Budget Amendment ID: FY2015-S4-125-R1
Redraft GOV 125
Human Service Salary Reserve
Ms. Spilka, Messrs. Lewis, Rodrigues, Barrett, Donnelly and Eldridge, Ms. Candaras, Mr. Welch, Ms. Forry, Messrs. Keenan, Humason, DiDomenico, Brownsberger, Montigny and Richard T. Moore, Ms. Chang-Diaz, Ms. O'Connor Ives, Messrs. Finegold, Kennedy and Downing, Ms. Jehlen, Mr. Michael O. Moore and Ms. Lovely moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, by inserting after item 1599-4444 the following line item:-
“1599-6901 For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this item; provided further, that workers from shelters and programs that serve homeless individuals and families that were previously contracted through the department of transitional assistance and the department of public health currently contracted with the department of housing and community development and direct care workers that serve homeless veterans through the department of veterans’ services shall be eligible for funding from this item; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of equal percentage adjustments to wages, compensation or salary; provided further, that not later than January 15, 2015, the executive office of health and human services shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving the adjustment in fiscal year 2015 and the average percentage adjustment funded in this item; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for early education and care services or programs for which payment rates are negotiated and paid as class rates as established by the executive office of health and human services; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2015 costs of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $8,000,000; provided further, that funds for this account shall be distributed not later than 160 days after the effective date of this section; provided further, that the executive office health and human services shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; and provided further, that the annualized cost of the adjustments in fiscal year 2016 shall not exceed the amount appropriated in this item………….. $8,000,000”.
Budget Amendment ID: FY2015-S4-126
GOV 126
Ensuring Compliance and Equity in State Reimbursement
Messrs. Tarr, Hedlund and Humason moved that the proposed new text be amended moved that the bill be amended by striking SECTION 27 in its entirety and in inserting in place thereof the following new sections:-
SECTION XX. Section 28 of Chapter 7 of the General Laws as appearing in the 2012 Official Edition is hereby amended in line 24 by inserting after the word “meals” the following words:-
lodging, entertainment, airfare and other travel expenses
SECTION XX. Section 28 of said Chapter 7 is hereby amended in line 26 by inserting after the word “thereof” the following words:- or at the expense of any fund created by the commonwealth
SECTION XX. Section 28 of said Chapter 7 is hereby amended in line 27 by striking out the following words:- which receive state appropriations.
SECTION XX. Section 29 of said Chapter 7 is hereby amended by striking lines 71-75 in their entirety.
Budget Amendment ID: FY2015-S4-127
GOV 127
Mother Brook Arts & Community Center
Mr. Rush moved that the proposed new text be amended in section 2, in item 1599-0026, moved that the bill be amended in section 2, in item 1599-0026, by adding at the end thereof the following:- “, and provided further that not less than $200,000 shall be expended for the Mother Brook Arts and Community Center in the town of Dedham”; and in said item, by striking out the figures “$6,400,000” and inserting in place thereof the figures “6,600,000”
Budget Amendment ID: FY2015-S4-128
GOV 128
CBA Transparency
Messrs. Rodrigues, Tarr and Ross moved that the proposed new text be amended in section 2, in item 7003-0200, moved that the bill be amended in section 2, in item 7003-0200, by inserting at the end thereof the following:-
“; provided further, that collective bargaining agreements or understandings in a written agreement between a labor organization or organizations, as defined in subsection (5) of section 2 of chapter 150A, and an employer or employers or association or group of employers, dealing with rates of pay, wages, hours or other terms and conditions of employment of any employee or employees for the purpose of determining wages paid to mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public works as established under section 26 of chapter 149 of the general laws, shall be made available by the commissioner through the website of the department.”
Budget Amendment ID: FY2015-S4-129
GOV 129
MA Underground Storage Tank Cleanup
Mr. Rush moved that the proposed new text be amended in section 2, in item 1232-0100, moved that the bill be amended in section 2, in item 1232-0100, by striking the figure “$14,000,000” and inserting in place thereof the following figure:- “$24,000,000”
Budget Amendment ID: FY2015-S4-130
GOV 130
Group Insurance Benefits for State Employees and Retired State Employees
Messrs. Pacheco and McGee moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-
“SECTION ___. Section 5 of chapter 32A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 1, 2, 24 and 25, the word “five”, and inserting in place thereof, in each instance, the word:- ten.
SECTION ___. Section 6 of said chapter 32A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The amount of group life insurance on each employee shall be ten thousand dollars, and the amount of group accidental death and dismemberment insurance on each employee shall be ten thousand dollars, except that those employees desiring to elect optional coverage in excess of ten thousand dollars group life insurance and ten thousand dollars group accidental death and dismemberment insurance may do so as provided in section ten A.
SECTION ___. The first paragraph of section 10 of said chapter 32A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission shall require that, upon retirement of an employee, the policy or policies of insurance as set forth in section six, except the optional group life insurance referred to therein, shall provide that the ten thousand dollars of group life insurance, the ten thousand dollars of group accidental death and dismemberment insurance and the group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance, as provided under sections five and ten C, as may be applicable, shall be continued, provided said retiree makes application to the commission on a form prescribed by the rules and regulations of the commission.”
Budget Amendment ID: FY2015-S4-131-R1
Redraft GOV 131
Debt Issuance Practices
Mr. Joyce moved that the proposed new text be amended moved that the bill be amended by inserting after section 4 the following new section:-
“SECTION 4A. Section 97 of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(c) Whenever a state entity issues bonds or notes maturing at a time later than 3 years from their dates, excepting such bonds or notes as are to be issued for the investment of cash in any of the sinking or other established funds of the commonwealth, the state entity shall solicit bids for the purchase thereof and shall provide reasonable notice to the public of such solicitations. The state entity may reserve the right to reject any or all bids. If no bid is accepted, the whole or any part of the loan may be awarded to any person. Compliance with this section may be waived with respect to an issue of bonds or notes upon the approval of the state finance and governance board established in this section.”; and
by inserting after section 44 the following 3 sections:-
SECTION 44A. Chapter 44 of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2A. (a) Whenever a municipality issues bonds or notes maturing at a time later than 3 years from their dates, excepting such bonds or notes as are to be issued for the investment of cash in any of the sinking or other established funds of the commonwealth, the municipality shall solicit bids for the purchase thereof and shall provide reasonable notice to the public of such solicitations. The municipality may reserve the right to reject any or all bids. If no bid is accepted, the whole or any part of the loan may be awarded to any person. Compliance with this section may be waived with respect to an issue of bonds or notes upon the approval of the municipal finance oversight board.
(b) Any municipality issuing bonds or notes pursuant to subsection (a) may seek the consultation of the municipal finance oversight board as defined in section 1 of chapter 44A.
(c) Annually, on or before July 15, a municipal issuer shall submit a report to the municipal finance oversight board that includes, but shall not be limited to:
(i) a copy of the municipality’s debt management-related policies;
(ii) compliance with restrictions on debt issuance including, but not limited to, the restrictions set forth in this chapter 44;
(iii) total debt outstanding;
(iv) existing borrowing capacity; and
(v) credit ratings and rating agencies management and communications.
SECTION 44B. Section 1 of chapter 44A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of “Municipal finance oversight board” or “Board” and inserting in place thereof the following definition:-
“Municipal finance oversight board” or “Board”, a board composed of the following voting members: the state treasurer, who shall serve as chair; the secretary of administration and finance; the comptroller; the attorney general; the state auditor; the director of accounts in the department of revenue; 1 person to be appointed by the governor who shall be an expert in public finance and who shall be a resident of the commonwealth; and 2 persons to be appointed by the state treasurer who shall be local government finance officials; provided, however, that the board shall also be composed of the following nonvoting members: the chairs and the ranking minority members of the senate and house committees on bonding, capital expenditures and state assets and the chairs and ranking minority members of the senate and house committees on ways and means; provided further, that a voting member may delegate that member's appointment; provided further, that the person appointed by the governor and the state treasurer shall serve terms established by their appointing authority but not longer than 4 years; and provided further, that each appointed person may second or subsequent terms and may continue to serve after the expiration of their term if desired by the appointing authority.”; and
SECTION 44C. Said chapter 44A is hereby further amended by inserting after section 1 the following section:-
SECTION 1A. (a) The board shall provide technical assistance and continuing education to local government officials on the practices and strategies for public debt issuance and investing public funds and shall assist local financing authorities and commissions in carry out their responsibilities. The assistance may include, but shall not be limited to, the following:-
(i) the terms of the debt to be issued including, but not limited to, the purpose of the issuance, the amount issued, the interest rate and the amortization period;
(ii) prudent issuance costs including, but not limited to, rating agency fees, bond insurance premiums, printing costs, filing fees, trustee or paying agent fees, financial advisor fees and legal fees;
(iii) the selection process for professional services, where applicable;
(iv) the method of sale determination, whether competitive or negotiated; and
(v) the effect of the issuance on the entity’s debt affordability and borrowing capacity.
