Budget Amendment ID: FY2016-S3-130-R1

Redraft GOV 130

Massachusetts Cultural Council

Messrs. Wolf, Lesser, Moore, Barrett, Eldridge, Rodrigues, Brownsberger, Lewis and Tarr, Mrs. L'Italien, Mr. Downing, Ms. Gobi, Messrs. Welch, Rush and Montigny, Ms. Lovely, Messrs. Kennedy and Joyce, Ms. Creem and Mr. Humason moved that the proposed new text be amended in section 2, in item 0640-0300, by striking out the figure "12,000,000" and inserting in place thereof the following figure:- "14,000,000".


Budget Amendment ID: FY2016-S3-132

GOV 132

Mother Brook Arts & Community Center

Mr. Rush moved that the proposed new text 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 “$8,530,000” and inserting in place thereof the figures “$8,730,000”


Budget Amendment ID: FY2016-S3-134

GOV 134

Massachusetts Service Alliance

Messrs. Wolf, Moore, Lesser, deMacedo, Brownsberger and Downing and Ms. Gobi moved that the proposed new text be amended in section 2, in item 7003-1206, by inserting after the words “state service corps grants” the following: “, the Commonwealth Corps program,” and in said item by striking out the figures “$900,000” and inserting in place thereof the figures “$1,400,000”.


Budget Amendment ID: FY2016-S3-135-R1

Redraft GOV 135

Library for the Commonwealth

Mr. Rush, Ms. Donoghue, Messrs. Lewis, Brownsberger and Eldridge and Ms. Forry moved that the proposed new text be amended in section 2, in item 7000-9401, by striking out the figure “39.4” and inserting in place thereof the figure:- “40.7”; and in said item, by striking out the figures “9,692,731” and inserting in place thereof the figures:- “$9,883,482”


Budget Amendment ID: FY2016-S3-136

GOV 136

MHC Online Public Records

Mr. Rodrigues and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0526-0100, by inserting at the end thereof the following: - “; provided, the commission shall maintain on its website an easily searchable and regularly updated list of all summary of the notices submitted as of January 1, 2015, including but not limited to, a record of each determination and any recommendations made by the commission pursuant to section 27C of chapter 9 of the general laws by the first of each month starting the effective date of this act.”


Budget Amendment ID: FY2016-S3-137

GOV 137

Massachusetts Center for the Book

Ms. Flanagan, Messrs. Eldridge, Brownsberger and Kennedy moved that the proposed new text be amended in section 2, by inserting after item 7000-9506 the following item:-

“7000-9508 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 continue its work as a public-private partnership……$200,000”


Budget Amendment ID: FY2016-S3-139-R1

Redraft GOV 139

Regional Public Libraries

Mr. Humason, Ms. Flanagan, Mr. Welch, Ms. Gobi, Messrs. deMacedo, Tarr, Ross and Fattman moved that the proposed new text be amended in section 2, in item 7000-9501, by inserting at the end thereof the following: “provided further that $29,000 shall be distributed equally between the public libraries located in the towns of Granville, Russell, Southwick, Tolland, and Montgomery” and in the same item by striking out the figure "9,000,000" and inserting in place thereof the following figure:- "$9,029,000”


Budget Amendment ID: FY2016-S3-140-R1

Redraft GOV 140

OCPF Additional Oversight Capabilities

Messrs. McGee and deMacedo moved that the proposed new text be amended in section 2, in item 0920-0300, by striking the figure "1,459,594" and inserting in place thereof the following figure "1,536,196"


Budget Amendment ID: FY2016-S3-141

GOV 141

Protecting Patients from Wrongful Debt Collection

Messrs. Keenan and Eldridge and Ms. Lovely moved that the proposed new text be amended by inserting the following new section:-

SECTION __. Section 14 of Chapter 176O of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking subsection (f) and inserting in place thereof the following subsection:-

(f) No health care provider nor any agent or employee thereof, shall provide information relative to unpaid charges for health care services to a consumer reporting agency, as defined by section 50 of chapter 93, while an internal or external review under this section is pending, or for 30 days following the resolution of such a grievance. No health care provider nor any agent or employee thereof, including a debt collector as defined by section 24 of chapter 93, shall initiate debt collection activities relative to unpaid charges for health care services while an internal or external review under this section is pending, or for 30 days following the resolution of such a grievance.


Budget Amendment ID: FY2016-S3-142

GOV 142

Massachusetts Service Alliance Amendment

Messrs. Fattman, deMacedo, Tarr and Ross moved that the proposed new text be amended in section 2, in item 7003-1206, by striking out the figure “$900,000” and inserting in place thereof the following:- “$1,350,000” and further by striking “provided, that not less than $50,000 shall be expended to CONNECT, a financial opportunity center in the city of Chelsea

 


Budget Amendment ID: FY2016-S3-143-R1

Redraft GOV 143

Outsourcing Facilities

Messrs. Rush, deMacedo and Montigny moved that the proposed new text be amended by inserting after section XX the following sections:-

“SECTION XX. Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “oral prescription” the following definition:-

“Outsourcing facility,” an entity at 1 geographic location or address that (i) is engaged in the compounding of sterile drug preparations, (ii) has registered with the federal Food and Drug Administration as an outsourcing facility pursuant to 21 U.S.C. § 353b and (iii) has registered with the board pursuant to M.G.L. c. 112, §36E.

SECTION XX. Section 6 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2, the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 7 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Said section 7 of said chapter 94C, as so appearing, is hereby further amended by inserting after the word druggist, in line 9, the following words:- and outsourcing facility.

SECTION XX. Section 12 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2 , the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Said section 12 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 8, the words “or a wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 13 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2, 17, 28, 33 and 47, the words “or wholesale druggist” and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 14 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2 and 10, the words “or wholesale druggist” and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.”; and

SECTION XX. Chapter 112 of the General Laws is hereby amended by inserting after section 36D the following section:-

Section 36E. (a) As used in this section and in sections 24 to 42D, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Outsourcing facility”, an entity at 1 geographic location or address that (i) is engaged in the compounding of sterile drug preparations and (ii) has registered with the federal Food and Drug Administration (“FDA”) as an outsourcing facility pursuant to 21 U.S.C. § 353b.

“Operate as an outsourcing facility”, compound and distribute a sterile drug preparation within or outside of the commonwealth: (i) in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions or (ii) in the absence of accountability documentation.

(b) The board may, upon application made in such manner and form as it shall determine, register an entity located within the commonwealth that intends to operate as an outsourcing facility. An applicant for registration as an outsourcing facility shall provide proof of the following: (i) valid, current registration with the federal Food and Drug Administration (“FDA”), pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act (“FDCA”) § 503B; (ii) inspection by the FDA in connection with the FDCA § 503B registration within the 2 years immediately preceding the application; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C. If the applicant has met requirements (i) and (iii), but has not been inspected by the FDA within the 2 years immediately preceding the application, the applicant may receive a provisional registration to compound, but may not distribute a sterile drug preparation within or outside of the commonwealth until it has been inspected pursuant to the requirements of this paragraph. The application for registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7. Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10.

