Budget Amendment ID: FY2018-S3-3

OTH 3

Expanding the Mandated Reporter Definition

Messrs. Tarr, O'Connor and Ross and Ms. Lovely moved that the proposed new text be amended by inserting after section __ the following new section:-

“SECTION __. Section 21 of chapter 119 of the General Laws is hereby amended by striking, in line 74, the words “or (vi) the child advocate” and inserting in place thereof the following:- “(vi) any public or private school employee; (vii) any person who cares for or works with a child in any public or private child care facility; (viii) all employees of the commonwealth; (viii) all volunteers who regularly work with children as part of a team or organization such as volunteer youth sports coaches, church volunteers, park and recreation, library, scouting, boys or girls clubs, Young Men’s Christian Association, and any other person in the commonwealth who works in a youth organization or has contact with children; (ix) persons contracted for landscaping by a public or private school; or (x) the child advocate. No person under the age of 18 shall be classified as a mandated reporter.

Section __. Section 51A of said chapter 119 is hereby amended by adding, after subsection (k), the following new subsection:-

(l) All designated mandated reporters in the commonwealth shall be required to take child sexual abuse training as determined by the office of the child advocate and the interagency child welfare task force established by section 215 of chapter 6.”

Budget Amendment ID: FY2018-S3-5

OTH 5

Seasonal Camp Counselors and Counselor Trainees

Ms. Creem and Mr. Hinds moved that the proposed new text be amended by inserting, after section XX of the bill, the following two sections:-

SECTION XX.  Section 2 of chapter 151 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, in lines 30-31, inclusive, after the words “religious institutions”, the following words:-  ", work by seasonal camp counselors and counselor trainees."

SECTION XX.  Section 7 of said chapter 151 is hereby amended by striking out, in lines 22-24, inclusive, the words “learners and apprentices, except for seasonal camp counselors and counselor trainees, and except for ushers”, and inserting in place thereof the following words:-  "learners, apprentices, and ushers.”

Budget Amendment ID: FY2018-S3-6

OTH 6

School Hours Study

Ms. Gobi and Mr. Lewis moved that the proposed new text be amended by adding the following new sections:

SECTION X. The Executive Office of Education established by chapter 6A of the General Laws shall study the feasibility of allowing school committees to maintain a minimum number of instructional hours substituted for the minimum number of days as required by the board of education.  As part of the study, the executive office shall determine cost savings associated with an instructional hours based system, including but not limited to, energy costs, administrative costs, and transportation costs.  A report of the study, together with recommendations for legislation, shall be filed with the house and senate clerks by June 1, 2018.

Budget Amendment ID: FY2018-S3-7

OTH 7

LGBT Aging Commission Reporting Technical Amendment

Ms. L'Italien, Messrs. Cyr and Lewis and Ms. Gobi moved that the proposed new text be amended Section 71 of chapter 3 of the general laws, as appearing in the 2016 official edition, is hereby amended by striking section (e) and inserting in place thereof the following section:-

(e) The commission shall from time to time report its activities and findings, and any recommendations to the governor, the clerks of the senate and house of representatives and the house and senate chairs of the joint committee on elder affairs, and shall file no less than one report by December 31st of even-numbered years.”

Budget Amendment ID: FY2018-S3-8

OTH 8

LGBT Awareness Training for Aging Services Providers

Ms. L'Italien, Messrs. Cyr, Lewis, Brownsberger and Moore, Ms. Gobi, Ms. Chang-Diaz and Ms. Lovely moved that the proposed new text be amended bill by inserting the following after SECTION 114:

LGBT Awareness Training for Aging Services Providers

Chapter 19A of the General Laws is hereby amended by inserting after section 41 the following section:-

Section 42. The department shall develop a curriculum and training program on the prevention and elimination of discrimination based on sexual orientation, gender identity and expression and on improving access to services for lesbian, gay, bisexual and transgender elders and caregivers. The training program shall be completed by all providers of services who contract with or receive funding from the department, Aging Service Access Points or the MassHealth Office of Long Term Care, or whose services are certified by the department.

The training curriculum established pursuant to section 42 of Chapter 19A of the General Laws shall be completed within 9 months of enactment of the legislation, and a provider shall commence the training program within 12 months of employment.

Budget Amendment ID: FY2018-S3-10

OTH 10

Medal of Liberty

Messrs. Tarr, Rush, Humason and O'Connor, Ms. Lovely, Messrs. deMacedo, Ross and Montigny moved that the proposed new text be amended by adding the following new section:

“SECTION XX. Section 67A of chapter 33 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following:-

If a fallen service member from the commonwealth who qualifies for the medal of liberty has no surviving spouse, children, siblings, or parents, their next closest surviving relative, including but not limited to any nephews or nieces, shall be eligible for the medal of liberty.”

Budget Amendment ID: FY2018-S3-11

OTH 11

Room Occupancy Tax Modernization

Messrs. Tarr and Humason moved that the proposed new text be amended by striking SECTION 31 and SECTION 35

Moves to further amend, by inserting, after section 34, the following new section:-

"SECTION 35. Chapter 64G of the General Laws is hereby amended by striking out sections 1 to 12, inclusive, as appearing in the 2014 Official Edition, and inserting in place thereof the following 11 sections:

Section 1. As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings:

(a) ''Bed and breakfast establishment'', a private owner-occupied house where 4 or more rooms or units are let and a breakfast is included in the rent, and all accommodations are reserved in advance.

(b) ''Bed and breakfast home'', a private owner-occupied house where 3 or fewer rooms or units are let and a breakfast is included in the rent, and all accommodations are reserved in advance.

(c)  "Commissioner", the commissioner of revenue.

(d) "Hosting Platform", a service through any third-party website, software, online-enabled application, mobile phone application or some other similar electronic process that allows: (i) an operator to advertise, list or offer the use of any accommodation subject to the excise under this chapter in exchange for rent; (ii) an operator to collect the payment of rent on any accommodation; and (iii) a person to arrange, book, reserve or rent an accommodation.

(e) ''Hotel'', any building used for the feeding and lodging of guests licensed or required to be licensed under the provisions of section 6 of chapter 140.  For purposes of this chapter, (i) a "hotel" shall also include an owner-occupied or a tenant-occupied property where 1 or more rooms or units is let to an occupant or sub-occupant, all accommodations are reserved in advance, and where the owner or tenant has let, cumulatively, any room or rooms or other rental unit or units owned by such owner or tenant, for a total of 30 days or more during the previous calendar year, and (ii) a private owner-occupied house shall be considered a single unit if leased or rented as such.

(f) "Intermediary", any person or entity, other than an operator, that facilitates the sale, use or possession of an occupancy and charges a room charge to the general public.  For purposes of this definition, the term "facilitates" means brokers, coordinates or in any other way arranges for the purchase, sale, use or possession of occupancies by the general public.  The term "intermediary" shall also include a hosting platform and operator's agent.

(g) ''Lodging house'', a house where lodgings are let to 4 or more persons not within the second degree of kindred to the person conducting it, licensed or required to be licensed under section 23 of chapter 140.

(h) ''Motel'', any building or portion thereof, other than a hotel or lodging house, in which persons are lodged for hire with or without meals and which is licensed or required to be licensed under the provisions of section 23 B of chapter 140, or is a private club.

(i) ''Occupancy'', the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment, accompanying the use and possession of such room or rooms, for a period of 90 consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee.

(j) ''Occupant'', a person who, for rent, uses, possesses or has a right to use or possess, any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel under any lease, concession, permit, right of access, license or agreement.

(k) ''Operator'', any person operating a bed and breakfast establishment, hotel, lodging house or motel in the commonwealth including, but not limited to, the owner or proprietor of such premises, the lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such bed and breakfast establishment, hotel, lodging house or motel.

(l) "Operator's agent", a person including, but not limited to, a property manager, property management company or real estate agent who on behalf of an operator of a bed and breakfast establishment or lodging house: (i) manages the operation or upkeep of a property offered for rent; or (ii) books reservations at a property offered for rent.

(m) ''Person'', includes an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee or referee and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any combination of individuals acting as a unit.

(n) ''Rent'', the total consideration paid by or on behalf of an occupant to (i) an operator or (ii) an intermediary collecting and remitting the excise on behalf of an operator under section 10, for occupancy, valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature and also any amount for which credit is allowed by the operator to the occupant without any deduction therefrom whatsoever.

Section 2. The provisions of this chapter shall not be construed to include (a) lodging accommodations at federal, state or municipal institutions; (b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel or motel generally open to the public and operated by the institution; (c) privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; (d) religious or charitable homes for the aged, infirm, indigent or chronically ill; (e) summer camps for children eighteen years of age or under or developmentally disabled individuals; provided, however, that such summer camp which offers its facilities off-season to individuals sixty years of age or over for a period not to exceed 30 days in any calendar year shall not lose its exemption hereunder; and (f) a bed and breakfast home.

For the purposes of this section a developmentally disabled individual shall mean an individual who has a severe chronic disability which:

(A) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(B) is likely to continue indefinitely;

(C) results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; (v) self-direction; (vi) capacity for independent living; and (vii) economic self-sufficiency; and

(D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

Section 3. An excise is hereby imposed upon the transfer of occupancy of any room or rooms in a bed and breakfast establishment, hotel, lodging house, or motel in this commonwealth by any operator at the rate of 5 per cent of the total amount of rent for each such occupancy. No excise shall be imposed if the total amount of rent is less than $15 per day or its equivalent.

The operator shall pay the excise to the commissioner at the time provided for filing the return required by section 16 of chapter 62C.