(b) The board shall submit an annual report to the clerks of the senate and house of representatives not later than October 1. The annual report shall include: (i) a comprehensive list of the local financing authorities assisted, including the type of assistance provided and the terms of any debt issued following the board’s assistance; (ii) a comprehensive analysis of the information provided to the board under section 2A of chapter 44; and (iii) recommendations on legislative, policy, regulatory and administrative changes to improve the sale and servicing of debt, if any.”
Budget Amendment ID: FY2015-S4-132-R1
Redraft GOV 132
Massachusetts State Athletic Commission
Mr. Joyce moved that the proposed new text be amended by inserting, after section __, the following section:-
“SECTION __. Section 12 of Chapter 22 of the General Laws is hereby amended by adding at the end thereof the following:-
Each commissioner shall be deemed an employee of the Commonwealth shall be compensated at the rate of not less than $5,000 per year.”
Budget Amendment ID: FY2015-S4-133
GOV 133
Mass Historical Commission Transparency
Messrs. Rodrigues and Tarr moved that the proposed new text be amended in section 2, in item 0526-0100, moved that the bill be amended in section 2, in item 0526-0100, by inserting at the end thereof the following:- “; provided, that beginning on January 1, 2015, the commission shall publish, at least twice per month: (i) a summary or copy of the notices submitted pursuant to section 27C of chapter 9 of the general laws, including but not limited to, a summary or copy of each determination made by the commission regarding whether a project that is the subject of such notice will have any adverse effect, and a summary or copy of any commission recommendations regarding measures to eliminate, minimize, or mitigate adverse effects of such project; and (ii) a listing of any application to the commission for, and any certification made by the commission regarding, eligibility for and/or award of an historic rehabilitation tax credit under section 6J of chapter 62 or section 38R of chapter 63 of the General Laws; and provided further, that the publication shall be available on the website of the commission in such form as is reasonably suited to informing all interested agencies and persons of such notices, applications, determinations, recommendations, and certifications, and shall indicate the manner in which the full text of any notice, application, determination, recommendations, or certifications may be obtained by such agencies or persons”; and in said item by striking out the figure "$816,000" and inserting in place thereof the figure:- "$916,000".
Budget Amendment ID: FY2015-S4-135
GOV 135
Public Safety Employee Death Benefits
Ms. Spilka moved that the proposed new text be amended moved that the bill be amended by inserting, the following new section:-
"SECTION XX: Section 100A of chapter 32 of the General Laws is hereby amended by inserting after the words “correction officer” in line 19 , as appearing in the 2012 Official Edition, the words “and Department of Public Works employee”.
This section shall take effect as of January 1, 2014.”
Budget Amendment ID: FY2015-S4-136
GOV 136
Statewide Grand Jury
Messrs. Joyce and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
SECTION __. Sections 99 and 107 of chapter 28 of the acts of 2009 are hereby repealed.
Budget Amendment ID: FY2015-S4-137-R1
Redraft GOV 137
Promoting Local Cost Savings and Transparency
Mr. Downing moved that the proposed new text be amended moved that the bill be amended by inserting after section 44 the following 2 sections:-
“SECTION 44A. Chapter 40 of the General Laws is hereby amended by striking out section 49, as so appearing, and inserting in place thereof the following section:-
Section 49. Before the annual town meeting the selectmen shall, at the expense of the town, make available the annual town report for the use of the inhabitants containing: (i) the report of the selectmen for the calendar or fiscal year preceding the meeting; (ii) the report of the school committee; (iii) statements in tabulated form prepared under section 60 of chapter 41 unless otherwise made available as provided in said section 60 of said chapter 41; (iv) the annual report of the town accountant for the preceding fiscal year as provided in section 61 of said chapter 41; (v) the annual report of the town treasurer as provided in section 35 of said chapter 41; (vi) except as otherwise provided by vote or by-law of the town, of such other officers and boards as consider it expedient to make a report, the jury list as required by chapter 234; and (vii) other matters as the law or the town by vote or by-law requires or as the selectmen consider expedient. If the selectmen neglect or refuse to make the annual report available, the selectmen shall severally forfeit $50.
A town may by by-law provide fiscal year reports as it considers suitable within 90 days of the close of the fiscal year. A copy of the fiscal year reports shall be transmitted by the town clerk to the state library before November 1. A town may also by by-law provide all reports of town officers and boards, committees and commissions on a fiscal year basis in place of the calendar year report required by this section.
SECTION 44B. Chapter 44 of the General Laws is hereby amended by inserting after section 44 the following section:-
Section 44A. (a) Each city and town shall annually provide an official electronic copy of its current annual operating budget to the division of local services in the department of revenue.
(b) The division shall post the current annual operating budget for each city and town on its website.
(c) The division shall promulgate regulations as necessary to carry out this section.”.
Budget Amendment ID: FY2015-S4-138-R1
Redraft GOV 138
North Adams Relief
Mr. Downing moved that the proposed new text be amended in section 2, in item 1233-2400, moved that the bill be amended in section 2, in item 1599-0026, by adding the following words:- “; provided further, that $750,000 shall be expended as a 1-time grant to the city of North Adams to backfill forgone payments in lieu of taxes, sewer, water and other fees not paid by Northern Berkshire Healthcare, Inc. and for other extraordinary costs related to the closure of a certain hospital in the town of North Adams”;
and in said section 2, in said item 1599-0026, by striking out the figure “$6,400,000” and inserting in place thereof the following figure:- “$7,150,000”.
Budget Amendment ID: FY2015-S4-139
GOV 139
Massachusets Asian American Commission
Mr. Keenan, Ms. Creem and Mr. Barrett moved that the proposed new text be amended in section 2, in item 0950-0080, moved that the bill be amended in section 2, in item 0950-0080, by striking out the figure "$35,000" and inserting in place thereof the following figure:- "$50,000"
Budget Amendment ID: FY2015-S4-141
GOV 141
Political Committee Equality
Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION__. Notwithstanding any general or special law to the contrary, the office of campaign and political finance shall treat groups or organizations that make only contributions or independent expenditures, but does not solicit or receive funds for any political purpose, the same as any other political committee under chapter 55 of the General Laws.”
Budget Amendment ID: FY2015-S4-142-R1
Redraft GOV 142
Worcester Registry of Deeds
Mr. Michael O. Moore and Ms. Chandler moved that the proposed new text be amended in section 2, in item 0540-2100, moved that the bill be amended in section 2, in item 0540-2100, by striking out the figure "$2,233,096" and inserting in place thereof the following figure:- "$2,479,263"
Budget Amendment ID: FY2015-S4-143
GOV 143
Fulfilling a Settlement Obligation of the Commonwealth
Ms. Spilka moved that the proposed new text be amended in section 2, in item 1599-3384, moved that the bill be amended in section 2, in item 1599-3384, by adding at the end thereof the following:- "provided that $2,100,000 be expended for the purpose of victim assistance to be paid to the estate of the plaintiff in the case of Davis v. Rennie, civil action NO. 96-cv-11598MEL"; and in said item, by striking out the figure “$4,055,000” and inserting in place thereof the figure “6,155,000”
Budget Amendment ID: FY2015-S4-144
GOV 144
Hampden County Sheriff
Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 8910-0102, moved that the bill be amended in section 2, in item 8910-0102, by striking out the figure “$69,636,704” and inserting in place thereof the following figure:- “$70,841,233”
Budget Amendment ID: FY2015-S4-145
GOV 145
Hampden County Sheriff 2
Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 8910-1010, moved that the bill be amended in section 2, in item 8910-1010, by striking out the figure “$896,387” and inserting in place thereof the following figure:- “$1,013,157”
Budget Amendment ID: FY2015-S4-146
GOV 146
George Finegold Library
Ms. Candaras moved that the proposed new text be amended in section 2, in item 1120-4005, moved that the bill be amended in section 2, in item 1120-4005, by striking out the figure “$856,240” and inserting in place thereof the figure:- “$896,240”
Budget Amendment ID: FY2015-S4-147-R2
2nd Redraft GOV 147
Extending Safety Protections to Employees of the Executive Branch of the Commonwealth
Messrs. Pacheco, Eldridge and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-
SECTION 79A. Chapter 149 of the General Laws is hereby amended by inserting after section 6 the following section:-
Section 6½. (a) This section shall apply to places of employment subject to section 28 of chapter 7. The department and the personnel administrator, after consulting the advisory board established by subsection (b), shall jointly adopt regulations that shall provide at least the level of protection to employees as is provided under the federal Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., including standards and the provisions of the General Duty clause, 29 U.S.C. § 654. In the absence of a state regulation, the department shall apply the applicable provisions of that act.