(c) The board may, upon application made in such manner and form as it shall determine, register an entity located outside of the Commonwealth that intends to operate as a non-resident outsourcing facility. An applicant for registration as a non-resident outsourcing facility shall provide proof of the following: (i) valid, current registration with the FDA, pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B; (ii) inspection by the FDA in connection with the FDCA § 503B registration within the 2 years immediately preceding the application; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C. The application for registration as a non-resident outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7. Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10.

(d) Registrations issued pursuant to this section shall expire on December 31 of each odd numbered year following the date of its issue and may be renewed upon application made in such manner and form as the board shall determine. An applicant for renewal of a registration issued pursuant to this section shall provide satisfactory proof of valid, current registration with the FDA, pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B. The application for renewal of a registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7. Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10.

(e) Grounds for denial of a registration, revocation or suspension of a registration or non-renewal of a registration issued pursuant to this section shall include, but shall not be limited to: (i) failure to maintain current, valid registration with the FDA, pursuant to 21 U.S.C. § 353b; (ii) an inspection by the FDA that results in a Warning Letter which prohibits commercial distribution by the registered facility of sterile drug preparations within or outside of the commonwealth; (iii) material misrepresentation, omission or falsification of any information furnished to the board; (iv) failure to comply with reporting requirements established by the board with respect to registration with, or inspections by, the FDA; (v) failure to adhere to the most current standards established under cGMP; (vi) the applicant’s or registrant’s lack of suitability; or (vii) failure to maintain a current, valid Massachusetts Controlled Substances Registration. This provision shall not limit the board’s authority pursuant to M.G.L. ch. 112, §§ 42A and 61.

SECTION XX. Subsection (a) of section 39D of said chapter 112, as appearing in section 18 of chapter 159 of the acts of 2014, is hereby amended by striking out the word “sections 39F” and inserting in place thereof the following word:- sections 36E

SECTION XX. Section 39F of said chapter 112, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) An entity that intends to compound and distribute a sterile drug preparation or a complex non-sterile drug within or outside of the commonwealth: (i) in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions; or (ii) in the absence of accountability documentation shall adhere to the most current standards established under cGMP when engaging in any form of compounding. Such entities shall either: register as a producer of drugs with the federal Food and Drug Administration pursuant to 21 U.S.C. § 360, federal Food Drug and Cosmetic Act § 510; or register as an outsourcing facility with both the federal Food and Drug Administration pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B, and the board pursuant to section 36E before engaging in any sterile compounding or complex non-sterile compounding.

SECTION XX. Section 39J of said chapter 112, as so appearing, is hereby amended by striking out subsection (d), each time it appears, and inserting in place thereof the following 2 subsections:-

(d) No pharmacy, pharmacist or outsourcing facility operating outside of the commonwealth shall be authorized to prescribe, ship, mail, sell, transfer or dispense sterile drug preparations or complex non-sterile drug preparations in the commonwealth unless the sterile drug preparations or complex non-sterile drug preparations are compounded in a pharmacy or outsourcing facility that has been granted a non-resident sterile compounding license, non-resident complex non-sterile compounding license or non-resident outsourcing facility registration pursuant to this chapter.

(e) Non-resident pharmacies holding a non-resident pharmacy license under this section shall be subject to the requirements of section 24A of chapter 94C; provided, however, that non-resident pharmacies shall not be eligible for a waiver under said section 24A. An application for licensure under this section shall not be approved unless the applicant has demonstrated the ability to comply with said section 24A. The board may revoke a non-resident pharmacy license for failure to comply with said section 24A.

SECTION XX. The first paragraph of section 42A of said chapter 112, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3, the words “ and pharmacy” and inserting in place thereof the following words: - , pharmacies, outsourcing facilities,.

SECTION XX. The second paragraph of section 42A of said chapter 112, as so appearing, is hereby amended by striking out, in line 18, the words “or engage in the retail drug business” and inserting in place thereof the following words:- , engage in the retail drug business or operate an outsourcing facility.

SECTION XX. The fourth paragraph of said section 42A of said chapter 112, as appearing in section 21 of chapter 159 of the acts of 2014, is hereby amended by inserting after the words “renew a pharmacy license” the following words:- or outsourcing facility registration.

SECTION XX. The fifth paragraph of said section 42A of said chapter 112, as so appearing, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i) issue a cease and desist notice or quarantine notice requiring the cessation or restriction of any and all pharmacy operations or outsourcing facility operations and prohibiting the use of medications prepared by or in possession of a pharmacy or outsourcing facility.”


Budget Amendment ID: FY2016-S3-145

GOV 145

Massachusetts Economic and Financial Advisory Council

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

“SECTION __.  Chapter 29 of the General Laws is hereby amended by inserting after Section 71 following section:-

SECTION 72.  Massachusetts Economic and Financial Advisory Council

(a) There shall be within the executive office for administration and finance, but not subject to its supervision or control, the Massachusetts Economic and Financial Advisory Council, hereinafter referred to as MEFAC. MEFAC shall consist of the following members: the secretary of administration and finance or his designee, who shall chair the committee; the treasurer or his designee; 1 individual appointed by the governor who shall be a representative of the public sector of the economy; 1 individual appointed by the governor who shall be a representative of the private sector of the economy; 1 individual appointed by the treasurer; 1 individual appointed by the state comptroller; 1 individual appointed by the senate president; and 1 individual appointed by the speaker of the house of representatives.  Each appointed member shall serve terms established by the appointing authority, but not longer than 4 years.   Each appointed individual may serve a second or subsequent term, and each appointed individual may continue to serve after the individual's term expires if desired by the appointing authority.

(b) The council’s mission will be to advise the administration and legislature regarding the commonwealth’s operating and capital budgets, based on non-partisan and objective revenue and expenditure estimates and projections.

(c)   The council shall:

(1) Meet on a regular basis as determined by the chairperson;

(2) Serve in a general advisory capacity to the governor and the general court;

(3) Advise the governor and the general court of the overall financial condition of the Commonwealth of Massachusetts;

(4) Advise the governor and the general court of current and projected economic conditions and trends, particularly as they affect the commonwealth of Massachusetts;

(5) Submit to the governor, and the general court, not later than the 25th day of September, December, March, April and May, and the 20th day of June, estimates as follows:

(i) General Fund and Transportation Trust Fund revenue by major categories for the current fiscal year;

(ii)  General Fund and Transportation Trust Fund revenue by major categories for the succeeding two fiscal years;

(iii) General Fund and Transportation Trust Fund expenditures for the current fiscal year;

(iv) General Fund and Transportation Trust Fund expenditures for the succeeding two fiscal years.