Section 3A. Any city or town which accepts the provisions of this section shall be authorized to impose a local excise tax upon the transfer of occupancy of any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel located within such city or town by any operator at a rate up to, but not exceeding, 6 per cent of the total amount of rent for each such occupancy; provided, however, that the city of Boston is hereby authorized to impose such local excise upon the transfer of occupancy of any room in a bed and breakfast establishment, hotel, lodging house or motel located within said city by any operator at the rate of up to but not exceeding 6.5 per cent of the total amount of rent of each such occupancy. No excise shall be imposed if the total amount of rent is less than $15 per day or its equivalent or if the accommodation is exempt under the provisions of section 2 of this chapter. The operator shall pay the local excise tax imposed under the provisions of this section to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to the amount of such sums received from the transfer of occupancy in each such city or town. This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for the purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government. The provisions of this section shall take effect on the first day of the calendar quarter following 30 days after such acceptance, or on the first day of such later calendar quarter as the city or town may designate. The city or town, in accepting the provisions of this section, may not revoke or otherwise amend the applicable local tax rate more often than once in any 12 month period.

The commissioner shall make available to any city or town requesting such information the total amount of room occupancy tax collected in the preceding fiscal year in the city or town requesting the information.

Section 4. Except as provided in section 10, reimbursement for the excise hereby imposed shall be paid by the occupant of such room or rooms to the operator and each operator in this commonwealth shall add to the rent and shall collect from the occupant the full amount of the excise imposed by this chapter, or an amount equal as nearly as possible or practical to the average equivalent thereof; and such excise shall be a debt from the occupant to the operator, when so added to the rent, and shall be recoverable at law in the same manner as other debts.

Section 5. The amount of the excise collected by the operator from the occupant under the provisions of this chapter shall be stated and charged separately from the rent and shown separately on any record thereof at the time the transfer of occupancy is made, or on any evidence of such transfer issued or used by the operator.

Section 6. No person shall operate a bed and breakfast establishment, hotel, lodging house or motel in this commonwealth unless a certificate of registration has been issued to him in accordance with section 67 of chapter 62C.

Section 7. Any operator who has paid to the commissioner an excise under section 3 upon an account later determined to be worthless shall be entitled to an abatement of the excise paid on such worthless account. Such claim for abatement shall be filed on or before April 15 of each year, covering the amount of the excise on such accounts determined to be worthless in the prior calendar year.

Any operator who shall recover an excise on an account previously determined to be worthless, for which an application for abatement has been filed, shall report and include the same in his monthly return at the time of recovery.

Section 8. Every operator who fails to pay to the commissioner any sums required to be paid by this chapter shall be personally and individually liable therefor to the commonwealth. The term ''operator'', as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership or a limited liability company, who as such officer, employee or member is under a duty to pay over the taxes imposed by this chapter.

An operator who misrepresents to an intermediary that the transfer of occupancy of the operator's property is exempt from the excise imposed under section 3 and section 3A shall be liable for any unpaid excise under these sections and shall have committed an unfair trade practice under chapter 93A in making such a misrepresentation to the intermediary.

Section 9. No excise shall be imposed, pursuant to this chapter, upon the transfer of occupancy of any room or rooms in a hotel, lodging house or motel if the occupant is an employee of the United States military traveling on official United States military orders which encompass the date of said occupancy. Each operator shall maintain such records as the commissioner shall require to substantiate exemptions claimed under this section.

Section 10.  (a) An operator may elect to allow an intermediary to collect rent or facilitate the collection or payment of rent on their behalf through a written agreement on an accommodation subject to the excise under this chapter. An intermediary that enters into a written agreement with the operator to collect rent or facilitate the collection or payment of rent on behalf of the operator on an accommodation subject to the excise under this chapter shall: (i) apply for and obtain a certificate of registration from the commissioner in accordance with section 67 of chapter 62C on behalf of the operator; and (ii) assess, collect, report and remit the excise to the commissioner as described for operators in sections 3, 3A, 5, 7, 8 and 9. The certificate of registration obtained from the commissioner under this subsection shall identify and be in the name of the individual operator, not the intermediary.

(b) An intermediary collecting and remitting the excise on behalf of an operator shall provide notification within a reasonable time to the operator that the excise has been collected and remitted to the commissioner under section 3. The notification may be delivered in-hand or by mail or conveyed by electronic message, mobile or smart phone application or some other similar electronic process, digital media or communication portal. An operator shall not be responsible for collecting and remitting the excise on any transaction for which it has received notification from an intermediary that the excise has been collected and remitted to the commissioner on their behalf.

(c) The commissioner may enter into a voluntary collection agreement with an intermediary required to remit the excise under subsection (a) who is willing to assume liability for the collection and remittance of the excise imposed under this chapter on behalf of the operators that the intermediary represents. The intermediary shall not be liable for any faults in collecting or remitting the excise caused by the hosting platform's or operator's agent's reasonable reliance on representations made to it by the operator about the nature of the property being rented, the duration of the occupancy or other similar misrepresentations made by the operator to the hosting platform or operator's agent. The operator shall be liable for any unpaid excise resulting from any such misrepresentations. An intermediary shall not be liable for any over collection of the excise if the excise collected was remitted to the commissioner and if the over collection resulted from the intermediary's reasonable reliance on the operator's representations about the nature of the property being rented, about the nature of the occupancy or whether such property was exempt from the excise. The operator shall be liable for any monetary damages to the occupant resulting from any such misrepresentations.

The commissioner may promulgate rules or regulations for the assessing, reporting, collecting, remitting and enforcement of the room occupancy excise under this section.

SECTION_. Section 35 shall take effect for transfers of occupancies that commence on or after January 1, 2018

Budget Amendment ID: FY2018-S3-12

OTH 12

Restoring the Income Tax Rate to 5%

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

“SECTION__.  Chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking Section 4(b) in its entirety and inserting in place thereof the following:-

Section 4(b) “Part B taxable income shall be taxed at the rate of 5.1 per cent for tax years beginning on or after January 1, 2016; provided however that Part B taxable income shall be taxed at:

- 5.05 per cent for the tax year beginning on January 1, 2018; and

- 5.0 per cent for tax years beginning on or after January 1, 2019.

SECTION__.  The provisions of section __ will take effect on December 31, 2017.”

Budget Amendment ID: FY2018-S3-13

OTH 13

Restore the Sales Tax to 5%

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

"SECTION __. Section 2 of chapter 64H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.8 per cent”, effective August 1, 2017.

SECTION__. Section 2 of said chapter 64H, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.4 per cent”, effective August 1, 2018.

SECTION__. Section 2 of said chapter 64H, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2019.

SECTION __. Section 2 of Chapter 64I of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.8 per cent”, effective August 1, 2017.

SECTION __. Section 2 of said chapter 64I, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.4 per cent”, effective August 1, 2018.”

SECTION __. Section 2 of said chapter 64I, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2019.”

Budget Amendment ID: FY2018-S3-14

OTH 14

Post Employment Benefits Review Commission

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

“SECTION_. Chapter 32 of the General Laws is hereby amended by inserting after section 21A the following new section:-

Section 21B. The following definitions shall apply to this section:

“Current employee”, any employee of the Commonwealth or its political subdivisions as of the effective date of this act.

“Post-employment benefits”, any defined benefit to be paid to an employee as a result of their service to the Commonwealth or its political subdivisions in accordance with chapters 32, 32A, 32B or any other general or special law that contains provisions for said benefits.

“Retiree”, any retired former employee of the Commonwealth or its political subdivisions as of the effective date of this act in receipt of post-employment benefits in accordance with chapters 32, 32A, 32B or any other general or special law that contains provisions for said benefits.

“Vested”, any current employee of the Commonwealth or its political subdivisions as of the effective date of this act that is entitled to post-employment benefits at a future date by virtue of and in accordance with the provisions of chapters 32, 32A, 32B or any other general or special law that contains provisions for said benefits.

(a) Notwithstanding any general or special law to the contrary, there shall be established a post-employment benefits Commission that shall perform a comprehensive review and evaluation of the various post-employment benefits provided in the Commonwealth contained in chapters 32, 32A, 32B or any other general or special law that contains provisions for post-employment benefits provided to employees or retirees of any secretariat, board, Commission, authority, municipality, school district or other political subdivision in the Commonwealth.  The Commission shall make recommendations to the Governor, House and Senate on improving the efficiency, effectiveness and operations of all existing post-employment benefit systems in the Commonwealth, without exception.    The Commission shall focus on changes that should be made to all post-employment benefit systems in the Commonwealth for current and future employees, rather than retirees.

(b) The Commission shall be non-partisan and shall be comprised of the President of the Senate, the Minority Leader of the Senate, the Speaker of the House, the Minority Leader of the House, the Secretary of Administration and Finance, or his designee,  the Treasurer and Receiver-General or her designee, the Executive Director of the Massachusetts Municipal Association or their designee, the Executive Director of the Public Employee Retirement Assurance Commission or their designee, the Executive Director of the Group Insurance Commission, or their designee.  The Executive Director of the Pension Reserves Investment Management Board, or their designee, The Executive Director of the State Retirement Board, or their designee, the Executive Director of the Massachusetts Teachers’ Retirement System, or their designee and a member of any union with employees that are members of any of the aforementioned Boards or Commissions.   There shall be two public members, one who shall be an actuary not currently contracted with any of the aforementioned Boards or Commissions, a certified public accountant who is knowledgeable about Governmental Accounting Standards Board standards related to post-employment benefits and other systems nationwide and not currently contracted with any of the aforementioned Boards or Commissions, both of whom named by the State Comptroller.   The Commission shall use the services of the State Comptroller and the Office of the State Comptroller’s general counsel as advisors.  The State Comptroller will provide administration and meeting space.   At the Commission’s first meeting, which shall take place no more than 15 business days after the effective date of this section, the Commissioners shall elect a chair, a vice chair who shall serve if the chair is absent at a meeting and a secretary who shall be responsible for minutes of the Commission.