(b) The governor shall appoint an occupational health and safety hazard advisory board to evaluate injury and illness data, recommend training and implementation of safety and health measures, monitor the effectiveness of safety and health programs and determine where additional resources are needed to protect the safety and health of employees of the commonwealth. The board shall consist of: (i) the secretary of labor and workforce development or a designee, who shall serve as the co-chair; (ii) the personnel administrator or a designee, who shall serve as co-chair; (iii) the director of the department of labor standards or a designee; (iv) the secretary of administration and finance or a designee; (v) the director of employee relations or a designee; (vi) the commissioner of public health or a designee; (vii) the director of industrial accidents or a designee; (viii) 4 representatives from labor unions representing the commonwealth employees; (ix) 1 representative from a community-based health and safety advocacy organization; and (x) 1 member of the faculty of the department of work environment at the University of Massachusetts at Lowell.
(c) The attorney general may bring a civil action for declaratory or injunctive relief to enforce this section.”.
Budget Amendment ID: FY2015-S4-148
GOV 148
Sheriff Compensation
Ms. Candaras moved that the proposed new text be amended moved that the bill be amended by adding the following new section at the end thereof:-
SECTION XX. Section 17 of chapter 37 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The Sheriffs of the counties of Barnstable, Bristol, Norfolk, Plymouth and Suffolk and of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex and Worcester shall each receive a salary equal to 95 per cent of the salary of the associate justice of the trial court. The sheriff of the county of Dukes shall receive a salary equal to 75 per cent of the salary of an associate justice of the trial court. The sheriff of the county of Nantucket shall receive a salary equal to 60 percent of an associate justice of the trial court.
Budget Amendment ID: FY2015-S4-149-R1
Redraft GOV 149
Library for the Commonwealth
Mr. Rush, Ms. Forry, Messrs. Brownsberger and DiDomenico moved that the proposed new text be amended in section 2, in item 7000-9401, moved that the bill be amended in section 2, in item 7000-9401, in line 16 by striking out the word “38.3” and inserting in place thereof the word “40.7”; and in said item by striking out the figures “$9,723,978” and inserting in place thereof the following figures:- “$9,883,482”
Budget Amendment ID: FY2015-S4-150
GOV 150
Federal Only Ballot
Mr. Kennedy moved that the proposed new text be amended moved that the bill be amended by inserting, after Section ___, the following new section:-
“SECTION ___. Notwithstanding any general or special law to the contrary, the Secretary of the Commonwealth may, as he deems necessary for the orderly administration of elections, print separate ballots containing federal offices only for the September 9, 2014 and November 4, 2014 state elections to ensure compliance with federal law.”
Budget Amendment ID: FY2015-S4-151
GOV 151
Uniformed and Oversea Voters
Mr. Kennedy moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
“SECTION ____. Chapter 54 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 91B, the following section:
Section 91C. (a) Upon receipt of a properly executed application for an absentee ballot from a UOCAVA voter, a town or city clerk shall retain the application and, without delay enter the application in the voter registration information system.
(b) Within 24 hours of receiving the absentee ballots or ballot file from the state secretary’s office, the city or town clerk shall transmit such ballot to all UOCAVA voters for whom an application was received in accordance with paragraph (a) above and shall enter the date of transmission into the voter registration information system forthwith.
(c) If a request for an absentee ballot is received from a UOCAVA voter 45 or more days before a federal election, the city or town clerk shall send the ballot and instructions to the applicant no later than the day 45 days prior to the federal election using either mail or electronic transmission, as requested by the voter.
d) If a request for an absentee ballot is received from a UOCAVA voter less than 45 days before a federal election, the city or town clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter.
(e) If a request for an absentee ballot is received from a UOCAVA voter 45 or more days before a federal election and the secretary has determined that the city or town clerk is unwilling or unable to transmit the ballot at least 45 days before the election, the state secretary may, on behalf of the city or town clerk, after notice to the city or town clerk and in accordance with the voter's choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter no later than the day 45 days prior to the federal election.
The state secretary shall enter in the voter registration information system the transmission date on which absentee voters were sent ballots by the secretary pursuant to this paragraph.
SECTION 2. The secretary may promulgate regulations to carry out this legislation.”
Budget Amendment ID: FY2015-S4-152-R1
Redraft GOV 152
Veterans Vehicle Excise Tax Exemption
Messrs. Keenan, Rush and Hedlund, Ms. Candaras, Messrs. Ross, Pacheco, Tarr, Montigny and Michael O. Moore moved that the proposed new text be amended in section 2, moved that the bill be amended by inserting after section 49 the following 4 sections:-
“SECTION 49A. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by inserting after the word “by”, in lines 83, 88, 95, 102, 132 and 140, in each instance the following words:- or leased to.
SECTION 49B. Said section 1 of said chapter 60A, as so appearing, is hereby further amended by inserting after the word “to”, in lines 112 and 114, in each instance, the following words:- or leased to.
SECTION 49C. Said section 1 of said chapter 60A, as so appearing, is hereby further amended by inserting after the word “for”, in line 121, the following words:- or leased to.
SECTION 49D. Said section 1 of said chapter 60A, as so appearing, is hereby further amended
by inserting after the word “registered”, in lines 151 and 156, in each instance the following words:- or leased.”
Budget Amendment ID: FY2015-S4-153
GOV 153
Division of Administrative Law Appeals
Mr. Donnelly moved that the proposed new text be amended in section 2, in item 1110-1000, moved that the bill be amended in section 2, in item 1110-1000, by adding at the end thereof the following: “provided that $100,000 shall be expended solely for contract hearing officers to hear older backlogged cases referred to the Division by the Contributory Retirement Appeal Board"; and in said item, by striking out the figures “$1,138,949" and inserting in place thereof the figures "$1,238,949".
Budget Amendment ID: FY2015-S4-154-R1
Redraft GOV 154
Dual Pensions Fix
Mr. Donnelly moved that the proposed new text be amended by inserting after section ___, the following new sections:-
“SECTION __. Section 5(2)(e) of Chapter 32 of the General Laws, as most recently amended by Chapter 21 of the Acts of 2009, is hereby amended by striking said paragraph (e) and inserting in place thereof the following:-
(e) A person who has been a member of 2 or more systems and who, on or after January 1, 2010, has received regular compensation from 2 or more governmental units concurrently for greater than 60 days, shall, upon retirement, receive a superannuation retirement allowance to become effective on the date of retirement that is equal to the sum of the benefits calculated pursuant to this section as though the member were retiring solely from each system; provided however, that notwithstanding paragraph (c) of subdivision 8 of section 3, each system shall pay the superannuation retirement allowance attributable to membership in that system to the member; and provided further, that this section shall not apply to any member who has vested in 2 or more systems as of January 1, 2010, or to any position whose annual regular compensation was less than five thousand dollars. Section 3(7)(d) of this chapter shall not be applicable whenever the provisions of this paragraph are applicable. Any member who retires after the effective date shall only be considered a dual member if they meet the provisions of section 5(2)(e) as amended by the act.”
This paragraph shall only apply to the five years of creditable service immediately preceding a member’s superannuation retirement under section 5 of this chapter.
This paragraph shall not apply to section 6 of this chapter.
SECTION __. Section __ shall become effective upon passage. Any member who retires after the effective date shall only be considered a dual member if they meet the provisions of section 5(2)(e) as amended by the act.”
Budget Amendment ID: FY2015-S4-155
GOV 155
Masssachusetts Center for the Book
Mr. Donnelly and Ms. O'Connor Ives moved that the proposed new text be amended moved that the bill be amended by inserting after item 7000-9506 the following item:
“xxxx-xxxx For the Massachusetts Center for the Book, Inc., chartered as the Commonwealth Affiliate of the Center for the Book in the Library of Congress; provided, that the Massachusetts Center for the Book, Inc. shall be established as a public-private partnership charged with the development, support and promotion of cultural programming designed to advance the cause of books and reading and enhance the outreach potential of public libraries within the commonwealth…………………………………………………$125,000”
Budget Amendment ID: FY2015-S4-156-R1
Redraft GOV 156
Franklin Regional Retirement System
Messrs. Rosenberg and Downing moved that the proposed new text be amended moved that the bill be amended by inserting after section 122 the following section:-
“SECTION 122A. (a) Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, computed as the actuarial assumed interest, credited as of July 1, 2014 to the annuity savings accounts of persons actively employed by the Franklin regional council of governments who are active members of the Franklin regional retirement system and otherwise eligible for membership in the state employees retirement system, shall be transferred to the state employees’ retirement system. The public employee retirement administration commission shall certify to the state board of retirement that the amounts transferred under this act are accurate.