(6) Submit to the Governor and the General Court, not later than the 1st day of October, estimates as follows:

(i) General Fund and Transportation Trust Fund revenue by major categories for the current fiscal year and the succeeding four fiscal years;

(ii) General Fund and Transportation Trust Fund expenditures by major categories for the current fiscal year and the succeeding four fiscal years;

(7) Advise the governor and the general court on the tax policy of the Commonwealth;

(8) Perform the responsibilities imposed upon it by the Massachusetts General Laws with respect to statutory limits on the commonwealth of Massachusetts’ indebtedness, and otherwise advise the governor and the general court on the issuance of debt by the commonwealth; and

(9) Undertake an education process for itself and for the public at large concerning the financial condition of the commonwealth of Massachusetts and the issues involved therein.

(d)  The MEFAC estimates required by subparagraph 3(e) of this act shall constituent the governor’s revenue estimates in compliance with Section 5B of Chapter 29 of the Massachusetts General Laws, provided all information required by said Section 5B of Chapter 29 of the Massachusetts General Laws are included therein.

(e) All state agencies shall cooperate in providing data and assistance to MEFAC, including, but not limited to, statistics, reports, projections and testimony, as requested by the chairperson of MEFAC.

(f) The executive office of administration and finance and such other state agencies as deemed appropriate and approved by the secretary of administration and finance, shall provide such staff and financial support to the activities of MEFAC.


Budget Amendment ID: FY2016-S3-147

GOV 147

Basic Life Insurance for State Retirees & Employees

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

Section 29A:  Chapter 32A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended as follows:

(a) Section 5 of said chapter 32A, as so appearing in the 2012 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.

(b) 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.

(c) 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.

Section 29B:  The provisions in section 29A of this act shall apply to any policy or policies in effect on or after July 1, 2016.


Budget Amendment ID: FY2016-S3-148-R2

2nd Redraft GOV 148

Plymouth Emergency Response and Readiness

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 1599-0026, by adding the following:—; "provided, further, that no less than $125,000 be expended to the town of Plymouth for revising and updating its Radiological Response and Recovery Plan;" and in said section 2, in said line item 1599-0026, by striking out the figure "$8,530,000" and inserting in place there of "$8,655,000".


Budget Amendment ID: FY2016-S3-149-R1

Redraft GOV 149

MCAD discrimination prevention program retained revenue and fees

Mr. deMacedo, Ms. Chang-Diaz, Messrs. Hedlund, Brownsberger and Lesser, Ms. Forry, Messrs. Welch, Tarr, Ross, Fattman, Moore and Montigny moved that the proposed new text be amended in section 2, in item 0940-0102 by striking out the figure "140,000" and inserting in place thereof the following figure:- "240,000".


Budget Amendment ID: FY2016-S3-150

GOV 150

MCAD Federal Reimbursement Retained Revenue

Messrs. deMacedo, Hedlund, McGee, Brownsberger, Lesser and Welch, Ms. Chang-Diaz, Messrs. Tarr, Ross, Fattman, Moore and Humason moved that the proposed new text be amended in section 2, by striking out item 0940-0101, and inserting in place thereof the following item:- "0940-0101 The Massachusetts commission against discrimination may expend not more than $2,468,911 from federal reimbursements received in fiscal year 2016 and prior fiscal years for the purposes of the United States Department of Housing and Urban Development fair housing programs and the equal opportunity resolution contract program; provided, that notwithstanding any general or special law to the contrary, for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system.......$2,468,911.”.


Budget Amendment ID: FY2016-S3-151

GOV 151

Behavioral Health Pilot Programs

Messrs. Welch and Joyce moved that the proposed new text be amended in section 2, by inserting, after item 1599-7770, the following item:-

"xxxx-xxxx

For a reserve to be administered by the health policy commission in consultation with the department of public health; provided, that not less than $500,000 shall be expended to develop a pilot program to implement a fully integrated model of post-natal supports for families with substance exposed newborns, integrating obstetrics and gynecology, pediatrics, behavioral health, social work, and social service providers to provide full family care; provided further, that the commission shall implement the program to provide care for substance exposed newborns and their families at up to three regional sites in the commonwealth to be selected by the commission through a competitive process in which applicants demonstrate community need and the capacity to implement the integrated model; provided further, that in developing the program, the commission shall consider evidence-based practices from successful programs implemented locally, nationally, or internationally and shall consult with the department of public health and the department of children and families; provided further, that not less than $100,000 shall be expended to develop a training and technical assistance program to improve and expand the capacity and ability of primary care providers, including but not limited to providers seeking certification as patient centered medical homes, to prescribe Narcan to prevent deaths by opioid overdose in every county of the commonwealth; provided further, that the program shall include training of primary care providers in prescribing Narcan and educating family members of individuals struggling with opioid misuse or addiction about Narcan and its use; provided further, that providers who participate in said training may receive a supply of Narcan for use in their practices; provided further, that the commission shall report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than 12 months following completion of the pilot program and the training and technical assistance program on the results of the programs, including their effectiveness, efficiency, and sustainability; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through June 30, 2017..........................................$600,000"


Budget Amendment ID: FY2016-S3-152

GOV 152

Telemedicine Pilot Program

Messrs. Welch, Tarr and Lewis moved that the proposed new text be amended by inserting, after section 110, the following new section:-

"SECTION XX. Chapter 6D of the General Laws is hereby amended by inserting after Section 18 the following new section:-

Section 19. (a) The health policy commission shall implement a one-year regional pilot program to further the development and utilization of telemedicine in the commonwealth.  The program shall (i) take into consideration the previously established regions used in prior health policy commission analyses; (ii) incentivize the use of community-based providers and the delivery of patient care in a community setting; and (iii) facilitate collaboration between participating community providers and teaching hospitals.  The commission shall consider existing federal and state regulations in the development of the program.  The commission may direct no more than $500,000 from the distressed hospital trust fund, established in section 2GGGG of chapter 29 of the General Laws, to fund the implementation of the pilot program.

(b) At the conclusion of the pilot program, the commission shall evaluate the success of the program, including but not limited to: (i) cost savings; (ii) patient satisfaction; (iii) patient flow; and (iv) quality of care.  The commission shall make appropriate policy recommendations to the legislature based on their findings."


Budget Amendment ID: FY2016-S3-153

GOV 153

GIC Retired Teacher Municipal Billing

Mr. Welch moved that the proposed new text be amended in section 2, in item 1108-5400, by adding, after the words "such premiums" the following:- "; provided, that the commission may bill municipalities for these premiums on a regular basis, rather than through the assessment process set forth in section 12 of chapter 32A of the General Laws."


Budget Amendment ID: FY2016-S3-154

GOV 154

Credit Card Audit

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended by inserting, after section__, the following new section:-

SECTION__. Chapter 11 of the General Laws as appearing in the 2014 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, 2016.


