Amendment 1

SENATE . . . . . . . . . . . . . . No. 2481

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2018, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2018. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY

Board of Bar Examiners

0321-0100.............................................................$25,000

District Attorneys

Northwestern District Attorney

0340-0600............................................................$468,000

Norfolk District Attorney

0340-0700............................................................$174,404

OFFICE OF THE SECRETARY OF STATE

Office of the Secretary of State

0521-0000............................................................$276,514

OFFICE OF THE INSPECTOR GENERAL

Office of the Inspector General

0910-0210.............................................................$50,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-3384..........................................................$12,000,000

1599-3856............................................................$400,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2030-1004.............................................................$37,000

Department of Conservation and Recreation

2820-0101............................................................$157,396

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

4000-0700...........................................................$1,000,000

Department of Public Health

4513-1012............................................................$600,000

4590-0912...........................................................$1,000,000

Department of Transitional Assistance

4403-2000..........................................................$25,633,697

Department of Children and Families

4800-0200...........................................................$2,000,000

Department of Developmental Services

5911-1003...........................................................$2,000,000

Department of Veterans’ Services

1410-0400...........................................................$5,300,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0101..........................................................$19,263,955

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education

7061-0012...........................................................$8,500,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Chief Medical Examiner

8000-0105............................................................$233,566

Military Division

8700-0001............................................................$608,000

Department of Correction

8900-0001...........................................................$4,450,000

8900-0010............................................................$567,079

Parole Board

8950-0001............................................................$502,400

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2018.

CANNABIS CONTROL COMMISSION

Cannabis Control Commission

1070-0841For the implementation of section 51 of chapter 55 of the acts of 2017...$2,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-0014For a reserve to fund the costs associated with assisting the residents of Puerto Rico or the United States Virgin Islands who have arrived in the commonwealth due to the impact of hurricanes Maria and Irma including, but not limited to: (i) transportation costs, including travel from the commonwealth to Puerto Rico or to the United States Virgin Islands; (ii) immediate living and related expenses; and (iii) costs incurred by political subdivisions of the commonwealth; provided, that the secretary of administration and finance may transfer from this item to other items of appropriation and allocations thereof for fiscal years 2018 and 2019 amounts necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the chairs of the house and senate committees on ways and means; and provided further, that the funds appropriated in this item in fiscal year 2018 shall not revert but shall be made available for these purposes through June 30, 2019 $2,500,000

1599-4448For a reserve to meet the costs of salary adjustments and other economic benefits authorized by: (i) the collective bargaining agreement between the commonwealth and the Service Employees International Union, Local 509, Units 8 and 10; (ii) the collective bargaining agreement between the commonwealth and the American Federation of State, County and Municipal Employees, Unit 2; and (iii) future collective bargaining agreements, subject to the requirements of section 7 of chapter 150E of the General Laws $15,500,000

1599-5000For a reserve to reimburse the town of Buckland for costs incurred during tropical storm Irene $520,895

1599-8910For a reserve to remediate identified and approved deficiencies incurred by the sheriffs of the commonwealth $21,076,186

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary of Housing and Economic Development

7002-1506For the Working Cities Challenge Initiative administered by the Federal Reserve Bank of Boston, competitive technical assistance grants to be administered by the executive office of housing and economic development in coordination with the Federal Reserve Bank of Boston, to provide multi-year support to initiatives that advance cross-sector collaboration among the public, private and nonprofit sectors; provided, that in order to qualify for funding, a project proposal shall catalyze and accelerate initiatives that create new or stronger working relationships between key institutions, agencies, organizations and businesses within municipalities with: (i) a population of more than 35,000 but not more than 250,000; (ii) a median family income that is below the median of similarly-sized municipalities; and (iii) a median poverty rate that is above the median for similarly-sized municipalities; provided further, that the Federal Reserve Bank of Boston shall identify additional program eligibility requirements; and provided further, that the state appropriation for this program office shall not be greater than the contribution from the private sector and other institutions…………… $500,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2018, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for alterations of purpose for current intragovernmental chargeback authorizations and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2018. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items purposes