(b) Upon completion of the required documentation and acceptance by the state board of retirement under applicable laws and regulations, persons actively employed by the Franklin regional council of governments who are active members of the Franklin regional retirement system shall become members of the state employees’ retirement system as of July 1, 2014 and shall be subject to the rules and regulations of state employees’ retirement system.
The Franklin regional council of governments and the Franklin regional retirement system shall transfer to the state board of retirement all records related to the employment of persons affected by this section related to their membership in the Franklin regional retirement system.
For any transferred employee under this section, determinations related to the membership, retirement benefits including, but not limited to, eligibility for benefits, creditable service amounts, accumulated retirement deductions and interest and group classifications shall be made solely by the state board of retirement.
(c) Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Franklin regional retirement system shall reimburse the state employees’ retirement system and any other retirement system governed by said chapter 32 for its pro rata share of the amount of any retirement allowance paid to employees transferred under this section that is attributable to their creditable service while employees of the Franklin regional council of governments and members of the Franklin regional retirement system. This subsection shall have no effect on: (i) any other liability under said chapter 32 that the Franklin regional retirement system may have to the state employees’ retirement system system or any other applicable retirement system; or (ii) any liability related to former employees of the Franklin regional council of governments.
This section shall apply to former employees of the Franklin regional council of governments that are inactive members of the Franklin regional retirement system as of July 1, 2014, that return to active service with the Franklin regional council of governments on or after July 1, 2014 and become members of the state employees’ retirement system; provided, however, that any such former employees shall be subject to the normal transfer procedures under applicable laws and regulations.
The Franklin regional retirement system shall reimburse the state employees’ retirement system and any other retirement system governed by chapter 32 of the General Laws for its pro rata share of the amount of any retirement allowance paid to such employees. The state employees retirement system shall not be responsible under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws or any other general or special law for the creditable service of former employees of the Franklin regional council of governments who were members of the Franklin regional retirement system and are not actively employed by Franklin regional council of governments and not also members of the Franklin regional retirement system as of July 1, 2014.
(d) The state board of retirement shall not be responsible for any amount of retirement allowance, pension, disability allowance or other benefit under said chapter 32 of the General Laws for any employee, retiree, survivor or beneficiary of the Franklin regional council of governments due or otherwise in effect on or before July 1, 2014 from the Franklin regional retirement system or for any portion of any unfunded liability that may exist for an employee, survivor or beneficiary of the Franklin regional council of governments related to the Franklin regional retirement system. The state board of retirement shall not be responsible for benefits related to any disability retirement application that has been filed or may be pending with the Franklin regional retirement board or with the public employee retirement administration commission as of July 1, 2014 or for benefits related to any disability retirement applications that arise out of injuries that occurred prior to July 1, 2014.
The state board of retirement shall not be responsible for liability for any service accrued prior to July 1, 2014 by retirees of the Franklin regional council of governments that are retirees of the Franklin regional retirement system as of July 1, 2014, that return to active service with the Franklin regional council of governments on or after July 1, 2014 and become members of the state employees’ retirement system with the intention of reinstatement as provided in section 105 of chapter 32 of the General Laws. Any repayment of retirement allowance shall be made to the Franklin regional retirement system, which shall retain liability for service accrued by the reinstated member while a member of the Franklin regional retirement system and shall be subject to the normal transfer procedures under applicable laws and regulations.
Employees of the Franklin regional council of governments shall be eligible for membership in the state employees’ retirement system only if they meet the state board of retirement’s membership requirements. The Franklin regional council of governments shall conform to the state board of retirement’s payroll reporting requirements.”
Budget Amendment ID: FY2015-S4-158
GOV 158
Workforce Competitiveness Trust Fund
Messrs. Donnelly, Wolf, Michael O. Moore, DiDomenico, McGee and Barrett moved that the proposed new text be amended moved that the bill be amended by inserting after section XX, the following new section:-
“SECTION XX. Section 2WWW of chapter 29 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking subsection (d) beginning at line 60and inserting in place thereof the following new subsection (d):-
(d) There shall be credited to the fund amounts as described below:
(i) an amount equal to 0.3% of the total revenue from taxes paid under chapter 63; and,
(ii) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and any gifts, grants, private contributions, investment income earned on the fund's assets and all other sources.
Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.”
Budget Amendment ID: FY2015-S4-159-R1
Redraft GOV 159
Department of Capital Asset Management Operations
Ms. Forry moved that the proposed new text be amended in section 2, in item 1102-3205, moved that the bill be amended in section 2, in item 1102-3199, by striking the figures “$10,289,943” and inserting in place thereof the figures “$13,689,943”.
Budget Amendment ID: FY2015-S4-160-R1
Redraft GOV 160
Making Line of Duty Death Benefit Available to All Public Employees
Mr. Brownsberger moved that the proposed new text be amended moved that the bill be amended by adding the following new section:-
Section XX.Section 100A of Chapter 32, as amended by Section 3 of Chapter 70 of the Acts of 2014, is hereby amended by deleting the following word, in lines 8, 12, 23, 25, 26, and 28, as appearing in the 2012 Official Edition of the General Laws:- “safety”;
And by adding after the words "correction officer” in line 19, as so appearing, the following:- “, any employee as defined in Section 1 of Chapter 32 of the General Laws, and any person in the employ of the Massachusetts Bay Transportation Authority”.
Budget Amendment ID: FY2015-S4-161
GOV 161
Gateway Cities Population Threshold
Ms. Donoghue, Mr. Michael O. Moore, Ms. Lovely, Messrs. Downing and McGee moved that the proposed new text be amended moved that the bill be amended by striking out section 26.
Budget Amendment ID: FY2015-S4-162
GOV 162
Stone Soul Inc
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 0640-0300, moved that the bill be amended in section 2, in item 0640-0300, by inserting after the words “General Fund” the following words:- “; provided further that not less than $50,000 shall be expended to Stone Soul Inc., so-called in Springfield to the implementation of the Stone Soul Annual Community Festival and cultural activities in Springfield”
Budget Amendment ID: FY2015-S4-163-R1
Redraft GOV 163
Registry of Deeds Technology Fund
Ms. Donoghue, Ms. Candaras, Messrs. Kennedy, McGee and Pacheco moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended by inserting after section 10 the following section:-
“SECTION 10A. Section 31 of chapter 9 of the General Laws, as appearing in the 2012
Official Edition, is hereby amended by striking out, in lines 9 and 11, in each instance, the figure
“2016” and inserting in place thereof the following figure:- 2020.”; and
by inserting after section 44 the following section:-
“SECTION 44A. Section 41 of chapter 36 of the General Laws, as so appearing, is hereby amended by striking out in lines 9 and 11, in each instance, the figure “2016” and inserting in place thereof the following figure:- 2020.”
Budget Amendment ID: FY2015-S4-164-R1
Redraft GOV 164
FINANCIAL LITERACY MENTORING PILOT PROGRAM
Mr. Barrett and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 0610-0010, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 0610-0010, by adding at the end thereof the following:- “provided further, that $60,000 be expended for Budget Buddies of Chelmsford to operate a pilot program that mentors and teaches financial literacy to women”; and in said item, by striking out the figure “$100,000” and inserting in place thereof the figure “$160,000”.
Budget Amendment ID: FY2015-S4-165
GOV 165
Confidentiality for Patient Dependents
Ms. Spilka and Mr. Lewis moved that the proposed new text be amended moved that the bill be amended to amend the bill by inserting, after section __, the following new section:-
"Chapter 176O of the General Laws is hereby amended by striking out section 27 and inserting in place thereof the following:-
Section 27. (a) The division shall develop a common summary of payments form to be used by all health care payers in the commonwealth that is provided to health care consumers with respect to provider claims submitted to a payer and written in an easily readable and understandable format showing the consumer’s responsibility, if any, for payment of any portion of a health care provider claim; provided that the division shall allow the development of forms to be exchanged through electronic means. The division shall consult with stakeholders to develop these forms.
(b) Carriers shall issue common summary of payments forms at the member level for all insureds. Carriers shall permit an insured to choose his or her preferred method of receiving the common summary of payments form, which shall include, but not be limited to, the following: (1) sending the form to the address of the subscriber; (2) sending the form to the address of the insured dependent; (3) sending the form to an alternate address upon request of the insured; or (4) sending the form through electronic means when available. The preferred method of receipt shall be valid until the insured submits a new preferred method.