Budget Amendment ID: FY2016-S3-155

GOV 155

Plymouth Street Crime Unit

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 1599-0026, by adding the following:-“; provided further, that not less than $100,000 shall be expended to the police department of the town of Plymouth for the creation of a street crime unit with the mission of disrupting and dismantling street level drug trade;”


Budget Amendment ID: FY2016-S3-156-R2

2nd Redraft GOV 156

GIC Out-of-Pocket Relief

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

“SECTION XX: Section 6 of chapter 32A is hereby further amended by inserting at the end thereof the following new paragraph:-

The commission shall establish a health reimbursement arrangement for retired state employees whose pension benefit is less than the average pension benefit for members of the state retirement system, as reported in the most recent state retirement system actuarial valuation report by the public employee retirement administration commission. The commonwealth shall deposit its share of the federal subsidies, that it receives from the retiree drug subsidy program under the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (P.L. 108-173), into the health reimbursement arrangement established by the commission.  The commission may expend amounts in the health reimbursement arrangement to reimburse a retired state employee, whose pension benefit is less than the amount set forth above, for deductibles and copayments they have paid in a fiscal year for covered services that exceed maximum amounts determined by the commission; provided, however, that the health reimbursement arrangement shall not reimburse for deductibles and copayments that exceed the maximum amounts of deductibles and copayments for covered services in the active plans being provided by the commission. The commission may expend amounts in the health reimbursement arrangement for the costs of administering the arrangement.”


Budget Amendment ID: FY2016-S3-157

GOV 157

Retirement Board Contracts

Messrs. Timilty and Keenan moved that the proposed new text be amended by inserting the following new section:

“SECTION XX: Chapter 32, section 23b of the General Laws, as appearing in the 2012 official edition, is hereby amended in line 233 of section (k), subsection (6), paragraph (i), by striking out the figure “5” and inserting in place thereof the figure “10”."

 


Budget Amendment ID: FY2016-S3-158

GOV 158

PRIM Board Membership

Messrs. Timilty and Keenan, Ms. Lovely and Mr. Kennedy moved that the proposed new text be amended by inserting the following new section:-

“SECTION XX: Subsection (2A) of section 23 of chapter 32 of the General Laws, is hereby amended by striking paragraph (a) and inserting in place thereof the following new paragraph:

(a) There shall be an unpaid pension reserves investment management board which shall have general supervision of the investment and reinvestment of the PRIT Fund established under the provisions of subdivision (8) of section twenty-two.

Such board shall consist of eleven members as follows: the governor, ex officio, or his designee, the state treasurer, ex officio, or his designee, who shall serve as chairman of the board, a private citizen experienced in the field of investment or financial management appointed by the state treasurer, an employee or retiree who is a member of the state teachers retirement system who shall be elected by the members in or retired from such a system for a term of three years in such a manner as the board shall determine, an employee or retiree who is a member of the state employees’ retirement system who shall be elected by the members in or retired from such system for a term of three years in such a manner as the board shall determine, the elected member of the state retirement board, one of the elected members of the teachers’ retirement board, who shall be chosen by the members of the teachers’ retirement board, a person who is not an employee or official of the commonwealth who shall be appointed by the governor, a person who is not an employee or official of the commonwealth who shall be appointed by the treasurer, a representative of a public safety union who shall be appointed by the governor, and the president of the Massachusetts Association of Contributory Retirement Systems or his designee. The appointed members shall serve for four years. Any vacancy among the appointed members that may occur before the expiration of a term shall be filled by an appointment by the treasurer, or the governor, whoever had the right of making the initial appointment. Any appointed member of the board, including members appointed to fill a vacancy shall be eligible for reappointment. Any appointed member may be removed from his appointment for cause by the treasurer or the governor, whoever had the right of making the original appointment.”


Budget Amendment ID: FY2016-S3-159

GOV 159

Restoring the civil service classification hearing

Mr. McGee moved that the proposed new text be amended by striking section 28 in its entirety.


Budget Amendment ID: FY2016-S3-160

GOV 160

Uniform Law Commission

Ms. Creem moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 1599-1977 the following item:-

"1599-2003 For the purpose of funding the Uniform Law Commission; provided, that prior fiscal year payments may be payable from this appropriation .......................................... $70,000"


Budget Amendment ID: FY2016-S3-161

GOV 161

ITD Prior Appropriation Continuation

Messrs. deMacedo and Tarr moved that the proposed new text be amended in section 2, in item 1790-0300, by inserting after the word “system” the following words:-; "and provided further, that any unspent balance at the close of fiscal year 2016 shall remain in the account and may be expended for the item in fiscal year 2017.".


Budget Amendment ID: FY2016-S3-163

GOV 163

Office of the State Auditor

Messrs. Eldridge, Montigny and Lewis, Ms. O'Connor Ives and Ms. Chang-Diaz moved that the proposed new text be amended by inserting after section XX, the following new section:-

“SECTION XX.  Section 21 of chapter 62C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting in subsection (b), after paragraph (27), the following new paragraph:-

(28)  notwithstanding any special or general law to the contrary, including without limitation section 12 of chapter 11 and section 20 of chapter 62C, the state auditor’s access to tax returns and related documents, but excluding information provided to the commonwealth by other federal and state tax agencies where such access is precluded by law or agreement, necessary for the audit of tax expenditures, as defined by section 1 of chapter 29 of the General Laws, provided that the identity of any specific taxpayer, any audit workpapers associated with any specific taxpayer, and any tax return or document filed by a specific taxpayer, except as provided under section 89 of chapter 62C, shall be deemed to be confidential information and not a public record, shall not be included in any published audit report, and shall be maintained as confidential information in accordance with government auditing standards as established by the Comptroller General of the United States, and provided further that any such audit shall be conducted for the sole purposes of evaluating the performance of particular tax expenditures and the oversight of tax expenditures by agencies responsible for such oversight, and not for the purpose of auditing any specific taxpayer.


Budget Amendment ID: FY2016-S3-164

GOV 164

MassDOT Internal Special Audit Unit

Ms. Lovely moved that the proposed new text be amended in section 2, in item 0910-0300, by striking out the figure "$350,000" and inserting in place thereof the following figure:- "$400,000".


Budget Amendment ID: FY2016-S3-165

GOV 165

Hampden County Registry of Deeds

Mr. Welch, Ms. Gobi, Messrs. Lesser and Humason moved that the proposed new text be amended in section 2, in item 0540-1200, by striking the figure "$1,752,598" and inserting in place thereof the following figure:- "$1,767,667".


Budget Amendment ID: FY2016-S3-167

GOV 167

Public Health Benefits Expenditure Report

Mr. Keenan moved that the proposed new text be amended by inserting the following two new sections:-

 

SECTION __. Chapter 12C of the General Laws is hereby amended by inserting the following new section:-

Section 23. The Center shall annually prepare a public health program beneficiary employer report. For the purposes of this section, a "public health program beneficiary" shall mean a person who receives medical assistance or medical benefits, or who receives assistance through the health safety net trust fund, under chapter 118E of the General Laws.