(c) The Commission shall be charged with reviewing the current structure of post-employment benefits in the Commonwealth offered to current employees, including, but not limited to, defined benefit pensions, defined benefit healthcare, the administration of all public employee retirement and retiree healthcare systems with a goal of recommending to the Legislature changes necessary to provide for a more efficient, effective and productive system of post-employment benefits.  The Commission may consider consolidation of all existing systems into either a single entity or an entity for non-teacher employees and an entity for teachers.  Each entity that may be created as a recommendation of the Commission shall be separate irrevocable trusts but using shared actuarial, investment, eligibility determination, receipt, disbursement and administrative functions.  Employers that are members of said entity or entities shall proportionately share costs, benefits and any net pension or other post-employment benefit liability in a manner that is actuarially sound. The Commission may consider converting all future employees of public entities in the Commonwealth to a defined contribution plan that would take effect as of a date of the Commission’s recommendation, including a matching contribution by the Commonwealth or a municipality.  The Commission may consider changing the structures for current employees who are not vested a of a date of the Commission’s recommendation, including transferring previous contributions to the various systems made by said non-vested employees into defined contribution arrangements.   The Commission may also consider an administrative cap on the management of post-employment benefits as a percentage of fiduciary net position of the single entity or the entity for non-teacher employees and for teachers.

(d) The Commission shall meet at least monthly and provide approved minutes to the public within seven business days after approval.

(e) The Commission shall report to the Governor and the Clerks of the House and Senate, no later than December 31, 2015.  The report shall consist of an executive summary of the Commission’s work, members, meetings and minutes, an analysis of the current structure of post-employment benefits in the Commonwealth, the structure of post-employment benefits in other States, findings and recommendations and appendices containing draft legislation and any other exhibits that the Commission deems necessary for the Governor and the members of the House and Senate for their knowledge.   The Commission then shall work with the members of the House and Senate to pass any recommended legislative changes during the 2016 session.   Upon the approval of any General or Special Law related to any of the contents of the Commission’s report, the Commission shall have outreach through the Massachusetts Municipal Association to municipal systems to implement any approved legislation on a timely basis.

(f) Line item 1000-0001 shall be increased by $250,000 each fiscal year for the operations of the Commission while the Commission is empanelled, including the costs of hiring consultants, meeting space in the Office of the State Comptroller, the Office of the State Comptroller’s general counsel and administration of the Commission and shall not revert while the Commission is empanelled.

(g) The Commission shall disband not later than 2 years after the effective date of the approval of any General or Special Law related to any of the contents of the Commission’s report.  Any unspent funds as a result of Section 6 of this Act shall revert to the General Fund upon disbanding."

Budget Amendment ID: FY2018-S3-15

OTH 15

2017 Sales Tax Holiday

Messrs. Tarr and O'Connor, Ms. Lovely and Mr. Ross moved that the proposed new text be amended by inserting, after section__, the following new section:-

“SECTION__. (a) Notwithstanding any general or special law to the contrary, for the days of August 12, 2017 and August 13, 2017, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(b) Notwithstanding any general or special law to the contrary, for the days of August 12, 2017 and August 13, 2017, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 12, 2017 and August 13, 2017. An excise erroneously or improperly collected during the days of August 12, 2017 and August 13, 2017, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 12, 2017 and August 13, 2017.

(d) On or before December 31, 2017, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources, pursuant to this act. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, without this act.

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

(f) Eligible sales at retail of tangible personal property under sections 175 and 176 of chapter 64H are restricted to those transactions occurring on August 12, 2017 and August 13, 2017. Transfer of possession of or payment in full for the property shall occur on one of those days, and prior sales or layaway sales shall be ineligible.”

Budget Amendment ID: FY2018-S3-16

OTH 16

Earned Income Tax Credit

Messrs. Eldridge, Cyr and Brady, Ms. Chang-Diaz and Mr. O'Connor moved that the proposed new text be amended by inserting after section XX the following new sections:-

SECTION  XX. Section 6(h) of chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 239 and 243, the number “23” and inserting in place thereof the following number:- 30.

SECTION XX. Section 6(h) of chapter 62 of the General Laws, as appearing in the 2014 Official Edition is amended by adding the following paragraph:-

(3)  In order to ensure the widest possible dissemination the state and federal earned income credit , the  department shall:  (i) provide all employers with a multilingual poster and a notice that sets forth the rights to the earned income credit under this chapter; (ii) require that all employers doing business in Massachusetts post information about the earned income credit  in a conspicuous location at the place of employment; (iii) coordinate a notification system by the commonwealth to applicants for and recipients of unemployment insurance under chapter 151A, applicants for and recipients of transitional assistance benefits, including food stamps, under chapter 18, and to recipients of subsidized health insurance under chapter 118E; and (iv)  collaborate  with labor organizations,  chambers of commerce, municipalities, community-based organizations, and taxpayer advocates. The multilingual notice requirement in clause (i) shall comply with the language requirements for employer’s unemployment notices under section 62A(d)(iii) of chapter 151A.

Budget Amendment ID: FY2018-S3-17

OTH 17

SouthField Redevelopment Authority Bond Technical Correction

Messrs. O'Connor and Keenan moved that the proposed new text be amended by adding the following new outside section:-

Notwithstanding the provisions of any general or special law to the contrary, Chapter 291 of the Acts of 2014 is hereby amended by adding in Section 20 (a) to the end of sentence “The authority may issue bonds secured in whole or in part by betterments, assessments, special assessments, fees and other charges, notes, debentures, long-term capital leases, grants, and governmental assistance and long-term capital leases, grants and governmental assistance and long-term contracts; provided that the authority may not secure any bonds or notes issued after the effective date of this section with a pledge or other commitment of ad valorem property taxes assessed by the authority or the towns pursuant to said section 19;”  the following new language “and provided further that any refunding or reissuance of the Series 2010A bonds, or any use of the proceeds of the Series 2010A bonds, whenever occurring, shall not be deemed to be the issuance of bonds or notes after the effective date of this section.”

Budget Amendment ID: FY2018-S3-18

OTH 18

Super Research and Development Tax Credit

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

“SECTION__. Section 38 of Chapter 63 is hereby amended by inserting at the end thereof the following new section:-

Super Research and Development Tax Credit

Section 1. A business corporation or taxpayer that qualifies for the research expense tax credit allowed under section 38M of this Chapter and 830 CMR 63.38M.1 is allowed an additional credit against the tax due under this section equal to the excess, if any, of qualified research expenses for the taxable year over the super credit base amount. For purposes of this section, "super credit base amount" means the average amount spent on qualified research expenses by the taxpayer in the 5 taxable years immediately preceding the effective date of this section, increased by 50%. For purposes of this section, "qualified research expenses" has the same meaning as under 830 CMR 63.38M.1 but applies only to expenditures for research conducted in this State.

Section 2.  The credit allowed under this section is limited to 50% of the taxpayer's tax due after the allowance of any other credits taken pursuant to this chapter.

Section 3. A business corporation or taxpayer entitled to a credit under this section for any taxable year may carry over and apply to the tax due for any one or more of the next succeeding 5 taxable years the portion, as reduced from year to year, of any unused credit, but in no event may the credit applied in any single year exceed 50% of the taxpayer's tax due after the allowance of any other credits taken pursuant to this chapter

Section 4. The credit provided by this section may not be used to reduce the business corporation or taxpayer's tax liability under this section to less than the amount of the taxpayer's tax due in the preceding taxable year after the allowance of any credits taken pursuant to this chapter.

Section 5. In the case of corporations filing a combined return, a credit generated by an individual member corporation under the provisions of this section must first be applied against the tax due attributable to that company under this Part. A member corporation with an excess research and development credit may apply its excess credit against the tax due of another group member to the extent that that other member corporation can use additional credits under the limitations of subsection 4. Unused, unexpired credits generated by a member corporation may be carried over from year to year by the individual corporation that generated the credit, subject to the limitation in subsection 3.”

Budget Amendment ID: FY2018-S3-19

OTH 19

Home of Senator Daniel Webster and Governor Edward Winslow

Mr. O'Connor moved that the proposed new text be amended by adding the following new outside section:-

"SECTION XX. Notwithstanding any general or special law to the contrary, the highway division of the Massachusetts Department of Transportation shall expend not more than $10,000 to erect and maintain a suitable marker on Route 3N and Route 3S designating the Town of Marshfield as the home of Senator Daniel Webster and Governor Edward Winslow. Said marker shall be in compliance with the standards of said department."

Budget Amendment ID: FY2018-S3-20

OTH 20

Commuter Transit Benefits

Messrs. Keenan and O'Connor moved that the proposed new text be amended by inserting the following new section:-

SECTION X.  Section 1 of Chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in subsection (c), by inserting after the figure “106,” the following  figures:- 132(f)(1)(D), 132(f)(2)(A), 132(f)(2)(C),

Budget Amendment ID: FY2018-S3-21-R1

Redraft OTH 21

Conductive Concrete Study

Messrs. O'Connor, Humason and Ross moved that the proposed new text be amended by inserting after section 100 the following section:-

“SECTION 100A. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation, in partnership with the college of engineering at the University of Massachusetts, shall conduct a study of the feasibility of integrating the use of conductive concrete in public works developments and projects. The study shall determine the cost, feasibility, effectiveness and projected cost savings of using conductive concrete in future public works projects to construct and maintain roads and sidewalks. For the purposes of this study, “conductive concrete” shall mean a concrete compound that contains steel shavings and carbon particles to create enough conductivity to melt ice and snow while remaining safe to the touch.

The department shall submit its recommendations, together with any proposed legislation, to the clerks of the senate and house of representatives, the chairs of the joint committee on economic development and emerging technologies, the chairs of the joint committee on telecommunications, utilities and energy and the chairs of the joint committee on transportation not later than December 1, 2018.”.

Budget Amendment ID: FY2018-S3-22

OTH 22

Taxation of Cider

Ms. Lovely and Mr. Hinds moved that the proposed new text be amended by inserting, after section__, the following new section: -

SECTION 1. Section 21 of chapter 138 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words “six per cent of alcohol by weight” and inserting in place thereof the following words:- 8 1/2 per cent alcohol by volume.

SECTION 2. Said section 21 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 25, the word “six” and inserting in place thereof the following figure:- 8 1/2.