(c) Unless specifically requested by the insured, a carrier shall not provide a common summary of payments form if the insured has no liability for payment for any procedure or service, including, but not limited to, the United States Preventive Services Taskforce recommended A and B preventive services.
(d) Carriers shall not specifically identify the diagnostic descriptions for sensitive health care services in a common summary of payment form. The division shall define by regulation sensitive health care services for purposes of this section. The division shall refer to the National Committee on Vital and Health Statistics and similar regulations in other states, and shall consult with experts in fields including, but not limited to, infectious disease, reproductive and sexual health, domestic violence and sexual assault, and mental health and substance use disorders, in promulgating the definition.
(e) Upon the request of an insured, the carrier shall not issue a common summary of payments form. The request may be made either orally or by written communication. Carriers shall not require an explanation as to the basis for an insured’s request.
(f) The availability of an insured to make a request that a summary of payment form not be issued pursuant to subsection (e) shall be communicated in plain language and in a clear and conspicuous manner to all insureds, including insured dependents, in evidence of coverage documents, member privacy communications and on every summary of payments form. The request shall be valid until the insured submits a revocation of the request.
(g) The division shall promulgate regulations necessary to implement this section."
Budget Amendment ID: FY2015-S4-166-R1
Redraft GOV 166
Government Efficiencies Commission
Messrs. Lewis and Joyce and Ms. Donoghue moved that the proposed new text be amended in section 2, moved that the bill be amended by inserting after section 86 the following section:-
SECTION 86A. (a) There shall be a special commission to study and make recommendations concerning functional overlaps and other redundancies among state agencies and opportunities to promote efficiency and accountability in state government. The commission shall consist of the following members or their designees: (i) the house and senate chairs of the joint committee on state administration and regulatory oversight, who shall serve as co-chairs; (ii) the chair of the house committee on post audit and oversight; (iii) the chair of the senate committee on post audit and oversight; (iv) the house minority leader; (v) the senate minority leader; (vi) the state auditor; (vii) the assistant secretary of commonwealth performance, accountability and transparency; (viii) the state treasurer; and (ix) 2 members that shall be appointed by the governor.
(b) The commission shall identify ways to eliminate overlaps and redundancies among state agencies and make other recommendations as the commission considers appropriate with the goal of reducing costs to the commonwealth and enhancing the quality and accessibility of state services to the public. The commission shall consider merging or consolidating state agencies and programs if a merger would reduce costs without adversely impacting the quality of services. The commission shall also seek to identify opportunities to maximize revenues, such as federal grants and matching funds.
(c) The commission may hold hearings and invite testimony from experts and the public. The commission shall review and identify best practices learned from similar efforts in other states, including the state of Connecticut’s Commission on Enhancing Agency Outcomes which submitted its final report on December 30, 2010.
(d) The agency head and staff of each state agency under consideration by the commission shall ensure that any data, information or materials that the commission requests for purposes of its review and deliberations are provided to the commission in a timely manner.
(e) Members of the commission shall be named and the commission shall begin its work within 60 days of the effective date of this act. The commission shall report to the general court the results of its investigation and study and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives on or before January 2, 2016. The clerks of the senate and house shall post the report on the website of the general court.
Budget Amendment ID: FY2015-S4-167
GOV 167
Registry of Deeds
Ms. O'Connor Ives and Ms. Candaras moved that the proposed new text be amended in section 2, in item 0540-0900, moved that the bill be amended in section 2, in item 0540-0900 by striking out the figure "$1,100,574" and inserting in place thereof the figure:- "$1,200,574"
Budget Amendment ID: FY2015-S4-168
GOV 168
CORI Checks for ACA Navigators
Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:-
“SECTION__. Subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following clause:-
(31) Navigator organizations certified by the commonwealth health insurance connector in accordance with section 1311(i) of Public Law 111-148, 42 U.S.C. 18031, may obtain from the department data permitted under section 172L.
SECTION__. Section 172A of said chapter 6, as so appearing, is hereby further amended by inserting after the word “entity ”, in line 7, the following words:-
, including any requests from navigator organizations certified by the commonwealth health insurance connector authority in accordance with section 1311(i) of Public Law 111-148, 42 U.S.C. 18031.
SECTION__. Said chapter 6 is hereby amended by inserting after section 172K the following section:-
Section 172L. Navigator organizations certified by the commonwealth health insurance connector in accordance with section 1311(i) of Public Law 111-148, 42 U.S.C. 18031 shall obtain from the department all available criminal offender record information prior to accepting any person as a new employee. Navigator organizations shall obtain from the department periodically, but not less frequently than every 3 years, all available criminal offender record information of current employees. Any organization obtaining information pursuant to this section shall not disseminate such information for any purpose other than the protection of persons utilizing a navigator organization’s services.
SECTION__. Navigator organizations certified by the commonwealth health insurance connector in accordance with section 1311(i) of Public Law 111-148, 42 U.S.C shall obtain from the department of criminal justice information services all available criminal offender record information, as that term is defined in section 167 of chapter 6 of the General Laws, of all current employees within 1 year of the effective date of this act. Any organization obtaining information pursuant to this section shall not disseminate such information for any purpose other than the protection of persons utilizing a navigator organization’s services.”
Budget Amendment ID: FY2015-S4-169
GOV 169
Essex North Shore Teacher Retirement
Ms. Lovely, Ms. O'Connor Ives, Messrs. McGee and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
"SECTION ___. Chapter 463 of the acts of 2004 as amended by Chapter 95 of the acts of 2014 is hereby amended by striking out the first sentence in section 13A and inserting in place thereof the following sentence:-
“Employees of the district shall become members of the city of Salem contributory retirement system, except any employee who is employed by the district as a teacher as defined in section 1 of chapter 32 of the General Laws shall be members of the Massachusetts teachers retirement system under chapter 32.”
Budget Amendment ID: FY2015-S4-170
GOV 170
AMENDMENT TO OUTSIDE SECTION 71, FARMER WINERY SAMPLES
Messrs. Barrett and Rodrigues, Ms. O'Connor Ives, Ms. Lovely, Messrs. Tarr and Wolf moved that the proposed new text be amended moved that the bill be amended in section 71 by striking out the words “A licensee” and inserting in place thereof the following words:- “Notwithstanding any law in this chapter to the contrary, a winegrower”; and in said section, by striking out the word “provide” and inserting in place thereof the following words:- “sell, or provide without charge,”; and in said section, by striking out after the words “wine tastings” the following words:- “, without charge,”
Budget Amendment ID: FY2015-S4-172
GOV 172
30B Changes
Mr. McGee moved that the proposed new text be amended moved that the bill be amended inserting, after section ___, the following new section:-
"SECTION XXX. Chapter 30B of the General Laws is hereby amended in section16(c), subsections (1) and (2) thereof by striking the words "twenty-five thousand" and inserting the words "thirty-five thousand"; and in sections 4(a), 4(d), 5(a), 6(a), 6A(a), and 7(a) by striking the figures "$25,000" and inserting the figures "$35,000".
Budget Amendment ID: FY2015-S4-173
GOV 173
Office of Campaign and Political Finance
Mr. McGee moved that the proposed new text be amended in section 2, in item 0920-0300, moved that the bill be amended in section 2, in item 0920-0300, by striking out the figure “$1,436,196” and inserting in place thereof the following figure:- “$1,486,196”.