The report shall provide the following information for each employer of 50 or more public health program beneficiaries: (1) The name and address of the employer; (2) the number of public health program beneficiaries who are employees of the employer; (3) the number of public health program beneficiaries who are spouses or dependents of employees of the employer; (4) whether the employer offers health benefits to its employees; and (5) the cost to the Commonwealth of providing public health program benefits for their employees and enrolled dependents. The report shall not include the names of any individual public health access program beneficiaries and shall be subject to privacy standards pursuant to Public Law 104-191, and the Health Insurance Portability and Accountability Act of 1996.

The report shall be submitted annually on February 1 to the clerks of the house and the senate, to the joint committee on health care financing, and to the house and senate committees on ways and means.

SECTION __. Section 3 of Chapter 62E of the General Laws is hereby amended by striking “and” immediately preceding “(3) for purposes of administering the tax laws and the child support enforcement program of the commonwealth” and inserting after “(3) for purposes of administering the tax laws and the child support enforcement program of the commonwealth” the following new subparagraph:-

(4) for the purpose of assisting the center for health information and analysis in preparing a public health program beneficiary employer report.


Budget Amendment ID: FY2016-S3-168

GOV 168

George Fingold State Library

Mr. Eldridge moved that the proposed new text be amended in section 2, in item 1120-4005, by striking the figures "861,925" and inserting in place thereof the following figures:- "882,583”


Budget Amendment ID: FY2016-S3-169-R1

Redraft GOV 169

Date Change Religious Holidays

Mr. Kennedy moved that the proposed new text be amended by inserting after section 31 the following 2 sections: - 

“SECTION 31A.  Section 28 of chapter 53 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- When a religious holiday falls on or immediately before the second Tuesday in September in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the second Tuesday in September.  The state secretary shall publish the date change of the state primary not later than February 1 of that year by: providing notice of the change to the state parties; filing notice with the state publications and regulations division; posting the information on the website of the state secretary; and any other means necessary to ensure proper notification.

SECTION 31B.  Section 103P of chapter 54 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any provision of this section to the contrary, if the day fixed by a city or town for holding a preliminary or primary election falls on a religious holiday and impairs the rights of voters as determined by the state secretary, the city or town shall change the date of the election so as to protect the rights of voters.”.


Budget Amendment ID: FY2016-S3-170

GOV 170

Living Independently for Equality

Mr. Kennedy moved that the proposed new text be amended in section 2, by inserting after item 4120-4000 the following item:

“xxxx-xxxx For Living Independently for Equality, Inc. of Brockton ……………..$30,000”


Budget Amendment ID: FY2016-S3-172

GOV 172

Office of the Child Advocate

Messrs. Eldridge, Lewis and Keenan and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, by striking out item 0411-1005 in its entirety and inserting, after item 0920-0300, the following new item:- “0930-0100 For the operation of the office of the child advocate; provided, that the office shall be subject to review and reporting requirements described in section 219 of chapter 165 of the acts of 2014, prior appropriation continued….$500,000.”


Budget Amendment ID: FY2016-S3-173

GOV 173

Fernald Pool

Messrs. Barrett and Brownsberger moved that the proposed new text be amended by inserting, after section XX, the following new section:-

"SECTION XX. The division of capital asset management and maintenance shall carry out a study of the Greene Pool at the Fernald Center in the city of Waltham.  The study shall determine the financial, management, legal, and other measures necessary to ensure the long-term viability of the Greene Pool as a therapeutic pool for persons with disabilities.  In carrying out the study, the division shall coordinate with and seek input from the department of developmental services, the city of Waltham, and organizations and individuals currently utilizing the Greene Pool.  The division shall complete the study and issue a report containing its findings and recommendations by no later than December 31, 2015.  While the study is being carried out and through June 30, 2016, the division and the department of developmental services shall maintain the current level of service and hours of operation at the Greene Pool.”


Budget Amendment ID: FY2016-S3-174

GOV 174

Financial Literacy Mentoring Program

Messrs. Barrett and Eldridge and Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 0610-0010, by adding at the end thereof the following:- “provided, that $60,000 shall be expended for Budget Buddies, Inc. in the town of Chelmsford to operate a program that mentors and teaches financial literacy to low-income women”; and in said item, by striking out the figure “$350,000” and inserting in place thereof the figure “$410,000”.


Budget Amendment ID: FY2016-S3-175

GOV 175

Transparency in Government

Messrs. Ross, deMacedo, Tarr, Fattman and Humason moved that the proposed new text be amended by inserting the following new sections:-

“Section 1. Section 14C of chapter 7, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following section:-

(i) The secretary shall list the salaries of all experts, technical consultants and other assistants in executive offices, as defined in section 7 of chapter 6a, in the category “Employee Payroll”. The salary shall be listed under the expert, technical consultant or other assistant’s name, and not under the vendor’s name.

Section 2. Section 7 of chapter 6A, as so appearing, is hereby amended by inserting at the end thereof the following section:-

The salaries of experts, technical consultants and other assistants shall not be paid out of the executive office’s operating budget. All expenses must be funded by a separate line-item, as defined in section 1 of chapter 29.”


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1938

Text of amendment (176) (offered by Senator Eldridge) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

Messrs. Eldridge, Montigny and Lewis, Ms. O'Connor Ives and Mr. Ross move to amend the bill by inserting after section___, the following new section:-

“SECTION ___. The General Laws are hereby amended after Chapter 30B by inserting the following chapter:-

Chapter 30C. Economic Development, Transparency and Fiscal Accountability

Section 1. As used in Chapter 30C, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Corporate parent" means any person, association, corporation, joint venture, partnership, or other entity, that owns or controls 50 percent or more of a recipient corporation.

"Date of subsidy” means the date that a granting body provides the initial monetary value of a development subsidy to a recipient corporation provided, however, that where the subsidy is for the installation of new equipment, such date shall be the date the corporation puts the equipment into service and provided, further, that where the subsidy is for improvements to property, such date shall be the date the improvements are finished, or the date the corporation occupies the property, whichever is earlier.

"Development subsidy” means any expenditure of public funds with a value of at least $25,000.00 for the purpose of stimulating economic development within the Commonwealth, including but not limited to bonds, grants, loans, loan guarantees, enterprise zones, empowerment zones, tax increment financing, grants, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits.

