, in line 662, the following words:- “under paragraph (2) of subsection (c)”; and

in section 64, by inserting after the word “auditor”, in line 970, the following words:- “under section 12 of chapter 11”; and

in section 71B, inserted by amendment 236, by striking out the words “at least”, the first 2 times it appears; and

in section 92, in proposed section 3C, in subsection (a), by inserting after the introductory clause the following definition:-

“’Ambulance service benefits’, coverage for transportation services rendered by an ambulance service provider under an insurance policy or insurance contract.”

in section 135, by striking out, in line 1857, the words “shall make available” and inserting in place thereof the following words:- “may spend not more than”; and

in section 139, by striking out the last paragraph and inserting in place thereof the following paragraph:-

“Nothing in this section shall preclude a sitting member of the art commission for the commonwealth established in section 19 of chapter 6 of the General Laws from being appointed to the art commission for the state house established in section 20 of said chapter 6.”; and

by inserting after section 139 the following section:-

“Section 139A.  Notwithstanding any general or special law to the contrary, the catastrophic illness in children relief fund commission may expend funds in the Catastrophic Illness in Children Relief Fund, in consultation with the secretary of administration and finance, in anticipation of revenue in fiscal year 2014.”.


Budget Amendment ID: FY2014-S3-47-R1

Redraft OTH 47

Massachusetts Cultural Council

Mr. Wolf and Ms. Donoghue and Ms. Spilka and Mr. DiDomenico and Ms. Flanagan and Ms. Clark and Mr. Downing and Ms. Jehlen, Ms. Candaras, Ms. Creem and Ms. Chang-Diaz and Mr. Brownsberger and Ms. Lovely and Messrs. Barrett, Finegold, Knapik, Montigny, Rodrigues and Welch and Ms. O'Connor Ives and Messrs. Rush, Joyce, Timilty, Michael O. Moore, Eldridge, McGee, Kennedy and Donnelly moved that the proposed new text be amended in section 2, in item 0640-0300, by striking out the figure “$6,589,935” and inserting in place thereof the following:- $8,089,935

 


Budget Amendment ID: FY2014-S3-48-R2

2nd Redraft OTH 48

Visitor Centers

Mr. Wolf moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting after the words “through item 7008-1000” the following words:- “; provided further, that not less than $200,000 shall be expended for opening the 11 visitor information centers from Memorial Day to Columbus Day”; and

by striking out the figure “$5,924,728” and inserting in place thereof the following figure:-  “$6,124,728”