Budget Amendment ID: FY2015-S4-174
GOV 174
Workers Compensation Fraud
Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended in section 2, in item 0810-0399, moved that the bill be amended in section 2, in item 0810-0399, by inserting after the words “compensation insurance” the following words:- “and those who may seek to defraud the system”
Budget Amendment ID: FY2015-S4-175
GOV 175
Gaming Payments to Plainville
Mr. Ross moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, by inserting after item 1000-0001 the following item:
“1050-0140 For payments to cities and towns in accordance with chapter 23K of the General Laws; provided, that the Massachusetts gaming commission shall reimburse the General Fund for payments made under this item; provided further, that notwithstanding Chapter 23K of the General Laws, as appearing in the 2012 Official Edition, or any other general or special law to the contrary, in calendar year 2014, the Town of Plainville shall be included in the payments to cities and towns from the Massachusetts Gaming Commission…………………$1,150,000
Budget Amendment ID: FY2015-S4-176
GOV 176
Community-Based Employment Transition
Ms. O'Connor Ives and Mr. Tarr moved that the proposed new text be amended in section 2, in item 1599-0200, moved that the bill be amended in section 2, in item 1599-0200, by striking the words "the closure of sheltered workshops and the transition" and inserting in place there of:- "the transition from sheltered workshops"
Budget Amendment ID: FY2015-S4-177
GOV 177
September 11, 2001 Freedom Monument and Memorial
Mr. Humason moved that the proposed new text be amended in section 2, in item 1410-1616, moved that the bill be amended in section 2, in item 1410-1616, by inserting after the words "in the town of Spencer;” the following:- “and provided further, that not less than $50,000 shall be expended on a September 11, 2001 Freedom 104th Air Wing F-15 Monument and Memorial; provided further, that not less than $100,000 shall be expended on war memorials selected by the secretary through a competitive grant process; and provided further, that the secretary shall submit a report to the house and senate committees on ways and means not later than March 3, 2015 detailing all grants awarded under this item and the method used to distribute grant funds”
Budget Amendment ID: FY2015-S4-178
GOV 178
Boston Marathon Statue
Mr. Rush moved that the proposed new text be amended in section 2, in item 1599-0026, moved that the bill be amended in section 2, in item 1599-0026, by adding at the end thereof the following: “provided further that not less than $500,000 shall be expended as a one-time grant to the Boston Art Commission for the sculpting and casting of a statue depicting Boston Marathon participants and volunteers, and provided further that the City of Boston shall designate an area suitable for the placement of said statue”
Budget Amendment ID: FY2015-S4-182
GOV 182
Grandparents Raising Grandchildren Commission
Ms. Jehlen, Mr. Keenan, Ms. Spilka, Messrs. Ross, Wolf and Hedlund moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, by inserting after item 0950-0080 the following item:-
0950-0090 For the commission on the status of grandparents raising grandchildren under section 69 of chapter 3 of the General Laws . . . . . . . $100,000
Budget Amendment ID: FY2015-S4-184
GOV 184
District Local Technical Assistance
Mr. Eldridge, Ms. Flanagan, Mr. DiDomenico, Ms. Spilka, Ms. Creem, Messrs. Wolf, Donnelly and Barrett, Ms. O'Connor Ives, Mr. Hedlund, Ms. Lovely, Messrs. Michael O. Moore, Lewis, Finegold, Joyce, Brownsberger, Kennedy and Downing, Ms. Donoghue and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 1599-0026, moved that the bill be amended in section 2, in item 1599-0026 by inserting after the figures “2010” the following:-
provided further, that not less than $2,800,000 shall be expended to fund the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund
and further amended by striking the figures “6,400,000” and inserting in place thereof the following figures:- “9,200,000”
Budget Amendment ID: FY2015-S4-185
GOV 185
Massachusetts Cultural Council
Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended in section 2, in item 0640-0300, moved that the bill be amended in section 2, in item 0640-0300, by striking the phrase “and provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit”
Budget Amendment ID: FY2015-S4-186-R2
2nd Redraft GOV 186
LGBTQ Commission
Ms. Candaras, Messrs. DiDomenico and Brownsberger, Ms. Chang-Diaz, Messrs. Donnelly, Lewis, Welch, Wolf and Eldridge, Ms. Forry and Ms. Creem moved that the proposed new text be amended in section 2, in item 0950-0050, moved that the bill be amended in section 2, in item 0950-0050, by striking out the figure “$200,000” and inserting in place thereof the following figure:- “$300,000”
Budget Amendment ID: FY2015-S4-189
GOV 189
Massachusetts Technology Transfer Center
Ms. Spilka moved that the proposed new text be amended moved that the bill be amended in section 115 by inserting at the end thereof the following words: " ; and (iii) transfer $200,000 to the Massachusetts Technology Transfer Center established in section 45 of chapter 75 of the General Laws."
Budget Amendment ID: FY2015-S4-190
GOV 190
Corporate Licensing for the Sale of Software
Mr. Richard T. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new section:-
SECTION XX. The state secretary, acting on behalf of the commonwealth, may sell, transfer or license the division of corporations software and related documents pertaining to its web based searching and filing applications, including the business entity and uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms and conditions as in his sole discretion reasonably compensates the commonwealth for its interests. The secretary may retain and expend (50%) of the revenues collected from such sales, licensure or user agreements for technical activities of the corporations division, the remainder of the proceeds (50%) to be deposited into the General Fund. The secretary may provide webhosting, and ongoing support and maintenance to other states, provinces or territories of Canada relative to their uniform commercial code and corporate applications. The department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the division.
Budget Amendment ID: FY2015-S4-191
GOV 191
Sunset Review
Mr. Richard T. Moore and Ms. Creem moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new section:-
SECTION XX. The General Laws are hereby amended by inserting after chapter 3 the following chapter:--
CHAPTER 3A.
THE SUNSET ACT.
Section 1. There is hereby established a procedure for the identification and elimination of waste, duplication and inefficiency in state government advisory committees and state boards established by statute, regulation or executive order to be known as the Sunset Act.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Agency”, an agency as defined in section 1 of chapter 29.
“Authority”, an authority as defined in section 1 of chapter 29.
“Advisory committee”, a board, commission, committee, council, or other entity established under state law whose primary function is to advise the legislature, a state agency or state authority.
“Commission”, the Sunset Advisory Commission established in section 3.
“State board”, a board, commission, committee, council, or other entity established under state law with a specific mission including, but not limited to, licensure or discipline of certain professionals, regulation or oversight of certain state or local authorities or industries, or activities that promote the health, safety and welfare of the citizens of the commonwealth. The entity may issue or review complaints and render decisions. The entity may report to cabinet-level units of government, known as executive offices or secretariats, or be independent divisions or departments.
Section 3. (a) There shall be a Sunset Advisory Commission consisting of 3 members of the senate, 1 of whom shall be selected by the president of the senate, 1 of whom shall be appointed by the minority leader of the senate, and 1 of whom shall be the chair of the senate committee on post audit and oversight, 3 members of house, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the minority leader of the house of representatives, and 1 of whom shall be the chair of the house committee on post audit and oversight committee, 1 member from the Pioneer Institute, 1 member from Common Cause, 1 member from the McCormack Institute for Public Affairs and 1 member from the Associated Industries of Massachusetts. The president of the senate and the speaker of the house may serve as legislative appointees.
(b) An individual shall not be eligible for appointment as a public member if the individual or the individual’s spouse is:
(1) appointed to or employed by an advisory committee or state board that the commission will review, or an agency or authority under which said advisory committee or state board is organized, during the term for which the individual would serve;
(2) employed by, participating in the management of, or having, directly or indirectly, more than a 10 percent interest in a business entity or other organization reviewed, regulated, or overseen by an advisory committee or state board the commission will review (3) required to register as an executive or legislative agent under section 41 of chapter 3.
(c) A public member of the commission shall be removed if the member does not have the qualifications required by subsection (b) for appointment to the commission at the time of appointment or does not maintain the qualifications while serving on the commission; provided, however that the validity of the commission’s action shall be unaffected if taken when a ground for removal of a public member from the commission exists.
(d) Legislative members shall serve 2-year terms, conterminous with their service as elected members of the legislature. If a legislative member ceases to be a member of the legislature, the legislator’s position shall be declared vacant, and the balance of the term filled by another legislator appointed in the same manner as the previous appointee. If the president of the senate or the speaker of the house serves on the commission, service continues until resignation from the commission or until the individual ceases to hold the office. Public members shall serve 2-year terms expiring January 1 of each odd-numbered year.
(e) Members other than the president of the senate and the speaker of the house are subject to the following restrictions:
(1)after a public member serves 6 consecutive years on the commission, the individual shall not be eligible for appointment to another term or part of a term until the expiration of 2 years;
(2) a legislative member who serves a full term may not be appointed to an immediately succeeding term; and
(3) a public member may not serve more than 3 consecutive 2-year terms; provided, however, that, for purposes of this prohibition, a member is considered to have served a term only if the member has served more than half of the term.
(f) The president of the senate and the speaker of the house shall make their appointments before February 1 of each odd-numbered year.
(g) If a legislative member ceases to be a member of the house from which the member was appointed, the seat held by that member shall be considered vacant.
(h) If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.
(i) The commission shall have a chair and a vice-chair as presiding officers. The chair and vice-chair positions must alternate every 2 years between the 2 membership groups appointed by the president of the senate and the speaker of the house. The chair and vice-chair shall not be from the same membership group. The president of the senate shall designate a presiding officer from the president’s appointed membership group and the speaker shall designate the other presiding officer from the speaker’s appointed membership group.
(j) Seven members of the commission shall constitute a quorum. A final action or recommendation may not be made unless approved by a recorded roll call vote of a majority of members appointed by the president of the senate and the speaker of the house. All other actions by the commission shall be decided by a majority of the members present and voting, so long as a quorum is present.
(k) Subject to appropriation, each public member of the commission shall be entitled to reimbursement for actual and necessary expenses incurred in performing commission duties.