“Discretionary tax credit program” means: (i) the historic rehabilitation tax credit in section 38R of sad chapter 63 and section 6J of said chapter 62; (ii) the life sciences investment tax credit in section 38U of said chapter 63 and subsection (m) of said section 6 of said chapter 62; (iii) the low-income housing tax credit in section 31H of said chapter 63 and section 6I of said chapter 62; (iv) the refundable research credit in subsection (J) of section 38M of said chapter 63; (v) the economic development incentive program in subsection (g) of said section 6 of said chapter 62 and section 38N of said chapter 63; (vi) certified housing development credits of subsection (q) of Section 6 of said Chapter 62; (vii) donated land (conservation) credits of subsection (p) of Section 6 of said Chapter 62; (viii) community investment tax credit of section 6M of said chapter 62 and section 38EE of said chapter 63; and (ix) any discretionarily awarded tax credits under chapter 62 and 63 established after January 1, 2013.

“Full-time job” means a job in which an individual is employed by a recipient corporation for at least 35 hours per week.

"Granting body" means any agency, board, office, public benefit corporation or authority of the Commonwealth or a local government unit that provides a development subsidy.

“Local government unit” means an agency, board, commission, office, public benefit corporation, or public authority of a political subdivision of the Commonwealth.

“New Employee” means a full-time employee who represents a net increase in the number of individuals employed by the recipient corporation in the Commonwealth. “New employee” does not include an employee who performs a job that was previously performed by another employee of the recipient corporation if that job existed for at least 6 months before hiring the employee.

“Part-time job” means a job in which an individual is employed by a recipient corporation for less than 35 hours per week.

“Permanent Job” means a job that is not scheduled to terminate at the completion of a discrete project.

"Project site" means the site of a project for which any development subsidy is provided.

"Property-taxing entity" means any entity that levies taxes upon real or personal property.

“Recipient corporation” means any person, association, corporation, joint venture, partnership or other entity that receives a development subsidy.

“Searchable Website” means the website defined in Section 14C (a) of Chapter 7 of the Massachusetts General Laws and administered by the Secretary of Administration and Finance that allows the public at no cost to search for, obtain and aggregate state spending and revenue information.

"Small business" means a corporation whose corporate parent, and all subsidiaries thereof, that employed fewer than twenty full-time employees or had total gross receipts of less than one million dollars during the calendar year.

“State” means an agency, board, commission, office, public benefit corporation or public benefit authority of the Commonwealth.

"Subsidy value” means the face value of any and all development subsidies provided to a recipient corporation.

“Temporary job” means a job in which an individual is hired for a season or for a limited period of time.

Section 2. Application for Economic Development Subsidies

(a) Notwithstanding any general or special laws to the contrary, an applicant for an economic development subsidy, shall complete an application for the subsidy on a form prepared by the Executive Office of Housing and Economic Development. The information required on the application shall include but not be limited to the following:

(i) An application tracking number for the granting agency and the project;

(ii) The name, street and mailing address, and phone number of the chief officer of the granting body;

(iii) The name, street and mailing address, and phone number of the chief officer of the applicant’s corporate parent;

(iv) The name, street and mailing address, and phone number of the chief officer of the applicant;

(v) The street address of the project site;

(vi) The three-digit North American Industry Classification System number of the project site;

(vii) The total number of individuals employed by the applicant at the project site on the date of the application, broken down by full-time, part-time, and temporary positions;

(viii) The total number of individuals employed in the Commonwealth by the applicant’s corporate parent, and all subsidiaries thereof, as of December 31 of the prior fiscal year, broken down by full-time, part-time and temporary positions;

(ix) The development subsidy or subsidies being applied for with the granting body, and the value of such subsidy or subsidies;

(x) An estimate of the number of new jobs to be created by the applicant, broken down by construction, full-time, part-time and temporary positions, where applicable;

(xi) The average hourly wage to be paid to all current and new employees at the project site, where applicable;

(xii) For project sites located in a Metropolitan Statistical Area, as defined by the federal Office of Management and Budget, the average hourly wage paid to non-managerial employees in the Commonwealth for the industries involved at the project, as established by the United States Bureau of Labor Statistics;

(xiii) For project sites located outside of Metropolitan Statistical Areas, the average weekly wage paid to non-managerial employees in the county for industries involved at the project, as established by the United States Department of Commerce;

(xiv) The type and amount of health care coverage to be provided by the applicant within ninety days of commencement of employment at the project site, including any costs to be borne by the employees;

(xv) A description of the project to be developed or undertaken, where applicable;

(xvi) The value of any additional private investment to be committed to this project;

(xvii) A statement as to whether the development subsidy may reduce employment at any other site controlled by the applicant or its corporate parent, within or without of the Commonwealth, resulting from automation, merger, acquisition, corporate restructuring or other business activity;

(1) If the granting body shall approve the application, it shall send a copy to the Executive Office of Housing and Economic Development within fifteen days of such approval, which shall be a public record.

Section 3. Reports

(a) Annual reports

(i) Notwithstanding any general or special laws to the contrary, each granting body shall file a progress report with the Executive Office of Housing and Economic Development for each project for which a development subsidy has been granted, no later than May 15 each year. The report shall include the following information:-

(1) The application tracking number;

(2) The identity of each taxpayer received an economic development subsidy and from which program the credit was received;

(3) The amount of the tax credit awarded and issued for each taxpayer and each project, if applicable;

(4) A list of all other development subsidies which the applicant has been granted by state or local agencies within the Commonwealth.

(i) Subsidies granted over a period of time, including but not limited to tax increment financing agreements, shall include both the value of the annual subsidy and the estimated cumulative total for each subsequent year.

(5) The benefit to the Commonwealth actually provided, including but not limited to:

(i) The number of jobs created and lost, broken down by construction, full-time, part-time and temporary positions, where applicable;

(ii) The average wage of the jobs created, where applicable;

(iii) The type and amount of health care coverage provided to the employees at the project site, including any costs borne by the employees, where applicable;

(iv) The status of the development project, where applicable;

(v) The amount of private investment committed to this project, where applicable.

(6) The comparison of the total employment in the Commonwealth by the recipient's corporate parent on the date of the application and the date of the report, broken down by full-time, part-time and temporary positions;

(7) A statement, as reported by the taxpayer applicant, as to whether the use of the development subsidy during the previous fiscal year has reduced employment at any other site controlled by the recipient corporation or its corporate parent, within or without of the Commonwealth as a result of automation, merger, acquisition, corporate restructuring or other business activity;

(8) A signed certification by the chief officer of the recipient corporation as to the accuracy of the progress report;

(i) On all subsequent annual progress reports, the granting body shall indicate whether the recipient corporation is still in compliance with its job creation, wage and benefit goals, and whether the corporate parent is still in compliance with its state employment requirement;

(ii) Granting bodies and recipient corporations shall file annual progress reports for the duration of the subsidy, or not less than five years, whichever period is greater.

(b) Two-Year Report

(i) No later than fifteen days after the second anniversary of the date of subsidy, the granting body shall file with the Executive Office of Housing and Economic Development a two-year progress report including the same information as required under section 5(a). The recipient corporation shall certify as to the accuracy of such report.