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-2040..........................................................$30,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Massachusetts Commission for the Deaf and Hard of Hearing

4125-0122............................................................$100,000

SECTION 2E. The sums set forth in this section are hereby appropriated for transfer from the General Fund to the fund named within the corresponding item in section 2E of chapter 47 of the acts of 2017 unless specifically designated otherwise in said section 2E of said chapter 47, for the purposes and subject to the conditions specified in this act and said section 2E and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2018. This sum shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

1595-1069..........................................................$15,000,000

transportation

Massachusetts Department of Transportation

1595-6370...........................................................$3,000,000

Commonwealth Transportation Fund…..………100%

SECTION 3. Section 35AA of chapter 10 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 9, the word “(c)” and inserting in place thereof the following word:- (b).

SECTION 4. Section 12 of chapter 12C of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “the operation of the database or its functions” and inserting in place thereof the following words:- control of the database.

SECTION 5. Section 2SSSS of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the first time it appears, the word “and”.

SECTION 6. Said section 2SSSS of said chapter 29, as so appearing, is hereby further amended by inserting after the word “waiver”, in line 9, the following words:- “; and (iii) other federally-approved delivery system reform incentive program purposes”.

SECTION 7. Section 4 of chapter 30B of the General Laws, as so appearing is hereby amended by inserting after the figure “5”, in line 12, the following words:- or section 6.

SECTION 8. Section 1B of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word “Any” and inserting in place thereof the following words:- (a) Any.

SECTION 9. The introductory paragraph of said section 1B of said chapter 41, as so appearing, is hereby further amended by striking out the second sentence.

SECTION 10. Said section 1B of said chapter 41, as so appearing, is hereby further amended by adding the following subsection:-

(b) For the purposes of this section, the positions of town treasurer and collector of taxes, elected pursuant to section 1, may be combined into a single position and become an appointed position in the manner provided in this section. Such acceptance by the voters shall be in the form of the following question, to be placed on the official ballot:

Shall the town vote to have its elected offices of town treasurer and collector of taxes become an appointed office of treasurer-collector? Yes ______ No ______

If a majority of votes cast in answer to the question is in the affirmative, the elected offices of town treasurer and collector of taxes shall be combined and become 1 appointed office of treasurer-collector in accordance with this section.

An incumbent in the office of town treasurer or collector of taxes serving at the time of acceptance by the voters or an individual elected to the office of collector of taxes or office of treasurer at the same election under this section shall hold that office and perform the duties thereof until the appointment to the office of treasurer-collector is otherwise made under this section.

SECTION 11. Section 20 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following 3 sentences:- A premium received upon the sale of a note, less the cost of preparing, issuing and marketing the note, and any accrued interest received upon the delivery of the note, shall be applied to the first payment of interest on the note. A premium received upon the sale of a bond, less the cost of preparing, issuing and marketing the bond, and any accrued interest received upon the delivery of the bond shall: (i) in the case of a bond sold by a city or town that has been excluded under section 21C of chapter 59 or a bond sold by a regional school district for which a member city or town has excluded its share of the bond, be applied by the treasurer to pay costs of the project being financed by the bond and to reduce the amount authorized to be borrowed for the project by a like amount; or (ii) in the case of any other bond, be applied by the treasurer to pay costs of the project being financed by the bond and to reduce the amount authorized to be borrowed for the project by a like amount or, if not so applied, appropriated to pay costs of a project for which the city, town or district has authorized or may authorize a borrowing. Notwithstanding this section, any premium and accrued interest received on account of an issue of a bond, less the cost of preparing, issuing and marketing the bond, not in excess of $50,000 may be applied, with the approval of the chief executive officer, for the payment of indebtedness.