Budget Amendment ID: FY2018-S3-24

OTH 24

Electronic Communications

Messrs. O'Connor and Tarr moved that the proposed new text be amended by adding the following new outside section:-

SECTION XX. Notwithstanding any other general or special law to the contrary, communication required or permitted under chapter 151A of the General Laws shall be made and transmitted in the manner and form prescribed by the director, which may include electronic communication. The director shall establish procedures allowing the use of the United States Postal Service for those lacking reasonable access to, or the ability to use, electronic means of communication. For these purposes, "communication" includes, but is not limited to, notices and questionnaires from the department and responses and other submissions from a claimant, a claimant's representative, an employer, or an employer's representative. Electronic communication sent to the department, made in the name of a claimant or employer using the Social Security Account Number, Federal Employer Identification Number or a unique identification number or code assigned to the claimant or employer by the director, shall be presumed made by that individual or employer, unless the director is satisfied by a preponderance of the available evidence that it was not done by that individual or employer.

Budget Amendment ID: FY2018-S3-25

OTH 25

Title V Income Tax Credit Reform

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

“SECTION__. Subsection (i) of Section 6 of Chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking in line 321 the figure “$15,000” and inserting in place thereof the following:– “$25,000”; and, by striking in line 325 the figure “$1,500” and inserting in place thereof the following:– “$4,000”; and by striking in line 327 the figure “$6,000” and inserting in place thereof the following:– “$10,000”.

Budget Amendment ID: FY2018-S3-26

OTH 26

Section 90G3/4 of Chapter 32

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

SECTION __. Chapter 32 of the General Laws as appearing in the 2014 Official Edition is hereby amended by repealing Section 90G ¾.

SECTION __. Any member who made an election under G.L. c. 32, s. 90G ¾ prior to the effective date of this act shall have said election maintained after the repeal of said section and no further action need be taken by the member or retirement board.

Budget Amendment ID: FY2018-S3-27

OTH 27

Single Risk Limitations

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

SECTION__. Section 21 of chapter 175 of the General Laws, as so appearing in the 2012 Official Edition, is hereby amended by insertingafter the words “life company” in line 1 the following words;- or a financial insurance company.

SECTION__. Section 21 of chapter 175, as so appearing, is hereby amended by inserting after the second sentence the following sentence;-

A financial guaranty insurance company shall be subject to the laws of the state in which it is domiciled for purposes of this section.

SECTION__. Section 21 of chapter 175, as so appearing, is hereby amended by inserting at the end of the section the following:-

For the purposes of this section, a financial guaranty insurance company licenses to transact insurance in the Commonwealth under subpart (c) of the fourth clause of section forty-seven that primarily issues insurance policies, surety bonds, indemnity contracts or any other similar guarantees under which loss is payable, upon proof of occurrence of a financial loss, to an insured.

Budget Amendment ID: FY2018-S3-31

OTH 31

Senior Circuit Breaker Tax Credit

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

“SECTION __. Paragraph (3)(ii) of subsection (k) of Section 6 of Chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of  "CPI'' in line 439 the following new text:-

“Credit”, as used in this subsection the word credit shall mean Senior Circuit Breaker Tax Credit.

and inserting after line 545 the following new text:-

(10)The commissioner shall annually, not later than November 1, file a report with the house and senate committees on ways and means, the joint committee on elder affairs and the joint committee on revenue identifying by community the total amount of tax credits claimed and the total number of tax filers who received the tax credits for the preceding fiscal year.

Budget Amendment ID: FY2018-S3-33-R1

Redraft OTH 33

Fair Revenue Sharing Among All Cities and Towns

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

“SECTION __. There shall be a commission to study the distribution of general local aid in the commonwealth, including unrestricted general government aid, lottery aid as promulgated in section 18C of chapter 58, and additional assistance aid to municipalities. Said study shall not include chapter 70 foundation aid, as defined in section 2 of chapter 70. The commission shall examine the current formula used to distribute unrestricted general government aid to municipalities, evaluate the effectiveness and equity of said formula, and make recommendations to establish a more equitable distribution of unrestricted general government aid to municipalities in the commonwealth.

The commission shall review all aspects of general local aid including, but not limited to: (i) the current allocation of local aid to municipalities; (ii) the reflectiveness of municipalities’ needs in the proportional distribution of the unrestricted general government aid formula; (iii) any equity disparities that exist between municipalities across the commonwealth related to local aid distribution; (iv) the ability to account for a municipality’s change in population or tax base in a general local aid funding formula;  (v) the potential to calculate municipal costs based on a municipality’s need for municipal services and a municipality’s ability to raise local revenue, less a municipality’s local revenues; and (vi) any alternative formulas that may create a more equitable distribution of general local aid.

The commission shall consist of the following members: the secretary of the office of administration and finance, or a designee; the commissioner of the department of revenue, or a designee; 1 member appointed by the treasurer of the commonwealth; 2 members of the senate, 1 of whom shall represent a gateway municipality, as defined in section 3A of chapter 23A, and shall serve as co-chair; 2 members of the house, 1 of whom shall represent a gateway municipality, as defined in section 3A of chapter 23A, and shall serve as co-chair; 1 representative from the Massachusetts Municipal Association; 1 representative from the  Federal Reserve Bank of Boston; 1 representative from the Massachusetts Budget and Policy Center; 1 representative from the Massachusetts Taxpayers Foundation; and 1 representative from the Edward J. Collins, Jr. Center for Public Management.

The commission shall file a report of its findings and recommendations, including any new or revised local aid formulas, with the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the chairs of the joint committee on municipalities and regional government no later than March 1, 2018.”

Budget Amendment ID: FY2018-S3-36-R1

Redraft OTH 36

Encouraging Smoking Cessation

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

“SECTION __. Section 6 of chapter 64H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-

(yy) Sales of smoking cessation aids.

Budget Amendment ID: FY2018-S3-37-R1

Redraft OTH 37

Single Sales Rate Factor Analysis

Messrs. Fattman, Tarr and Ross moved that the proposed new text be amended by inserting after the figure “29”, in line 62, the following words:- “and any other corporate or other business excise tax expenditures, including adjustments to the apportionment formula under section 38 of chapter 63”.

Budget Amendment ID: FY2018-S3-38

OTH 38

Film Tax Credit Adjustment

Messrs. Rodrigues, Montigny and Eldridge and Ms. O'Connor Ives moved that the proposed new text be amended by adding the following sections:-

SECTION __. The definition of “Production expense” in subsection (l) of section 6 of chapter 62 of the general laws, as so appearing, is hereby amended by adding the following sentence:-  “Production expense” shall also not include the salary and compensation amounts paid to any employee or individual employed in the production of the motion picture whose salary is equal to or greater than $1,000,000.

SECTION __. Said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out, in lines 606 and 607, the figure “50” and inserting in place thereof, in each instance, the following figure:- 75.

SECTION__. The definition of “Production expense” in subsection (a) of section 38X of chapter 63 of the general laws, as so appearing, is hereby amended by adding the following sentence:-  “Production expense” shall also not include the salary and compensation amounts paid to any employee or individual employed in the production of the motion picture whose salary is equal to or greater than $1,000,000.

SECTION __. Said section 38X of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 62 and 63, the figure “50” and inserting in place thereof, in each instance, the following figure:- 75.

Budget Amendment ID: FY2018-S3-39

OTH 39

Promoting Safe and Appropriate Access to Prescription Medications

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

SECTION __.  Section 6 of chapter 64H of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after subsection (tt) the following new subsection:-

(uu) Sales of medication lock boxes designed to secure prescription medications and treatments

Budget Amendment ID: FY2018-S3-40-R2

2nd Redraft OTH 40

Corrective Amendment

Ms. Spilka moved that the proposed new text be amended in section 2, in said item 0526-0100, by striking out the figure “$932,724” and inserting in place thereof the following figure:- “$1,032,724 ”; and

in said section 2, in item 1410-0010, by striking out the figure “$3,524,629” and inserting in place thereof the following figure:- “$3,759,629”; and

in said section 2, in item 1410-0012, by striking out the figure “$4,370,641” and inserting in place thereof the following figure:- “$4,594,641”; and

in said section 2, in item 1410-1616, by striking out, in line 5, the word “construction” and inserting in place thereof the following word:- “maintenance”; and

in said section 2, in item 1595-1067, by striking out, in line 7, the words “or federal fiscal year 2018” and inserting in place thereof  the following words:-  “fiscal year 2017”; and

in said section 2, in item 1595-1068, by inserting after the figure “2017”, in line 5, the following words:- or 2018”; and

in said section 2, in item 1599-0026, by striking out the figure “$3,350,000” and inserting in place thereof the following figure:- “$4,000,000”; and

in said section 2, in item 1790-0300, by adding the following words:-  ; provided further, that any unspent balance at the close of fiscal year 2018 shall remain in the account and may be expended for this item in fiscal year 2019”; and

in said section 2, in item 2200-0100, by striking out the figure "$25,000,000" and inserting in place thereof the following figure:- "$26,025,000"; and

in said section 2, in item 2250-2000, by striking out the figure "$2,743,531" and inserting in place thereof the following figure:- "$2,918,531"; and

in said section 2, in item 2330-0100, by striking out the figure "$6,072,282" and inserting in place thereof the following figure:- "$6,382,282"; and

in said section 2, in item 2511-0105, by striking out the figure “$16,500,000” and inserting in place thereof the following figure:- “$17,600,000”; and

in section 2, in said item 2511-0100, by striking out the figure “$5,817,651” and inserting in place thereof the following figure:- “$5,892,651”; and

in said section 2, in item 2800-0100, by striking out the figure "$4,437,773" and inserting in place thereof the following figure:- "$4,507,773"; and

in said section 2, in item 2810-0100, by striking out the figure "$38,578,728" and inserting in place thereof the following figure:- "$39,863,728"; and

in said section 2, in item 3000-3060, by striking out, in lines 42 to 46, inclusive, the words:- “to providers for services rendered in prior fiscal years may be expended from this item; and provided further, that the department shall recoup funds owed by providers related to payments made by the department in the prior fiscal year by reducing payments to the provider” and inserting in place thereof the following words:- “for services rendered in prior fiscal years may be expended from this item; and provided further, that the department shall recoup funds owed related to payments made by the department in prior fiscal years by reducing payments”; and