(ii) The granting body shall state in the two-year report whether the recipient corporation has achieved its job creation, wage and benefit goals, and whether the corporate parent has maintained 90% of its employment in the Commonwealth.

(c) The Executive Office of Housing and Economic Development (EOHED) shall compile and publish all data from the progress reports in both written and electronic form, including to a reporting web site maintained by the Executive Office of Housing and Economic Development. The information in the reports shall be included as part of the Searchable Website administered by the Secretary of Administration and Finance

(d) The granting body and the Executive Office of Housing and Economic Development shall have access at all reasonable times to the project site and the records of the recipient corporation in order to monitor the project and to prepare progress reports. The Executive Office of Housing and Economic Development shall commit the resources necessary to audit compliance and verify the accuracy of progress reports.

(e) A recipient corporation that fails to provide the granting body with the information or access required under paragraphs (1) and (2) of this section shall be subject to a fine of not less than $500 per day to commence within ten working days after the February 1 deadline, and of not less than $1,000 per day to commence twenty days after such deadline.

Section 4. Revocation/Recapture

(a) A recipient corporation shall fulfill its job creation, construction, full-time, part-time and temporary positions, wage, health care and other benefit requirements for the project site within two years of the date of subsidy. Such recipient shall maintain its wage and benefit goals as long as the subsidy is in effect, or five years, whichever is longer.

(b) The corporate parent of a recipient corporation must maintain at least 90% of its employment in the Commonwealth as long as the development subsidy is in effect, or not less than five years, whichever is longer.

(c) If the requirements under paragraphs (a) or (b) are not fulfilled, this shall be deemed a material variance and the granting body shall revoke and recapture the development subsidy from the recipient corporation as follows:

(i) For projects certified before January 1, 2013, if the granting body revokes a subsidy because of a material variance, the value of the economic benefit that shall be recaptured or otherwise recouped by the commonwealth or municipality shall be the amount the corporate parent would have been allowed to receive after the effective date of revocation. Revocation shall take effect on the first day of the tax year in which a material variance occurred as determined by the granting body. If the granting body revokes a subsidy because of a material misrepresentation or fraud, the value of the economic benefit that shall be recaptured or otherwise recouped by the commonwealth or the municipality shall be the total amount of economic benefit approved by the state for the corporate parent.

(ii) For projects certified after January 1, 2013, if the granting body revokes a subsidy, the value of the economic benefit that shall be recaptured or otherwise recouped by the state or municipality shall be the total amount of economic benefit approved by the state or municipality for the corporate parent.

(d) The granting body shall provide notice to the recipient corporation of its intent to revoke and recapture the development subsidy and state the reasons and amount to be recaptured. The recipient corporation shall remit to the governing body such amount within 60 calendar days of the date of such notice.

(e) If a recipient corporation fails to create at least 90% of the required number of jobs or to pay the required wages or benefits for three consecutive calendar years, the granting body shall revoke, and shall so notify the Executive Office of Housing and Economic Development and the recipient corporation. The recipient corporation shall pay back to the granting body all remaining value of the development subsidy it has not previously repaid within 180 calendar days of the date of the notice of such default.

(i) Recipient corporations that have defaulted on their agreement and had their full subsidy recaptured shall be barred from applying for any other economic development subsidy in the Commonwealth for a period not less than 5 years.

Section 5. Transparency & Public Record Disclosure

(a) All records required to be prepared or maintained under this Act, including but not limited to applications, progress reports, audits, recapture notices and any other records or proceedings relating thereto, shall be subject to disclosure under the Commonwealth’s Open Records Law and be made available as part of the Searchable Website administered by the Secretary of Administration and Finance.

(b) Granting bodies administering discretionary economic development incentive programs, including but not limited to the Economic Assistance Coordinating Council and the Massachusetts Life Sciences Center, shall be required to:

(i) Post meeting dates 30 days in advance on the website of the Executive Office of Housing and Economic Development.

(ii) Make meeting agendas and supporting materials, including but not limited to the full text of the applications to be considered, publicly available on the website of the Executive Office of Housing and Economic Development at least 2 weeks prior to the meeting.

(iii) Make meeting members, votes, and minutes publicly available on the website of the Executive Office of Housing and Economic Development within 24 hours of the meeting.

Section 6. Pre-emption

Nothing in this chapter shall be read to require or authorize any recipient corporation to reduce wages or benefits established under any collective bargaining agreement or state or federal prevailing wage law.

Section 7. Separability

If any provision of this Act is determined to be unenforceable in a court of law, such determination shall not affect the validity or enforceability of any other provision of this Act.

Section 8. Waivers

The Executive Office of Economic Development may waive the subsidy limit and job quality standards described in section 6 upon a finding that there exists significant public policy goals apart from job creation. Thirty days prior to waiving requirements, the Executive Office of Economic Development shall publish its intent to do so on its reporting website with an explanation of the specific public policy goals, why the waiver is necessary to meet the public policy goals and define objective standards by which the public policy goals will be measured. The one and two year progress reports described in section 5 will use these standards to determine whether these public policy goals were met.


Budget Amendment ID: FY2016-S3-177-R1

Redraft GOV 177

Regulatory Notification

Ms. Chandler moved that the proposed new text be amended by inserting after Section 28 the following section:

“SECTION 28A. Section 6D of chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following paragraph:-

Each executive office shall publish on its website a list of statutes passed in the previous 24 months for which regulations are required and for which regulations have not been adopted, identifying the session law in which the statutory authority was passed and containing a brief statement as to the agency’s plan to adopt the regulations.  Semi-annually, the plan shall be updated on the website and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on state administration and regulatory oversight.”


Budget Amendment ID: FY2016-S3-179

GOV 179

District Local Technical Assistance

Mr. Eldridge, Ms. Flanagan, Messrs. Rodrigues and Kennedy, Ms. O'Connor Ives, Ms. Donoghue, Messrs. Tarr, McGee, Lewis, Moore and Downing, Ms. Lovely, Ms. Gobi, Messrs. Humason, Barrett and Pacheco moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting the following:- "; provided further, that not less than $2,800,000 shall be expended to fund the District Local Technical Assistance Fund, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws" and further amended by striking the figures “8,530,000” and inserting in place thereof the following figures: - “11,330,000”


Budget Amendment ID: FY2016-S3-180

GOV 180

Relative to Political Designations

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

“SECTION ____.  Section 1 of chapter 50 of the General Laws is hereby amended by striking the definition of “Political designation” and replacing with the following:-

“Political designation” shall apply to any designation required in section 8 of chapter 53, expressed in not more than three words, which a candidate for nomination under section 6 of chapter 53 represents, and to any designation expressed in not more than three words to qualify a political party under this section, filed by five hundred registered voters with the secretary of state on a form provided by him or her, requesting that such voters, and any others wishing to do so, may change their registration to such designation, provided however, that the designation “Independent” shall not be used.  Certificates showing that each of the signers of said request is a registered voter at the stated address, signed by the city or town clerk shall accompany the petition. Any such request filed before December first in the year of a biennial state election shall not be effective until said December first. If, after the expiration of two years from the date the political designation is approved, there are fewer than one quarter of one percent of the total number of registered voters enrolled in the designation, it shall be dissolved and any such voters enrolled shall be registered as “unenrolled.””