SECTION 12. Section 31 of said chapter 44, as so appearing, is hereby amended by striking out, in line 28, the word “council” and inserting in place thereof the following word:- counsel.

SECTION 13. Section 2A of chapter 61A of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the figure “25” and inserting in place thereof the following figure:- 25A.

SECTION 14. Section 21 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in line 162, the words “and chapter 64L” and inserting in place thereof the following words:- , chapter 64L and section 3 of chapter 64N.

SECTION 15. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the word “provided”, in line 98, the following words:- , marijuana products as defined in section 1 of chapter 94G.

SECTION 16. Sections 66 to 73, inclusive, of chapter 94 of the General Laws are hereby repealed.

SECTION 17. Sections 303A to 303E, inclusive, of said chapter 94 are hereby repealed.

SECTION 18. Section 13 chapter 94G of the General Laws is hereby amended by striking out, in lines 3 and 13, as appearing in the 2016 Official Edition, the figure “8” and inserting in place thereof, in each instance, the following figure:- 7.

SECTION 19. Section 2 of chapter 94I of the General Laws, inserted by section 44 of chapter 55 of the acts of 2017, is hereby amended by adding the following subsection:-

(f) An entity required to register with the secretary of the commonwealth pursuant to chapters 156C, 156D or 180 and organized for the purpose of operating as a registered marijuana treatment center in the commonwealth may specify as its lawful corporate purpose the conduct of all activities of a marijuana treatment center authorized by this chapter.

SECTION 20. Section 224 of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a commission on falls preventions within the department. The commission shall consist of: the commissioner of public health or a designee, who shall serve as chair; the secretary of elder affairs or a designee; the director of MassHealth or a designee; and 13 members to be appointed by the governor, 1 of whom shall be a member of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a member of the AARP, 1 of whom shall be a member of the Massachusetts Senior Care Association, Inc., 1 of whom shall be a member of the Massachusetts Association of Councils on Aging, Inc., 1 of whom shall be a member of the Massachusetts Medical Society Alliance, Inc., 1 of whom shall be a member of the Massachusetts Assisted Living Facilities Association, Inc., 1 of whom shall be a member of Massachusetts Home Care, Inc., 1 of whom shall be a member of the American Physical Therapy Association of Massachusetts, Inc., 1 of whom shall be a member of the Massachusetts Association for Occupational Therapy, Inc., 1 of whom shall be a member of the Massachusetts Pharmacists Association Foundation, Inc., 1 of whom shall have expertise in vision, 1 of whom shall have expertise in healthcare coverage and payment and 1 of whom shall have expertise in the built environment.

SECTION 21. Said section 224 of said chapter 111, as so appearing, is hereby further amended by striking out, in line 48, the word “annually” and inserting in place thereof the following word:-biannually.

SECTION 22. Section 17 of chapter 268A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

This section shall not prevent a municipal employee from acting as an agent for, or performing a service on behalf of, the employee’s municipality and any one or more other governmental units, as defined by section 4A of chapter 40, under an intermunicipal agreement pursuant to said section 4A of said chapter 40, or as otherwise provided by law; provided, however, that the employee is acting within the scope of the employee’s duties under the agreement or law.

SECTION 23. Item 4000-0700 of section 2 of chapter 47 of the acts of 2017 is hereby amended by adding the following words:- ; provided further, that not less than $1,000,000 shall be made available to establish a 1-year pilot program to increase efficiencies and align system-wide goals within a regional hospital system located in western Massachusetts to improve the overall sustainability of the system and to create a comprehensive approach to system-wide needs and a transition into the structure of the new 1115 Medicaid Waiver; provided further, that the pilot 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 records and information exchange advancements; (iii) increasing alternative payment methods and accountable care organizations; (iv) enhancing patient safety; (v) increasing access to behavioral health services; (vi) increasing coordination between system hospitals and community-based providers and organizations; and (vii) preparing the system to undertake risk as a potentially designated accountable care organization.