in said section 2, in item 3000-4060, by striking out, in lines 18 to 20, inclusive, the words” the department shall recoup funds owed by providers related to payments made by the department in the prior fiscal year by reducing payments to those providers” and inserting in place thereof the following words:- “reimbursements for services rendered in prior fiscal years may be expended from this item; provided further, that the department shall recoup funds owed related to payments made by the department in prior fiscal years by reducing payments”; and

in said section 2, in said item 4000-0005, by striking out the figure “$6,500,000” and inserting in place thereof the following figure:- “$7,545,000”; and

in said section 2, in item 4000-0300, by striking out the figure "$102,102,732" and inserting in place thereof the following figure:- "$102,527,732"; and

in said section 2, in item 4000-0500, by striking out, in line 14, the words “November 1, 2017” and inserting in place thereof the following words:- “March 15, 2018”; and

in said section 2, in said item 4000-0500, by striking out, in lines 26 to 29, the following words:- “; provided further, that the executive office shall submit to the house and senate committees on ways and means any reports on accountable care organization performance sent to the Centers for Medicare and Medicaid Services within 15 days of that submission”; and

in said section 2, in said item 4510-0110, by striking out the figure “$1,042,354” and inserting in place thereof the following figure:- “$1,542,354”; and

in said section 2, in item 4510-0600, by striking out the figure "$3,818,321" and inserting in place thereof the following figure:- "$3,918,321"; and

in said section 2, in item 4512-0202, by striking out, in line 2, the word “oxyContin” and inserting in place thereof the following word:- “opioid”; and

in said section 2, in item 4512-0205, by striking out the figure “$475,000” and inserting in place thereof the following figure:- “$1,255,000”; and

in said section 2, in item 4513-1111, by striking out the figure "$3,460,977" and inserting in place thereof the following figure:- "$3,760,977"; and

in said section 2, in item 4513-1130, by striking out the figure “$31,835,559” and inserting in place thereof the following figure:- “$32,010,559”; and

in said section 2, in item 4590-0250, by striking out the figure "$11,944,395" and inserting in place thereof the following figure:- "$12,144,395"; and

in said section 2, in item 4800-0038, by striking out the figure “$291,471,283” and inserting in place thereof the following figure:- “$292,531,283”; and

in said section 2, in item 5042-5000, by striking out the figure "$91,381,786" and inserting in place thereof the following figure:- "$91,581,786"; and

in said section 2, in item 5046-0000, by striking out the figure "$387,130,580" and inserting in place thereof the following figure:- "$388,380,580"; and

in said section 2, in item 7002-0010, by striking out the figure “$2,066,244” and inserting in place thereof the following figure:- “$2,491,244”; and

in said section 2, in item 7003-0100, by striking out the figure "$766,544" and inserting in place thereof the following figure:- "$996,544"; and

in said section 2, in item 7003-1206, by striking out the figure “$1,500,000” and inserting in place thereof the following figure:- “$1,705,000”; and

in said section 2, in item 7004-0099, by striking out the figure "$7,263,469" and inserting in place thereof the following figure:- "$7,768,469"; and

in said section 2, in item 7004-0100, by striking out the figure “$5,160,332” and inserting in place thereof the following figure:- “$5,345,122”; and

in said section 2, in item 7004-0102, by striking out the figure "$46,180,000" and inserting in place thereof the following figure:- "$46,405,000"; and

in said section 2, in item 7004-0108, by striking out, in lines 26 to 34, inclusive, the following words:- "; provided further, that not later than January 1, 2018 the department shall promulgate rules which shall provide that a family that was terminated from the program or did not make a good faith effort to follow its housing stabilization plan during the term of its assistance shall be ineligible for benefits under said item 7004-0101 and this item for 12 months from the last date that the family received assistance under said item 7004-0101 and this item, including housing stabilization and economic self-sufficiency case management services”; and

in said section 2, in item 7004-3036, by striking out the figure “$2,791,992” and inserting in place thereof the following figure:- “$2,971,992”; and

in said section 2, in item 7008-0900 by striking the figure "$299,361" and inserting in place thereof the following figure:- "$4,124,361"; and

in said section 2, in item 7010-0005, by striking out the figure “$12,369,863” and inserting in place thereof the following figure:- “$12,769,863”; and

in said section 2, in item 7010-0033, by striking out the figure "$2,100,000" and inserting in place thereof the following figure:- "$2,200,000"; and

in said section 2, in item 7027-0019, by striking out the figure "$2,600,000" and inserting in place thereof the following figure:- "$3,285,000"; and

in said section 2, in item 7035-0002, by striking out the figure "$30,250,000" and inserting in place thereof the following figure:- "$30,800,000"; and

in said section 2, in item 7061-0012, by striking out the figure "$293,740,396" and inserting in place thereof the following figure:- "$294,390,396"; and

in said section 2, in item 7061-9408, by striking out the figure “$7,457,168” and inserting in place thereof the following figure:- “$7,707,168”; and

in said section 2, in item 7061-9611, by striking out the figure “$2,425,000” and inserting in place thereof the following figure:- “$3,745,000”; and

in said section 2, in item 7100-4000, by striking out the figure "$2,824,104" and inserting in place thereof the following figure:- "$2,949,104"; and

in said section 2, in item 8000-0600, by striking out the figure "$2,583,464" and inserting in place thereof the following figure:- "$3,648,464"; and

in said section 2, in item 8100-1001, by striking out the figure "$278,832,693" and inserting in place thereof the following figure:- "$279,922,693"; and

in said section 2, in item 8324-0000, by striking out the figure “$24,201,575” and inserting in place thereof the following figure:- “$24,881,575”; and

in said section 2, in item 8900-0001, by striking out the figure "$615,539,903" and inserting in place thereof the following figure:- "$617,864,903"; and

in said section 2, in item 8910-0108, by striking out the figure "$15,745,203" and inserting in place thereof the following figure:- "$16,145,203"; and

in said section 2, in item 9110-9002, by striking out the figure "$14,030,000" and inserting in place thereof the following figure:- "$14,190,000"; and

in section 2D, in item 7003-6627, by striking out, in line 2, the word “Substance” and inserting in place thereof the following word “Safety”; and

in section 2E, in item 1595-6368, by striking out the figure "$314,411,545" and inserting in place thereof the following figure:- "$315,191,545"; and

in section 24, by striking out, in line 257, the figure “$2,349,497,926” and inserting in place thereof the following figure:- “$2,394,497,926”; and

in section 29, by striking out, in line 313, the figure “2B” and inserting in place thereof the following figure:- “2C”; and

in section 32, by striking out, in line 353, the figure “2B” and inserting in place thereof the following figure:- “2C”; and

in section 44, by inserting after the word “person”, in line 641, the following words:- “shall establish, maintain, operate or hold oneself out as a home health agency without a home health agency license issued by the department and no organization”; and

in section 83, by inserting after the word “revenue”, in line 1189, the following word:- “in”; and

in section103, by striking out, in line 1612, the words "October 1, 2017" and inserting in place thereof the following words:- "January 1, 2018"; and

in section 109, by striking out, in line 1625, the word "January" and inserting in place thereof the following word:- "April";

in section 109A, inserted by amendment number 786, by striking the figure “2017” and inserting in place thereof the following figure “2018”.

Budget Amendment ID: FY2018-S3-41

OTH 41

Protecting Consumers Through an Update to Betty's Law

Mr. Montigny, Ms. L'Italien, Messrs. Brownsberger and McGee, Ms. Gobi, Messrs. Moore and Tarr and Ms. Lovely moved that the proposed new text be amended by inserting after section____ the following 2 sections:-

“SECTION___.  Chapter 175 of the General Laws is hereby amended by inserting after section 113B the following section:-

SECTION 113B1/2.  For an at-fault accident claim, a minor accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $1,000 but is not more than $5,000 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $5,000 under: (A) property damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (E) as a result of an accident with a bodily injury liability coverage claim. No motor vehicle liability policy, as defined by section 34A of chapter 90, shall apply an increase in premium as a result of an at-fault accident that does not satisfy the criteria for a minor or major accident.  For purposes of this section, “premium” shall mean the cost of a policy, or coverage within a policy, to an individual policyholder based on the particular drivers and motor vehicles insured under the policy.

SECTION____.  Subsection (d) of section 4 of chapter 175E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- For motor vehicle insurance rates, no increase in premium charges shall be applied due to an at-fault accident that does not satisfy the criteria for a minor or major accident as defined by section 113B1/2 of chapter 175 of the General Laws.”.

Budget Amendment ID: FY2018-S3-42-R1

Redraft OTH 42

Victims of Human Trafficking Trust Fund

Messrs. Montigny and Cyr, Ms. Lovely and Ms. Forry moved that the proposed new text be amended by inserting after section 100 the following section:-

“SECTION 100A.  Notwithstanding any general or special law to the contrary, the comptroller shall transfer $200,000 from the General Fund to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10 of the General Laws not later than September 1, 2017.

The office of the state auditor shall audit activities and functions related to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10 of the General Laws for the period of July 1, 2014 to July 1, 2017, inclusive.  The audit shall include, but not be limited to, whether fines and fees collected pursuant to sections 50, 51, and 54 of chapter 265 of the General Laws and money or property forfeited pursuant to sections 55 and 56 of said chapter 265 have been properly transmitted to the fund.  Not later than March 1, 2018, the results of the audit shall be reported to the clerks of the senate and house of representatives, the chairs of the joint committee on the judiciary and the chairs of the joint committee on post audit and oversight.”

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2151

The Commonwealth of Massachusetts

_______________

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

_______________

by inserting after section __ the following 22 sections:-

SECTION 1. Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following section:-

Section 219. (a) For purposes of this section, “partnership” shall mean the human trafficking prevention business partnership.

(b) There shall be a human trafficking prevention business partnership.  The partnership shall engage participating corporations and other private entities in voluntary efforts to prevent and combat human trafficking.  The governor, or the governor's designee, shall serve as chair of the partnership.