Budget Amendment ID: FY2016-S3-181

GOV 181

Pension Fund Performance and Accountability

Messrs. Ross, deMacedo, Montigny, Tarr, Fattman and Humason moved that the proposed new text be amended by inserting at the end thereof the following new section:-

“Section XX. Section 23 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in subsection (f) by inserting after the word ‘board.’ the following words:- ‘The PRIM board shall approve all salary adjustments and bonus awards of the executive director. Any salary increase or bonus award of the executive director must receive unanimous approval of the PRIM board.’”


Budget Amendment ID: FY2016-S3-182-R1

Redraft GOV 182

Disaster Relief

Mr. Petruccelli moved that the proposed new text be amended in section 2, by inserting after item 1599-3384  the following item:

“1599-3765 For a reserve to reimburse municipalities’ share of costs related to the extreme or serve weather events, including tornadoes, in July 2014; provided, that municipalities shall first submit a plan to the secretary of administration and finance on how the funds will be used; and provided, further the comptroller shall transfer funds made available in this term to municipalities for this purpose upon the written request of the secretary of administration and finance…… $750,000”


Budget Amendment ID: FY2016-S3-184

GOV 184

Massport tourism

Messrs. Petruccelli, McGee and Lesser moved that the proposed new text be amended in section 2, after item, 15999-7770 by adding the following item:

"xxxx-XXXX For a reserve for the Massachusetts Port Authority to encourage tourism and travel from Israel, the Middle East and Asia to the commonwealth using direct flights to Logan International Airport......... $700,000"


Budget Amendment ID: FY2016-S3-185

GOV 185

Regional Health System Grant Program

Mr. Welch moved that the proposed new text be amended by inserting after section 105 the following 2 sections:-

“SECTION 105A. (a) Notwithstanding section 2GGGG of chapter 29 of the General Laws or any other general or special law to the contrary, the health policy commission shall establish a 1-year pilot program to increase efficiencies and align system-wide goals within 1 regional hospital system to improve the overall sustainability of the system.  The program shall provide a system-wide grant to create a comprehensive approach to system-wide needs.  The program shall include measurable milestones that shall demonstrate progress in at least 1 of the following areas: (i) care coordination, integration and delivery transformations; (ii) electronic health record and information exchange advancements; (iii) increasing alternative payment methods and accountable care organizations; (iv) enhancing patient safety; (v) increasing access to behavioral health services; or (vi) increasing coordination between system hospitals and community-based providers and organizations.

(b) The commission shall select 1 regional hospital system.  The regional hospital system selected shall have not more than 1 academic hospital as part of the regional hospital system and include an acute care hospital not receiving delivery system transformation initiative payments with both a Medicaid payer mix more than 1 standard deviation above the statewide average and a commercial payer mix more than 1/2 standard deviation below the statewide average based on the cost report data from fiscal year 2012.

(c) The program shall authorize a $5,000,000 grant from the Distressed Hospital Trust Fund established in said section 2GGGG of said chapter 29 to the regional hospital system selected in subsection (b).  The commission shall assess the needs of the regional hospital system to determine the amount of the grant and shall consider all resources available to the regional hospital system.  As a condition of an award, the commission may require the regional hospital system to agree to an independent financial and operational audit to recommend steps to increase sustainability and efficiency of the regional hospital system.

(d) The commission shall file a report on the program not later than December 31, 2016 after the date of the initial grant award.  The report shall include: (i) a description of the projects completed through the grant program; (ii) an analysis of cost savings realized by the regional hospital system through the grant program; and (iii) any other outcomes the commission considers relevant.  The report shall be filed with the clerks of the house of representatives and senate, the joint committee on health care financing and the house and senate committees on ways and means.

SECTION 105B. Not more than 6 months after the award of the grant under section 105A, the executive director of the health policy commission shall submit a progress report to the director of Medicaid certifying whether the selected regional hospital system is on track to complete all identified measurable milestones required under subsection (a) of said section 105A within the time set by the commission. If the report indicates that the selected regional hospital system is on track to meet said milestones, the director shall make an additional payment to the hospital system of $5,000,000 within 30 days of receipt of the report.

Not more than 12 months after the award of the grant under said section 105A, the executive director of the health policy commission shall submit a progress report to the director of Medicaid certifying whether the selected regional hospital system has completed all identified measurable milestones required under said subsection (a) of said section 105A within the time set by the commission. If the report confirms that the selected regional hospital system has completed said milestones, the director shall make an additional payment to the hospital system of $5,000,000 within 30 days of receipt of the report.

Notwithstanding any general or special law to the contrary, the department shall seek to obtain federal financial participation for the payments to the regional hospital system.”


Budget Amendment ID: FY2016-S3-186

GOV 186

I-Cubed

Mr. Rush moved that the proposed new text be amended in section 2, in item 1599-1977, by striking out the figure “$4,000,000” and inserting in place thereof the following figure:-  “$10,000,000”.


Budget Amendment ID: FY2016-S3-187

GOV 187

Bureau of the State House

Messrs. Rush, Donnelly, Moore, Lewis, Barrett, Timilty and Pacheco moved that the proposed new text be amended in section 2, in item 1102-3309, by adding at the end thereof the following: “; provided further that not less than $200,000 shall be expended for the purchase and upgrade of equipment in house and senate state house offices”; and in said item, by striking out the figures “$2,380,120” and inserting in place thereof the following figures “$2,580,120”


Budget Amendment ID: FY2016-S3-188

GOV 188

Cost Savings and Transparency in Local Government

Messrs. Downing, Tarr, Joyce, Moore and Ross moved that the proposed new text be amended by inserting after section 29 the following section:-

“SECTION XX. Section 49 of chapter 40 of the General Laws is hereby amended by striking out, in line 2, the word “print” and inserting in place thereof the following words:- "make available".


Budget Amendment ID: FY2016-S3-190

GOV 190

Inspector General Administration

Messrs. Tarr, deMacedo, Fattman and Humason moved that the proposed new text be amended in section 2, in item 0910-0200, by striking out figures "$2,486,413" and inserting in place thereof the figures "$2,586,413"


Budget Amendment ID: FY2016-S3-191

GOV 191

Inspector General Audit

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended by inserting after section__ the following new section:

"SECTION __. Notwithstanding any general or special law to the contrary, the Inspector General is hereby authorized and directed to audit the operations of the Sex Offender Registry"