Budget Amendment ID: FY2019-S4-326

GOV 326

Musician Grant Program

Mr. O'Connor moved that the proposed new text be amended in section 2, by adding the following new item:-

7008-XXXX For a competitive annual grant program for 10 musicians that shall promote funding for the making of art, such as rehearsal space, recording studio time, and marketing; provided that the grant program shall be for musicians of any genre and from any education or experience background; and provided further, that the grantees shall be chosen by a panel of six peers and three Boston Music Business Leaders… $150,000


Budget Amendment ID: FY2019-S4-328

GOV 328

Pension Fund Performance and Accountability

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

SECTION __. Section 23 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in subsection (f) by inserting after the word “board.” the following words:- “The PRIM board shall approve all salary adjustments and bonus awards of the executive director. Any salary increase or bonus award of the executive director must receive unanimous approval of the PRIM board. The board shall not approve a salary increase of more than 10 per cent or a bonus award of more than 20 per cent.”


Budget Amendment ID: FY2019-S4-329

GOV 329

George Fingold State Library

Messrs. Eldridge and O'Connor moved that the proposed new text be amended in section 2, in item 1120-4005, by striking out the figure “$884,540” and inserting in place thereof the following figure:- “$984,540”.


Budget Amendment ID: FY2019-S4-330

GOV 330

District Local Technical Assistance I

Messrs. Eldridge, Ross, Brownsberger, Rush, Barrett and Lewis, Ms. Friedman, Messrs. Crighton, Boncore, Hinds and Humason, Ms. Gobi, Messrs. Welch, Keenan and Timilty moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting after the word "distribution" the following:-

"; provided further, that not less than $3,400,000 shall be expended for the District Local Technical Assistance Fund established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund”;

and by striking out the figure “$4,400,000” and inserting in place thereof the following figure:- “$7,800,000”.


Budget Amendment ID: FY2019-S4-330-R1

Redraft GOV 330

District Local Technical Assistance I

Messrs. Eldridge, Ross, Brownsberger, Rush, Barrett and Lewis, Ms. Friedman, Messrs. Crighton, Boncore, Hinds and Humason, Ms. Gobi, Messrs. Welch, Keenan, Timilty, Tarr, Tran, DiDomenico and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting after the word "distribution" the following:-

"; provided further, that not less than $3,400,000 shall be expended for the District Local Technical Assistance Fund established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund”; and

in said section 2, in said item 1599-0026, by striking out the figure “$4,400,000” and inserting in place thereof the following figure:- “$7,800,000”; and

by adding the following section:-

SECTION XX. Section 2XXX of Chapter 29 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 21 and 22 the words “, but not more than $2,800,000 in the aggregate in any fiscal year,”.


Budget Amendment ID: FY2019-S4-332

GOV 332

Volunteer Income Tax Assistance

Messrs. Eldridge, Lewis, Moore, Welch and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1201-0100, by inserting after the words "municipal data bank" the following:- “; and provided, further, that not less than $800,000 shall be expended to organizations providing tax assistance services to individuals and families qualifying for the Volunteer Income Tax Assistance Program, in partnership with the Internal Revenue Service, for the provision of said services";

and in said item by striking out the figure "$78,804,752" and inserting in place thereof the following figure:- "$79,604,752".


Budget Amendment ID: FY2019-S4-333

GOV 333

Underground Storage Tank Remediation

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

SECTION XX. Subsection (d) of section 9 of Chapter 21J of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 25 and 29, the words “property damage,”.

SECTION XX. Section 5 of chapter 21O of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in line 15 by inserting after the words “twenty-one E;” the following:-

provided, further, that such corrective action may include financial reimbursement to the owners of surrounding property who have sustained property damage due to negligent release.


Budget Amendment ID: FY2019-S4-334

GOV 334

Uniform Law Commission

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

"1599-2003 For the Uniform Law Commission; provided, that prior fiscal year payments may be payable from this item ……………… .................. $50,000"


Budget Amendment ID: FY2019-S4-335

GOV 335

GIC Surplus Premium Cost Reduction

Messrs. O'Connor and Ross moved that the proposed new text be amended in section 2E, by adding the following new section:-

"SECTION XX. Section 9 of Chapter 32A of the General Laws is hereby amended by striking the second paragraph and inserting thereof the following:-

"If, after applying the above formula, it is determined that the administrative cost allocable to the commonwealth is greater than the dividend, other refund or rate credits received, the entire amount thus received shall, upon authorization by the commission, be paid into the group insurance commission trust fund and shall be allocable (1) to the commonwealth's net share of the premium paid, and (2) to the federal or other funds contributed in the place of the commonwealth's gross share of the premium cost, after deducting the pro rata administrative cost."