(c) Participating corporations in the partnership shall: (i) adopt a zero tolerance policy toward human trafficking; (ii) ensure that the corporation's or entity's employees comply with the policy adopted under clause (i); (iii) participate in public awareness and education campaigns; (iv) enhance awareness of and encourage participation in the partnership; and (v) exchange information about effective practices for abolishing human trafficking including, but not limited to, identifying private and nonprofit resources that may be available to support the work of the partnership and promote efforts to abolish human trafficking.

(d) The governor, or his designee, shall work collaboratively to promote the partnership with other state agencies, including but not limited to the executive office of labor and workforce development, the executive office of health and human services, and the executive office of public safety and security.

(e)  The chair of the partnership shall present a certificate of recognition to participating corporations and private entities to recognize the corporation's or entity's contributions and commitment to abolishing human trafficking.

(g) Nothing in this section shall be construed as limiting any laws currently in effect related to human trafficking.

SECTION 2. Chapter 13 of the General Laws is hereby amended by adding the following 2 sections:-

Section 109. (a) There shall be a board of registration in bodywork therapy consisting of 7 members who are residents of the commonwealth appointed by the governor, 3 of whom shall be licensed bodywork therapists engaged in the practice of bodywork therapy in the commonwealth for not fewer than 5 years immediately preceding appointment or, in the case of initial appointments, who are able to provide proof of: (i) not fewer than 500 hours of bodywork therapy for compensation; (ii) authorization  to practice bodywork therapy issued by a municipal board of health within the commonwealth within the preceding 2 years; or (iii) not fewer than 40 hours of bodywork therapy performed within a licensed healthcare facility; 1 of whom shall be a health agent, board member or other health professional employed by or elected to a municipal board of health within the commonwealth; 1 of whom shall be an individual engaged in the operation of a bodywork therapy education program; and 2 of whom shall be consumers of bodywork therapy. Board members shall be subject to chapter 268A.

(b) Board members shall be appointed for a term of 3 years; provided, however, that of the members first appointed to the board, 3 shall serve for a term of 3 years, 2 shall serve for a term of 2 years and 2 shall serve for a term of 1 year. Upon expiration of their terms members of the board shall continue to hold office until the appointment of a successor. A member may be removed by the governor for cause. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member’s term.

(c) The board shall at its first meeting and annually thereafter elect from among its members, by majority vote, a chairman and vice-chairman. The board shall meet at least once every 3 months and may hold additional meetings as necessary for the discharge of its duties. Members shall receive no compensation but shall be entitled to reasonable travel expenses. The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

Section 110. The board shall have the following powers and duties: (i) to administer and enforce sections 265 to 272, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of bodywork therapists, the practice of bodywork therapy and the operation of bodywork therapy establishments and schools to promote the public health, welfare and safety of the citizens of the commonwealth; (iii) to establish standards of professional and ethical conduct; (iv) to establish standards for continuing education reflecting acceptable national standards; (v) to investigate complaints, conduct inspections, review billing and treatment records and set and administer penalties as defined in sections 61 to 65F, inclusive, and sections 265 to 272, inclusive, of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board; and (vi) to make available to the public a list of licensed bodywork therapists.

SECTION 3.  Chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after section 6N the following section:-

Section 6O.  A person filing an individual or a joint return may voluntarily contribute all or part of any refund to which they are entitled, or may voluntarily add an amount on to any amount due, to be credited to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.

A contribution under this section may be made with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year.  The commissioner shall prescribe the manner in which the contribution shall be made on the face of the return required by section 5 of chapter 62C; provided, however, that the commissioner shall assure that taxpayers filing any such forms are made clearly aware of their ability to make the contributions provided for by this section.

The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit such amount to the Victims of Human Trafficking Trust Fund.

SECTION 4. Chapter 112 of the General Laws is hereby amended by adding the following 9 sections:-

Section 265. As used in this section and sections 266 to 272, inclusive, the following words shall have the following meanings:-

“Board”, the board of registration of bodywork therapy established in section 109 of chapter 13.

“Licensed bodywork establishment”, an office, clinic, spa, salon or other establishment licensed by the board to offer bodywork services.

“Bodywork” or “bodywork therapy”, the use of touch, words or directed movement to deepen awareness of patterns of movement in the body, or the affectation of the human energy system or acupoints or Qi meridians of the human body including, but not be limited to: the Feldenkrais method; reflexology; the Trager approach; Ayurvedic therapies; Rolf structural integration; polarity or polarity therapy; polarity therapy bodywork; Asian bodywork therapy; acupressure; Jin Shin Do; Qi Gong; Tui Na; Shiatsu; body-mind centering and Bowenwork; provided, however, that bodywork or bodywork therapy shall not include massage as that term is defined in section 227, nor the practice or instruction in yoga or Reiki; and provided, further, that bodywork therapy shall not include diagnosis of illness or disease, the prescription of drugs or medicines, spinal or other joint manipulations, electrical stimulation, application of ultrasound or any services or procedures for which a license to practice medicine, chiropractic, acupuncture, massage therapy, occupational therapy, physical therapy or podiatry is required by law.

“Bodywork therapist” or “bodywork practitioner”, a person licensed by the board that instructs or administers bodywork or bodywork therapy for compensation.

Section 266. (a) No person shall advertise or be otherwise characterized as a bodywork therapist or practice bodywork or bodywork therapy unless that person holds a valid license issued in accordance with this chapter; provided, however, that a student of bodywork therapy enrolled in a bodywork therapy program approved by the board may engage in a required clinical component of the student’s course of study under the guidance of a licensed bodywork therapist and for no compensation.  

(b)  The following individuals shall be exempt from the licensure requirements of this section:  (i) a person duly licensed, registered or certified in another state, territory, the District of Columbia or a foreign country who is temporarily in the commonwealth to teach a course related to bodywork therapy or to consult with a person licensed as a bodywork therapist under this chapter; (ii) a person providing bodywork therapy to a member of that person's immediate family for which the person receives no compensation; (iii) a person who holds a professional license, certificate or registration under the General Laws who performs services within the scope of practice authorized by the license, certificate or registration but does not hold themselves out to be a bodywork therapist; and (iv) a person, duly licensed, registered or certified in another state, territory, the District of Columbia, or a foreign country, who is incidentally in the commonwealth to provide service as part of an emergency response team working in conjunction with disaster relief officials..

Section 267. (a) An applicant for licensure as a bodywork therapist shall submit an application on a form furnished by the board.  The information included in the application shall be attested to and signed by the applicant.  Each application shall be accompanied by payment of the fee prescribed by the executive office of administration and finance under section 3B of chapter 7. Upon submission of a completed application to the board and the payment of the required fees, the board may issue a license to practice as a bodywork therapist to an applicant who: (i) is 18 years of age or older; (ii) is of good moral character as determined by the board; (iii) has obtained a high school diploma or its equivalent; (iv) has submitted 2 professional letters of reference including at least 1 letter from an employer or licensed professional in the field of bodywork therapy or a similar field as defined by the board; (v) has successfully completed a course of study or training program approved by the board; (vi) has not been convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude during the 10 years immediately preceding the date of application; (vii) provides proof of adequate professional liability coverage as determined by the board; and (viii) demonstrates professional competence as determined by the board.

(b) The director of the division of professional licensure shall determine the renewal cycle and renewal period for bodywork therapy licenses. Each person licensed in accordance with these sections may apply to the board for renewal of a license on or before the expiration date, as determined by the director, unless the license was revoked, suspended or canceled earlier by the board as a result of a disciplinary proceeding instituted pursuant to this chapter. Applications for renewal shall be made on forms furnished by the board and accompanied by payment of a renewal fee, as prescribed by the executive office of administration and finance under section 3B of chapter 7, which fee shall not be less than $100.

(c) As a condition of renewal of a license each licensed bodywork therapist shall furnish the board with satisfactory proof that the licensee: (i) has not been convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude during the term of licensure; (ii) carries adequate professional liability coverage as determined by the board; and (iii) has completed the required number of relevant continuing education hours on the practice of bodywork therapy and business practices as determined by the board.  The board shall issue a renewal license upon satisfactory proof of compliance with the licensing requirements.  The board may provide for the late renewal of a license which has lapsed and may require payment of a late fee. All licensing and application fees collected pursuant to sections 265 to 272, inclusive, shall be deposited into the trust fund established in section 35V of chapter 10.

(d) Every person receiving a license from the board shall conspicuously display the license in the licensee’s place of business.

Section 268. The board may provide reciprocal licenses for registered, certified or licensed bodywork therapists from other jurisdictions if the standards of registration, certification or licensure in their jurisdictions are reasonably equivalent to those set forth in section 267. The board shall promulgate regulations to implement this section. The fee for a reciprocal license shall be prescribed by the executive office of administration and finance under section 3B of chapter 7 and shall not be less than $100. An applicant shall not be granted reciprocity if the applicant’s license to practice has been revoked or suspended in another jurisdiction. The board, subject to a vote of the majority of its members, may revoke a license if the license, certificate of registration issued by another state or territory of the United States, the District of Columbia or a foreign state or nation has been revoked, cancelled, suspended, or otherwise acted against, or if the holder has been disciplined in that jurisdiction where the basis for the action would constitute a basis for disciplinary action in the commonwealth.

Section 269.  The board may grant a license to an individual who: (i) submits a completed application and pays the necessary fee prescribed by the executive office of administration and finance under section 3B of chapter 7; (ii) is 18 years of age or older; (iii) is of good moral character as determined by the board; (iv) has obtained a high school diploma or its equivalent; (v) has submitted 2 professional letters of reference including at least 1 letter from an employer; (vi) provides proof of adequate professional liability coverage; (vii) has not been convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude during the 10 years immediately preceding the date of application; and (viii) submits documentation in a form determined by the board that the individual: (A) previously provided at least 500 hours of bodywork therapy for compensation to individuals other than immediate family members; (B) has been authorized by a municipal board of health in the commonwealth to practice bodywork therapy within 2 years of the date of application; or (C) previously provided at least 40 hours of bodywork therapy within a licensed healthcare facility.

Section 270. (a) The board shall conduct inspections and investigate all complaints filed relating to the proper practice of bodywork therapy and any violation of sections 265 to 272, inclusive, or any rule or regulation of the board. Complaints may be brought by any person or municipality, or the board may initiate a complaint.