Section 4. The commission shall adopt rules necessary to carry out this chapter.
Section 5. Before July 1 of the odd-numbered year before the year in which an advisory committee or state board subject to this chapter is abolished, the advisory committee or state board shall report to the commission:
(1) information regarding the application to the advisory committee or state board authority of the criteria set forth in section 9; and
(2) any other information that the advisory committee or state board considers appropriate or that the commission requests.
Section 6.
(a) Within 1 year of the appointment and qualification of the members of the commission, and the organization of the commission staff, the commission shall assign sunset dates for each advisory committee or state board of the commonwealth, in a six year review cycle, and shall notify the head of the agency, authority, executive office, division,
Department, or other such entity under which said advisory committee or state board is organized. The commission shall then file legislation with the general court to implement the abolition schedule.
(b) The six year review cycle shall be in accordance with the following: (1) those advisory committees or state boards relative to education, children and families, (2) those advisory committees or state boards relative to health and human services, (3) those advisory committees or state boards relative to public safety and corrections, (4) those advisory committees or state boards relative to transportation and infrastructure, (5) those advisory committees or state boards relative to environment, energy, and natural resources, (6) those advisory committees or state boards relative to administration and finance, housing, economic and workforce development, and all others.
(c) Before January 1 of the year in which an advisory committee or state board subject to this chapter is scheduled to be abolished, the commission shall:
(1) review and take action necessary to verify the reports submitted by the advisory committee or state board under this chapter;
(2) consult the house and senate committees on post audit and oversight, the state auditor, the inspector general and the state comptroller, or their successors, on the application to the advisory committee or state board of the criteria in section 9;
(3) conduct a review of the advisory committee or state board based on the criteria in section 9 and prepare a written report; and
(4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation.
(d) The first review cycle shall occur in the second full year after enactment of this chapter
(e) The written report prepared by the commission under clause (3) of subsection (b) shall be a public record.
Section 7.
(a) Before February 1 of the year in which an advisory committee or state board subject to this chapter and is to be abolished, the commission shall conduct public hearings concerning, but not limited to, the application to the advisory committee or state board of the criteria in section 9.
(b) The commission may hold the public hearings after the review of the advisory committee or state board is complete and available to the public.
Section 8.
(a) At least once during each regular legislative session, the commission shall present to the legislature and the governor a report on the advisory committees or state boards reviewed.
(b) In the report the commission shall include:
(1) its findings under section 9;
(2) its recommendations under this chapter; and
(3)other information the commission considers necessary for a complete review of the advisory committee or state board.
Section 9. The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of an advisory committee or state board or for the performance of the functions of the advisory committee or state board:
(a) the efficiency and effectiveness with which the advisory committee or state board operates;
(b)(1) an identification of the mission, goals, and objectives intended for the advisory committee or state board and of the problem or need that the advisory committee or state board was intended to address; and
(2) the extent to which the mission, goals and objectives have been achieved and the problem or need has been addressed;
(c)(1) an identification of any activities of the advisory committee or state board in addition to those granted by statute and need of the advisory committee or state board for those activities; and
(2) the extent to which those activities are needed;
(d) an assessment of authority of the advisory committee or state board relating to fees, inspections, enforcement and penalties;
(e) whether less restrictive or alternative methods of performing a function that the advisory committee or state board performs could adequately protect or provide service to the public;
(f) the extent to which the jurisdiction of the advisory committee or state board and the programs administered by the advisory committee or state board:
(1) overlap or duplicate those of other agencies, authorities, advisory committees, or state boards;
(2) coordinates with those agencies, authorities, advisory committees, or state boards, and
(3) can be consolidated with the programs of other agencies, authorities, advisory committees, or state boards;
(g) the promptness and effectiveness with which the advisory committee or state board addresses complaints concerning entities or other persons affected by the advisory committee or state board, including an assessment of the advisory committee’s or state board’s hearings process;
(h) an assessment of the advisory committee’s or state board’s rulemaking process and the extent to which the advisory committee or state board has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rules that benefit the public;
(i) the extent to which the advisory or state board committee has complied with:
(1)federal and state laws and applicable rules regarding equality of employment opportunity and the rights and privacy of individuals; and
(2) state law and applicable rules of any advisory committee or state board regarding purchasing guidelines and programs for historically underutilized businesses;
(j) the extent to which the advisory committee or state board issues and enforces rules relating to potential conflicts of interest of its appointees or employees, and chapter 268A;
(k) the extent to which the advisory committee or state board complies with chapters 66 and 66A and follows records management practices that enable the advisory committee or state board to respond efficiently to requests for public information;
(l) the effect of federal intervention or loss of federal funds if the advisory committee or state board is abolished;
(m) the extent to which the advisory committee or state board has issued bonds or otherwise incurred similar long-term obligations, the amount of outstanding bonded indebtedness for which the authority is responsible and the sustainability of another agency, authority, advisory committee or state board assuming responsibility for such long-term obligations;
(n) whether the advisory committee or state board is responsible for a retirement system for its appointees or employees, and the extent of the advisory committee’s or state board’s obligations and available funding under such retirement system and for other post-employment benefits for retired employees; and
(o) whether the advisory committee or state board utilizes an open and competitive bid process for third party contracts related to legal representation, bonds and fiscal management.
Section 10.
(a) In its report on an advisory committee or state board, the commission shall:
(1) make recommendations on the abolition, continuation or reorganization of each advisory committee or state board, and on the need for performance of the functions of the advisory committee or state board;
(2) make recommendations on the consolidation, transfer or reorganization of programs within agencies or authorities not under review when the programs duplicate functions performed in advisory committees or state boards under review;
(3) make recommendations to improve the operations of the advisory committee or state board, including management recommendations that do not require a change in the advisory committee’s or state board’s enabling statute; and
(4) make recommendations to improve the efficiency and transparency in third party contract awards related to legal representation, bonds and fiscal management, including, but not limited to, recommending utilization of an open and competitive bid process.
(b) The commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the advisory committee or state board, to be forwarded to the house and senate committees on ways and means and the executive office for administration and finance.
(c) The commission shall prepare drafts of legislation to carry out the commission’s recommendations under this section.
(d) After the legislature acts on the report, the commission shall present to the secretary of administration and finance, the commission’s recommendations that do not require a statutory change to be put into effect.
Section 11. In the 2-year period preceding the date scheduled for the abolition of a advisory committee or state board under this chapter, the commission may exempt certain advisory committees or state boards from the requirements of this chapter relating to staff reports, hearings, and reviews.
(a) The commission may only exempt an advisory committee or state board that has been inactive for a period of 2 years preceding the date the advisory committee or state board is scheduled for abolition or that has been rendered inactive by an action of the legislature.
(b) The commission’s action in exempting an advisory committee or state board under this section must be done by an affirmative record vote and must be decided by a majority of all members present and voting.
Section 12. During each legislative session, the staff of the commission shall monitor legislation affecting advisory committees or state boards that have undergone sunset review and shall periodically report to the members of the commission on proposed changes that would modify prior recommendations of the commission.
Section 13.
(a) During the annual session immediately before the abolition of an advisory committee or state board that is subject to this chapter, the legislature may continue the advisory committee or state board for a period not to exceed 12 years.
(b) This chapter shall not prohibit the legislature from:
(1) terminating an advisory committee or state board subject to this chapter at a date earlier than that provided in this chapter; or
(2) considering other legislation relative to an advisory committee or state board subject to this chapter.
Section 14.
(a) An advisory committee or state board that is abolished in an odd-numbered year may continue in existence until June 30 of the following year to conclude its business. Unless the law provides otherwise, abolition does not reduce or otherwise limit the powers and authority of the advisory committee or state board during the concluding year. An advisory committee or state board is terminated and shall cease all activities at the expiration of the 1-year period. Unless the law provides otherwise, all rules that have been adopted by the agency or authority expire at the expiration of the 1-year period.
(b) An un-obligated or unexpended appropriation of an abolished advisory committee or state board shall lapse on September 1 of the year after abolition.
(c) Except as provided by subsection (f) or as otherwise provided by law, all money in a dedicated fund of an abolished advisory committee or state board on September 1 of the year after abolition shall be transferred to the General Fund. The part of the law dedicating the money to a specific fund of an abolished agency becomes void on September 1 of the year after abolition.
(d) Unless otherwise provided otherwise, an abolished advisory committee or state board funded by the legislature may not spend or obligate any of the money appropriated beyond 1 year from the date of abolition.
(e) Unless the governor designates an appropriate advisory committee or state board as prescribed by subsection (f), property and records in the custody of an abolished advisory committee or state board on September 1 of the year after abolition shall be transferred to the state archives. If the governor designates an appropriate advisory committee or state board, the property and records shall be transferred to the designated advisory committee or state board.