SECTION 24. Item 0910-0210 of said section 2 of said chapter 47 is hereby amended by striking out the figure “$850,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $900,000.

SECTION 25. Item 2030-1004 of said section 2 of said chapter 47 is hereby amended by striking out the figure “$333,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $370,000.

SECTION 26. Item 4000-0641 of said section 2 of said chapter 47 is hereby amended by striking out words “that not later than March 1, 2018, MassHealth shall report to the house and senate committees on ways and means on the impact on wages for direct care workers at the nursing homes receiving funds” and inserting in place thereof the following words:- that MassHealth shall provide to the house and senate committee on ways and means an interim report not later than June 15, 2018 and a final report not later than December 31, 2018 on the impact of wages for direct care workers at the nursing homes receiving funds.

SECTION 27. Item 4513-1012 of said section 2 of said chapter 47is hereby amended by striking out the figure “$26,200,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $26,800,000.

SECTION 28. Item 4590-0912 of said section 2 of said chapter 47is hereby amended by striking out the figure “$21,650,862”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $22,650,862.

SECTION 29.Item 7004-0108 of said section 2 of said chapter 47 is hereby amended by adding the following words:- ; provided further, that the undersecretary of housing and community development may transfer surplus funds appropriated in this item to item 7004-0101 to address deficiencies in said item 7004-0101; and provided further, that not more than $3,000,000 shall be transferred from this item in fiscal year 2018.

SECTION 30. Item 1595-6370 of section 2E of said chapter 47 is hereby amended by adding the following words:- ; provided, that not more than $2,000,000 of the funds allocated herein shall be transferred to regional transit authorities with severe budget deficits to mitigate service reductions; provided further, that recipients of such funds shall agree to remediation plans with the department to eliminate unfunded deficits in fiscal years 2018 and 2019; and provided further, that the department shall submit a report to the senate and house chairs of the joint committee on transportation and the senate and house chairs of the joint committee on ways and means not later than March 15, 2019 on the fiscal health and remediation efforts of each regional transit authority that received such mitigation funds.

SECTION 31. Sections 94, 95 of said chapter 47 are hereby repealed.

SECTION 32. Said chapter 47 is hereby amended by striking out section 125 and inserting in place thereof the following section:-

Section 125. Not later than September 15, 2018, the commissioner of revenue shall issue a report on the use of the commissioner’s authority to add reporting requirements pursuant to section 8 of chapter 62C of the General Laws. The report shall detail and provide an explanation for any changes made to the reporting requirements that differ from those required by the federal government and shall state a projected fiscal impact resulting from any such changes. Not later than March 15, 2019, the commissioner of revenue shall issue a report describing the financial impact to the commonwealth of such additional reporting requirements, if any. The reports under this section shall be filed with the clerks of the senate and house of representatives, the senate and house chairs of the joint committee on revenue and the chairs of the senate and house committees on ways and means.

SECTION 33. Section 142 of said chapter 47 is hereby repealed.

SECTION 34. The last sentence of section 72 of chapter 55 of the acts of 2017 is hereby amended by striking out the words “or resulting from the plan of entity conversion” and inserting in place thereof the following words:- and necessary to effect the plan of entity conversion.

SECTION 35. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws: (i) the agreement between the commonwealth and Unit 2 of the American Federation of State, County and Municipal Employees; and (ii) the agreement between the commonwealth and Units 8 and 10 of the Service Employees International Union, Local 509.

SECTION 36. Upon the deposit of sufficient funds in the Marijuana Regulation Fund established pursuant to section 14 of chapter 94G of the General Laws, the Massachusetts cannabis control commission established pursuant to section 76 of chapter 10 of the General Laws, shall transfer the same amount as appropriated in item 1070-0841 in fiscal year 2018, to the General Fund of the commonwealth established pursuant to section 2 of chapter 29 of the General Laws

SECTION 37. The first biannual report required to be filed pursuant to section 224 of chapter 111 of the General Laws shall be file not later than September 22, 2018.