(b) The board shall be under the supervision of the division of professional licensure and shall have the authority conferred under sections 61 to 65F, inclusive. For the purposes of this section and sections 61 to 65F, inclusive, conduct which places into question the holder's competence to practice bodywork therapy shall include, but not be limited to: (i) committing fraud or misrepresentation in obtaining a license; (ii) criminal conduct resulting in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts; (iii) violating a rule or regulation of the board; (iv) failing to cooperate with the board or its agents in the conduct of an inspection or investigation; (v) failing to fulfill any continuing education requirements set out by the board; or (vi) violating an ethical standard which in the board’s determination renders the person unfit to practice as a bodywork therapist including, but not limited to, inappropriate conduct or touching in the practice of bodywork therapy, offering medical opinion or diagnosis or negligence in the course of professional practice.

(c)  The board may issue an order to a licensee directing the licensee to cease and desist from unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the licensee has engaged in such conduct.

(d) A bodywork therapist whose license to practice is suspended for more than 1 year as the result of professional misconduct related to insurance fraud during the course of the licensee’s practice shall not own, operate, practice in or be employed by another bodywork therapist, massage therapist, physical therapist or chiropractor in any capacity during the course of the suspension and until the license is reinstated by the board. A second occurrence of professional misconduct related to insurance fraud during the course of a licensee’s practice shall result in the permanent revocation of the license.  The licensee shall be barred from owning, operating, practicing or being employed in a business that provides bodywork therapy, massage therapy, physical therapy or chiropractic care.

(e) Nothing in this section shall limit the board's authority to impose sanctions by consent agreements that are considered reasonable and appropriate by the board. Any person aggrieved by a disciplinary action taken by the board under this chapter may file a petition for judicial review under section 64.

Section 271. Every person licensed by the board to practice bodywork therapy shall conspicuously display the license in the licensee’s place of business.

Section 272. (a) Only persons duly licensed under this chapter shall be designated as bodywork therapists and entitled to use the term “bodywork” or “bodywork therapy” when advertising or printing promotional material. Any person who uses the term “bodywork” in a professional title without being authorized to do so may be the subject of disciplinary action by the board under section 65A.

(b)  Any person who: (i) knowingly aids and abets another person in the use of the term “bodywork” as part of a professional title when the person using the term is not authorized to do so; or (ii) knowingly employs unlicensed individuals in the operation of a bodywork therapy business may be the subject of a disciplinary proceeding before the board.

(c) It shall be a violation of this chapter for a person to advertise: (i) as a bodywork therapist or a bodywork therapy business unless each person employed as part of the business, and acting as a bodywork therapist, holds a valid license under this chapter; (ii) licensed bodywork therapy services with escort or dating services; (iii) as specializing in particular bodywork therapy services without an appropriate showing of competency as determined by the board; or (iv) services not recognized as bodywork therapy by the board or explicitly prohibited under section 265.  The term “advertise” as used in this section shall include, but not be limited to: (A) providing a card, sign or device to another; (B) causing, permitting, or allowing  a sign or marking on or in a building, vehicle or structure; (C) causing the placement of an advertisement in a newspaper, magazine or on television; or (D) listing or causing the placement of an advertisement in a directory under a classification or heading that includes the word “bodywork”.

Section 273.  A city or town may adopt ordinances or by-laws relative to health and safety of the practice of bodywork therapy not inconsistent with sections 265 to 272, inclusive; provided, however, that local ordinances pertaining to bodywork therapy in effect prior to the effective date of sections 265 to 272, inclusive, of the General Laws and that are consistent with and that may exceed the requirements of those sections may remain in effect.

SECTION 5.  Section 269 of said chapter 112 is hereby repealed.

SECTION 6.  Section 12 of chapter 120 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the figure “265”, in line 19, the following words:- ; or trafficking of persons for sexual servitude in violation of subsection (a) of section 50 of said chapter 265; or trafficking of persons for sexual servitude upon a person under 18 years of age in violation of subsection (b) of said section 50 of said chapter 265.

SECTION 7.  Section 90A of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “or section twenty-six” and inserting in place thereof the following words:- , section 26 or section 50.

SECTION 8.  Chapter 140 of the General Laws is hereby amended by adding the following section:-

Section 207. State police or members of the police department of a city or town may, upon appropriate legal process, enter and inspect any premises in a town where bodywork or bodywork therapy services are provided under chapter 112.

SECTION 9.  Section 4D of chapter 260 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 14, the figure “3” and inserting in place thereof the following figure:- 10.

SECTION 10. Section 50 of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(e) Upon the release of a person convicted of trafficking of persons for sexual servitude in violation of subsection (a) of section 50 of said chapter 265; or trafficking of persons for sexual servitude upon a person under 18 years of age in violation of subsection (b) of said section 50 of said chapter 265, the department of corrections or the county sheriff shall notify the chief of police of the city or town of which the person will reside and the chief of police of the city or town where the offense occurred.

SECTION 11.  Section 57 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “section 53A” and inserting in place thereof the following words:-  sections 8, 26 or 53A.

SECTION 12.  Chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby further amended by adding the following section:-

Section 59.  (a) At any time after the entry of a judgment of disposition on an indictment or criminal or delinquency complaint for an offense, excluding a felony offense, the court in which it was entered shall, upon motion of the defendant, vacate any conviction, adjudication of delinquency, or continuance without a finding and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, plea of delinquent, or factual admission tendered in association with one or more pleas upon a finding by the court, established by a preponderance of the evidence, that the defendant’s participation in the offense was a result of having been a victim of human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102.

(b)  For the purposes of this subsection, “official documentation” shall mean a document issued by a local, state or federal government agency in the agency’s official capacity.

Except as provided in this section, the defendant shall have the burden of establishing by a preponderance of the evidence that the defendant’s participation in the offense was the result of having been a victim of human trafficking.  If the conviction, adjudication of delinquency, or continuance without a finding was for an offense under sections 8, 26 or 53A of chapter 272 or common nightwalking or common streetwalking under section 53 of chapter 272, official documentation of the defendant’s status as a victim of human trafficking or trafficking in persons at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was a result of having been a victim of human trafficking or trafficking in persons; provided, however, that such documentation shall not be required for granting a motion under this section.

(c) In determining whether the defendant’s participation in the offense was a result of having been a victim of human trafficking, the court may consider any evidence it deems appropriate in determining whether the person was a victim of human trafficking.

(d) The rules concerning the admissibility of evidence at criminal trials shall not apply to the presentation and consideration of evidence at a hearing conducted pursuant to this section.  The court may, in its discretion, consider any evidence it deems relevant, including, but not limited to, hearsay evidence.

(e) Where a child under the age of 18 was adjudicated delinquent for an offense under sections 8, 26, 53 or 53A of chapter 272, based on allegations of prostitution, there shall be an irrebuttable presumption that the child’s participation in the offense was a result of having been a victim of human trafficking or trafficking in persons.

(f) A motion pursuant to this section may be heard by the justice that originally heard the matter or any sitting justice of the court that originally heard the matter.

(g) Upon vacatur of a conviction, adjudication of delinquency, or continuance without a finding, the court shall enter a plea of not guilty, except if the vacated conviction, adjudication of delinquency, or continuance without a finding was for an offense under sections 8, 26 or 53A of chapter 272 or for common nightwalking or common streetwalking under section 53 of chapter 272, in which case the court shall dismiss the indictment or criminal or delinquency complaint with prejudice.  Upon vacatur of a conviction, adjudication of delinquency, or continuance without a finding and the entrance of a plea of not guilty pursuant to this section, it shall be an affirmative defense to the charges against the defendant that the defendant’s participation in the offense was a result of having been a victim of human trafficking or trafficking in persons.

(h) The chief justice of the trial court shall prescribe the form in which a motion may be filed under this section.

(i) A conviction, adjudication of delinquency, or continuance without a finding vacated under this section shall be deemed to have been vacated on the merits.

SECTION 13.  Chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after section 87A the following section:-

Section 87B. (a) First offender commercial sexual exploitation prevention programs may be established and certified subject to appropriation.  A court and the district attorney may after arraignment and prior to the disposition of a defendant and with the approval of the district attorney divert the defendant charged with a first offense of subsection (b) or (c) of section 53A of chapter 272 to a first offender commercial sexual exploitation prevention program. The court shall continue the matter while the defendant fulfills the requirements of the program and shall retain jurisdiction pending the defendant’s successful completion of the program.

(b) The court shall determine if the defendant is eligible to participate in the first offender commercial sexual exploitation prevention program established pursuant to this section. The defendant shall not be eligible if the court determines that: (i) the defendant was convicted or admitted to sufficient facts of a previous violation of subsection (b) or (c) of section 53A of chapter 272 or a similar offense under the laws of another state; (ii) the defendant was previously admitted to a first offender commercial sexual exploitation prevention program under this section; (iii) the defendant has previously been charged with a violation of said subsection (b) or (c) of section 53A of said chapter 272 or a similar offense under the laws of another state and is awaiting adjudication of such offense; (iv) the defendant has been charged with, convicted of or admitted to sufficient facts of a violation of section 50 or 51 of chapter 265; or (v) the defendant is a registered sex offender under chapter 6 or under the laws of another jurisdiction.

(c) A first offender commercial sexual exploitation prevention program shall, at a minimum:  (i) provide each participant with information, counseling and services relating to: (A) the negative impact of commercial sex and sex trafficking on victims; (B) the negative impact of commercial sex and sex trafficking on communities;  (C) the health risks involved in commercial sexual exploitation, including the risk of sexually transmitted diseases and issues relating to mental health, substance abuse and sexual addiction;  (D) the legal consequence to the defendant; and  (E) classroom instruction related to the prevention of commercial sexual exploitation and organized crime and the sex industry;  (ii) employ persons or solicit volunteers that may include, but shall not be limited to, health care professionals, psychologists, licensed social workers or counselors, survivors of commercial sexual exploitation, members of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons or employees of a nongovernmental organization specializing in advocacy on laws related to sex trafficking or human trafficking or in providing services to victims of those offenses; (iii)  allow a participant to withdraw from the program at any time before a trial on the merits has been initiated; and (iv) certify to the court that the defendant has successfully completed the requirements of the program, has failed to complete the program or has withdrawn from the program.