(f) The legislature recognizes the state’s continuing obligation to pay bonded indebtedness and all other obligations, including lease, contract, and other written obligations, incurred by an advisory committee or state board abolished under this chapter, and this chapter shall not impair or impede the payment of bonded indebtedness and all other obligations, including lease, contract and other written obligations, in accordance with their terms. If an abolished advisory committee or state board has outstanding bonded indebtedness or other outstanding obligations, including lease, contract or other written obligations, the bonds and all other obligations, including lease, contract and other written obligations shall remain valid and enforceable in accordance with their terms and subject to all applicable terms and conditions of the laws and proceedings authorizing the bonds and all other obligations, including lease, contract and other written obligations. The governor shall designate an appropriate advisory committee or state board that shall continue to carry out all covenants contained in the bonds and in all other obligations, including lease, contract and other written obligations, to complete the construction of projects or the performance of other obligations, including lease, contract, and other written obligations. The designated advisory committee or state board shall provide payment from the sources of payment of the bond under the terms of the bonds and shall provide payment from the sources of payment of all other obligations, including lease, contract and other written obligations, under their terms, whether from taxes, revenues, or otherwise, until the bonds and interest on the bonds are paid in full and all other obligations, including lease, contract and other written obligations, are performed and paid in full. If the proceedings so provide, all funds established by laws or proceedings authorizing the bonds or authorizing other obligations, including lease, contract and other written obligations, shall remain with the comptroller or the previously designated trustees. If the proceedings do not provide that the funds remain with the comptroller or the previously designated trustees, the funds shall be transferred to the designated advisory committee or state board.
Section 15.
(a) The commission may issue a subpoena to compel the attendance of witnesses and the production of books, records, papers and other objects necessary or proper for the purposes of the commission proceedings. The subpoena may be served on a witness at any place in the commonwealth.
(b) If a majority of the commission directs the issuance of a subpoena, the chairman shall issue the subpoena in the name of the commission.
(c) If the chairman is absent, the chairman’s designee may issue a subpoena or other process in the same manner as the chairman.
(d) If necessary to obtain compliance with a subpoena or other process, the commission may issue attachments. The attachments may be addressed to and served by a constable, sheriff or deputy sheriff in the commonwealth.
(e) Testimony taken under subpoena must be reduced to writing and given under oath subject to the penalties of perjury.
(f) A witness who attends a commission proceeding under process shall be paid the same fees and mileage paid witnesses in courts of the commonwealth.
Section 16.
(a) The commission may request the assistance of agencies and authorities. When assistance is requested, an officer or agent of said agency or authority shall reasonably assist the commission.
(b) In carrying out its functions under this chapter, the commission or its designated staff member may inspect the records, documents and files of any agency or authority.
Section 17.
(a) A working paper, including all documentary or other information, prepared and maintained by the commission staff in performing its duties under this chapter or other law to conduct an evaluation and prepare a report is exempted from the public disclosure requirements of chapter 66.
(b) A record held by another entity that is considered to be confidential by law and that the commission receives in connection with the performance of the commission’s functions under this chapter or another law remains confidential and is exempted from the public disclosure requirements of chapter 66.
Section 18. If an employee is displaced because an advisory committee or state board is abolished, reorganized or continued, the head of the agency, authority, executive office, division, department, or other such entity under which said advisory committee or state board is organized and the personnel administrator of the commonwealth shall make a reasonable effort to relocate the displaced employee. Except as otherwise expressly provided, abolition of an advisory committee or state board shall not affect the rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the effective date of abolition.
Section 19.
(a) Each bill filed in the legislature that would create a new advisory committee or state board shall be reviewed by the commission.
(b) The commission shall review the bill to determine whether:
(1) the proposed functions of the advisory committee or state board could be administered by 1 or more existing agencies, authorities, advisory committees, or state boards;
(2) the form of regulation, if any, proposed by the bill is the least restrictive form of regulation that will adequately protect the public;
(3) the bill provides for adequate public input regarding any regulatory function proposed by the bill; and
(4) the bill provides for adequate protection against conflicts of interest within the advisory committee or state board.
(c) On request, the commission shall forward a written comment on the legislation to the author of the bill and to the presiding officer of the legislative committee to which the bill has been referred.
Section 20. (a) The commission may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other item of value made to the commonwealth or the commission for carrying out the purpose of this section and sections 1 to 19, inclusive.
Budget Amendment ID: FY2015-S4-192
GOV 192
Credit Card Audit
Messrs. Tarr, Hedlund, Ross, Humason and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION__. Chapter 11 of the General Laws as appearing in the 2012 Official Edition, is hereby amended by inserting after section 12 the following new section:-
Section 12A. The state auditor shall conduct an annual audit of credit cards issued on behalf of any state agency. The audit shall include, but not be limited to, the number of credit cards issued by each agency; an accounting of credit cards issued to agency employees, be they actively employed or formerly employed by the agency; and the aggregate monetary amount of credit card transactions per agency. The completed audit shall be filed with the clerks of the senate and the house of representatives no later than December 31.”.
Budget Amendment ID: FY2015-S4-193
GOV 193
Avoidable State Expenses
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended in section 2, in item 1100-1100, moved that the bill be amended in section 2, in item 1100-1100, by adding at the end therefor the following:
"provided further, that not later than nine months following the passage of this act, the secretary shall create a report detailing efforts to reduce avoidable expenses of state government and to find and implement efficiences that will reduce cost and improve services by the administration, provided that said report shall be filed with the clerks of the house and senate and the house and senate committee on ways and means"
Budget Amendment ID: FY2015-S4-194-R2
2nd Redraft GOV 194
Special Advisory Commission on the Uniformity of Compensation
Messrs. Rosenberg and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting after section 123 the following section:-
“SECTION 123A. There shall be a special advisory commission regarding the compensation of public officials identified in Article LXIV of the Articles of Amendment to the Constitution. The commission shall consist of 7 members: (i) 1 of whom shall have experience in human resources and represent an organization of employers in the commonwealth, to be appointed by the secretary of the commonwealth, (ii) 1 of whom shall represent a school of business administration located in the commonwealth, to be appointed by the state auditor, (iii) 2 of whom shall represent a membership-based public advocacy organization with experience in matters relating to government accountability, transparency and public integrity, 1 of whom shall represent a Massachusetts-based public policy research organization, and 1 of whom shall represent a tax payer advocacy organization in the commonwealth, all to be appointed by the governor and (iv) 1 of whom shall be the secretary of administration and finance of the commonwealth. One of the non-profit or private sector appointees shall be selected by the governor to serve as chair. The commission shall study compensation issues which shall include, but not be limited to: (1) a review of all forms of direct and indirect compensation of public officials identified in said Article LXIV, including base salaries, stipends, general expenses, per-diem allowances and any other form of compensation; (2) a state-by-state comparison of direct and indirect compensation of comparable public officials; (3) a comparison of direct and indirect compensation of the public officials with similar employment in the private sector in the commonwealth; and (4) an analysis of the methods of calculating median family income for the purpose of Article CXVIII of the Articles of Amendment to the Constitution. The commission shall submit a report, including drafts of any recommendations for legislation, on or before September 31, 2014. The comptroller shall provide the commission with all records of compensation requested by the commission.”.
Budget Amendment ID: FY2015-S4-195
GOV 195
Equity in the Workplace
Mr. Timilty moved that the proposed new text be amended moved that the bill be amended by inserting after section 132 the following new section:-
"Section X. Section 8 of chapter 150E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following sentence at the ended thereof:-
'Notwithstanding any general or special law to the contrary, grievance procedures provided for in collectively bargained contracts shall be adhered to unless otherwise agreed upon in writing by both parties.'"
Budget Amendment ID: FY2015-S4-198
GOV 198
Reduction of Cases Concerning Unattended Deaths
Mr. Keenan moved that the proposed new text be amended moved that the bill be amended by inserting, after section___, the following new section:-
SECTION ___. Section 2A of Chapter 3 of the Acts of 2013 is amended by inserting after the words “forthcoming quarter”, the following:-
“provided further, the Secretary at the request of the Chief Medical Examiner, may transfer funds allocated hereunder to the Office of Chief Medical Examiner to be used to employ the services of other state agencies or private labs to reduce backlog of autopsies of unattended deaths requiring toxicology tests.”
Budget Amendment ID: FY2015-S4-199
GOV 199
Office of Commonwealth Performance, Accountability and Transparency
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended in section 2, in item 1599-3553, moved that the bill be amended in section 2, in item 1599-3553, by striking item 1599-3553 in its entirety.