(d) Upon successful completion of the program, the court may dismiss the charge against the defendant. Upon dismissal, the court may order the record of the defendant sealed.

(e) The court shall determine and assess an appropriate fee for participation in the first offender commercial sexual exploitation prevention program. The court shall not waive the fee but may, under section 100C of chapter 276 and its prevailing procedure and authority, reduce the fee based on a determination by the court that the defendant cannot pay the entire fee. The fee shall be distributed as follows: (i) 1/3 shall be transferred to the nonprofit organization certified by the commissioner of probation to conduct the program; (ii) 1/3 shall be transferred to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10; and (iii) 1/3 shall be transferred to the state or municipal law enforcement agency responsible for the arrest of the defendant which shall be used for human trafficking investigations and prevention and to fund mandatory training for law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services to victims of human trafficking and others providing direct services in the juvenile justice system and criminal justice system.

(f) The commissioner of probation shall review each organization that operates a first offender commercial sexual exploitation prevention program and shall certify that the program is operating under the requirements of subsection (c). The commissioner shall notify the administrative office of the trial court and the district attorney of all programs receiving such certification. Only programs certified by the commissioner shall be qualified to operate a program under this section. The commissioner, at the commissioner's discretion, may decertify a program for good cause and the commissioner shall notify the administrative office of the trial court of decertification.

SECTION 14. Chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after section 100D the following section:-

Section 100E. (a) In any case wherein a plea of not guilty has been entered by a court pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the defendant, seal said court appearance and disposition recorded, and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their files. Sealed records shall not operate to disqualify a person in any examination, appointment, or application for public employment in the service of the commonwealth or of any political subdivision.

(b) An application for employment used by an employer which seeks information concerning prior arrests or convictions or adjudications of delinquency of the applicant shall include in addition to the statement required under section 100A the following statement: ''An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to an inquiry herein relative to prior arrests or criminal court appearances.'' The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.  Notwithstanding this section or any other general or special law to the contrary, the commissioner of probation or the clerk of courts in any district court, superior court, juvenile court, or the Boston municipal court, in response to inquiries by authorized persons other than by a law enforcement agency or a court, shall in the case of a sealed record report that no record exists.

SECTION 15. (a) All state, county, municipal and campus police departments and other law enforcement agencies that report crime statistics to the executive office of public safety and security shall include statistics on the crimes of trafficking of persons for sexual servitude under section 50 of chapter 265 and trafficking of persons for forced service under section 51 of said chapter 265 to ensure compliance with reporting standards established by the Federal Bureau of Investigation Uniform Crime Reporting Program.

(b) The executive office of public safety and security shall promulgate regulations relative to the collection of human trafficking crime data.  Said regulations shall include, but not be limited to: (i) the responsibilities of the crime reporting unit, as defined by section 32 of chapter 22C, for the collection, analysis, classification reporting and retention of  human trafficking crime data in a central repository; (ii) the procedures necessary to ensure effective data-gathering, preservation and protection of confidential information including, but not limited to, victims’ private and identifying information, and the disclosure of information as required by this section; (iii) the procedures for reporting data on a standardized form to the crime reporting unit by law enforcement agencies; and (iv) the procedures for assessing the credibility and accuracy of reports of human trafficking from law enforcement agencies.

(c) The crime reporting unit shall analyze and summarize reports of human trafficking data received by the unit.  The crime reporting unit shall produce a report summarizing the data collected from law enforcement agencies which shall be submitted annually to the  governor, attorney general, the senate and house chairs of the joint committee on public safety, the senate and house chairs of the joint committee on the judiciary, the senate and house chairs of the committee on rules and the chairs of the senate and house committees on ways and means.  The report shall not include the names, locations or other identifying information of victims of human trafficking.  The annual report shall be a public record and shall be available on the executive office of public safety and security’s website.

(d) The crime reporting unit shall make data collected on human trafficking under this section available to federal, state and municipal agencies including, but not limited to, law enforcement agencies.  Data collected on human trafficking under this section shall be made available to the public.  The disclosed information shall not include the names, addresses or other identifying information of victims of human trafficking. 

(e) The district attorney for each county shall report on human trafficking data to the crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under sections 50 and 51 of chapter 265, including nationality, age, gender, and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender, and place of origin; (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the district attorney's jurisdiction.

(f) The attorney general shall report on human trafficking data to the crime reporting unit.  Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under sections 50 and 51 of chapter 265, including nationality, age, gender, and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender, and place of origin; (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the attorney general’s jurisdiction.             

(g) The executive office of public safety and security shall prescribe a standardized form for data collection under (e) and (f).

SECTION 16.  The executive office of public safety and security, in conjunction with the executive office of health and human services and the office of the attorney general, shall establish and maintain an independent website to disseminate information regarding human trafficking, human trafficking crime statistics and resources for victims of human trafficking.  Information available through the website shall not include the names, locations or other identifying information of victims of human trafficking.

SECTION 17. (a) Law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services and others providing direct services in the juvenile justice system and criminal justice system shall be trained in identifying and responding to human trafficking. The executive office public safety and security shall provide the training which shall include information on: (i) human trafficking offenses; (ii) methods used in identifying victims of human trafficking who may be United States citizens or foreign national citizens, including preliminary interview techniques and appropriate questioning methods; (iii) prosecuting human traffickers; (iv) increasing effective collaboration between the courts, nongovernmental organizations and other relevant social service organizations to assist in the investigation and prosecution of human trafficking cases; (v) protecting the rights of victims of human trafficking, including but not limited to specific consideration of human rights, female and minor victims; (vi) interacting with victims of human trafficking as crime victims rather than criminals; and (vi) promoting the safety of victims of human trafficking.  The training shall include information on the screening of individuals who may be victims of human trafficking and data collection protocols under section 12.

(b) The administrative office of the trial court shall provide mandatory training for judges, clerk-magistrates and court personnel.

(c) The executive office of public safety and security shall collaborate with nongovernmental organizations and other relevant organizations in the preparation and presentation of the training required pursuant to this section.

(d) The executive office of education shall implement mandatory educational training for educators in kindergarten through grade 12.  The training shall include information to assist educators in identifying victims of human trafficking and providing appropriate support to victims of human trafficking. The training shall be incorporated into professional development modules.  The executive office of education may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses.  The executive office of education shall also develop a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet. 

(e) The department of public health shall implement mandatory training for all health care professionals who are mandated reporters to assist in identifying human trafficking victims and the appropriate actions to be undertaken when such victims have been identified.  The department may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses.

SECTION 18. (a) The executive office of health and human services, in cooperation with the executive office of public safety and security, other agencies and nongovernmental organizations shall, subject to appropriation, prepare public awareness programs designed to educate potential victims of human trafficking and their families on the risks of victimization. The public awareness programs shall include, but not be limited to: (i) information about the risks of becoming a victim of human trafficking that uses best practices to prevent stigmatization of victims and includes information about common recruitment techniques, use of debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually-transmitted diseases and psychological harm related to victimization in human trafficking cases; (ii) information about victims’ rights under federal and state laws; (iii) methods for reporting suspected recruitment activities; and (iv) information on the types of services available to victims of human trafficking and how to access such services, including information on relevant hotlines, such as the National Human Trafficking Resource Center hotline.

(b) The executive office of health and human services, in cooperation with other appropriate government agencies and nongovernmental organizations, shall prepare and disseminate general public awareness materials to educate the public on the extent of human trafficking of both United States citizens and foreign nationals within the United States, to discourage the demand that fosters the exploitation of persons and that leads to human trafficking.

(c) General public awareness materials may include information on the impact of human trafficking on individual victims, whether United States citizens or foreign nationals; aggregate information on human trafficking worldwide and domestically; and warnings of the criminal consequences of engaging in human trafficking. Such materials may include pamphlets, brochures, posters, advertisements in mass media and any other appropriate media. 

(d) Programs and materials described in this section shall preserve the privacy of victims and their family members.

(e) All public awareness programs shall be evaluated periodically to ensure their effectiveness.

SECTION 19.  (a)  The Massachusetts Department of Transportation shall display public awareness signs that contain the National Human Trafficking Resource Center hotline, or its successor, in every transportation station, rest area and welcome center that is open to the public.

(b)  Public awareness campaign advertisements shall be displayed in a conspicuous location visible to the public and employees in the following facilities: (i) adult entertainment facilities and other businesses primarily dedicated to adult entertainment or sex-related products; (ii) facilities determined to be a nuisance for prostitution under section 4 of chapter 139; (iii) facilities licensed as massage establishments and facilities providing bodyworks and related therapies; (iv) nail salons;  (v) job recruitment centers; (vi) facilities operating as foreign transmittal agencies under chapter 169; (vii) hospitals; and (viii) emergency care providers.

(c) An employer who violates subsection (b) shall be punished by a fine of not more than $500 for a first offense and a fine of not more than $1,000 for a second or  subsequent offense. 

(d) The attorney general shall promulgate rules and regulations to enforce subsection (b).

SECTION 20.  The secretary of health and human services shall file an annual report not later than January 1 with the senate and house chairs of the joint committee on children, families and persons with disabilities, the chairs of the senate and house committees on ways and means and the chairs of the senate and house committees on rules outlining the adequacy and limitations of current services to meet the safety, support, housing, health, education and quality of life needs of human trafficking victims.  The report shall identify specialized needs of victims under the age of 18 including, but not limited to, the needs or current efforts to provide specialized foster care, other suitable housing arrangements, and services to safe guard children.  The report shall also identify current resources available at safe house facilities, including the number of beds, resources located on site, and number of victims served.  The initial report shall be filed no later than July 1, 2018.

SECTION 21.  Section 5 shall take effect on March 1, 2019.

SECTION 22.  Unless otherwise provided, this act shall take effect on September 1, 2017.