Said section is further amended by striking the words "General Fund" in line 40 and inserting thereof the following words:-

"group insurance commission trust fund""


Budget Amendment ID: FY2019-S4-336

GOV 336

Consultant Expenses

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

SECTION __. Subsection (b) of section 14C of chapter 7 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out paragraphs (6) and (7) and inserting in place thereof the following new paragraphs:-

(6) the reports required by subsection (j) of section 6 of chapter 7C;

(7) the names and salaries of all experts, technical consultants and other assistants, as defined in section 7 of chapter 6A, employed by executive offices; and

(8) any other relevant information specified by the secretary.

SECTION __. Section 7 of chapter 6A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following:-

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


Budget Amendment ID: FY2019-S4-337

GOV 337

Suffolk Registry of Deeds

Messrs. Rush and Cyr moved that the proposed new text be amended in section 2, in item 0540-1900, by striking out the figures “$1,925,170” and inserting in place thereof the figures:- “$2,025,170”.


Budget Amendment ID: FY2019-S4-338

GOV 338

Civil Service and Physical Abilities Exam Space

Messrs. Rush, Brownsberger and Feeney, Ms. Friedman, Messrs. Brady, Crighton and Moore, Ms. Gobi, Mr. Lewis, Ms. L'Italien, Messrs. Timilty, Tarr, O'Connor, Welch, DiDomenico, Montigny and Cyr moved that the proposed new text be amended in section 2, in item 1750-0300, by adding the following item:

"1750-0928  For the cost to lease or rent space to administer the Civil Service Physical Abilities Tests and to revalidate Civil Service exams, including police and fire medical standards.........................................................................................................$500,000"


Budget Amendment ID: FY2019-S4-339

GOV 339

Executive Employee Compensation

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

SECTION __. Chapter 6A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following new section:-

Section 105. If an executive officer or employee of an executive office is to be compensated at an annual rate higher than $200,000, such compensation shall not be paid out of the executive office’s operating budget. All such compensation shall be funded by a separate line-item, as defined in section 1 of chapter 29.


Budget Amendment ID: FY2019-S4-339-R1

Redraft GOV 339

Executive Employee Compensation

Messrs. Ross and O'Connor moved that the proposed new text be amended in section 2, in item 8910-8300, by striking out the figures “$44,622,625” and inserting in place thereof the figures “$54,564,379”


Budget Amendment ID: FY2019-S4-340

GOV 340

GIC Dental & Vision Benefits for Municipal Employees

Messrs. Keenan, Lewis, Ross, Rodrigues and Timilty, Ms. Gobi, Mr. O'Connor and Ms. L'Italien moved that the proposed new text be amended by inserting after section ___ the following sections: -

“SECTION __. Section 19 of chapter 32B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after subsection (j), the following subsection:-

(k) Notwithstanding any other general or special law to the contrary, agreements reached by an appropriate public authority and the public employee committee under subsection (a) to transfer all subscribers to the commission under subsections (e) and (f), may be modified by further agreement  to allow active employees and their dependents to enroll in the dental and vision insurance plan provided by the commission to retirees, surviving spouses and their dependents under subsection (j),with premium contribution ratios and administrative fees for active employees and their dependents to be negotiated by said appropriate public authority and public employee committee. The commission shall provide dental insurance coverage, under its plan for retirees, surviving spouses and their dependents insured under Chapter 32A, to active employees and their dependents who elect the coverage under this subsection, as it so provides health insurance coverage under sections (e) and (f).  The commission may charge an administrative fee, which shall not be more than 1 percent of the cost of total dental insurance premiums for the active employees and their dependents who enroll in the dental plan under this section, to be determined by the commission which shall be considered as part of the cost of coverage for purposes of determining the contributions of the political subdivision and its active employees and their dependents to the cost of insurance coverage by the commission.

 

SECTION __. Section 23 of said chapter 32B, as so appearing, is hereby amended by inserting after subsection (i), the following subsection:-

(j) Notwithstanding any other general or special law to the contrary, agreements reached by an appropriate public authority and the public employee committee to transfer all subscribers, for whom the authority provides health insurance coverage, to the commission under this section, may be modified by further agreement to allow active employees and their dependents to enroll in the dental and vision insurance plan provided by the commission to retirees, surviving spouses and their dependents under subsection (i),with premium contribution ratios and administrative fees for active employees and their dependents to be negotiated by said appropriate public authority and public employee committee. The commission shall provide dental insurance coverage, under its plan for retirees, surviving spouses and their dependents insured under Chapter 32A, to active employees and their dependents who elect the coverage under this subsection, as it so provides health insurance coverage under this section.  The commission may charge an administrative fee, which shall not be more than 1 percent of the cost of total dental insurance premiums for the active employees and their dependents who enroll in the dental plan under this section, to be determined by the commission which shall be considered as part of the cost of coverage for purposes of determining the contributions of the political subdivision and its active employees and their dependents to the cost of insurance coverage by the commission.”


Budget Amendment ID: FY2019-S4-342

GOV 342

Antique Motor Vehicle Inspections

Messrs. Feeney and O'Connor moved that the proposed new text be amended "SECTION XXXX. Section 7A of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding at the end of the first paragraph the following:-

 

The registrar shall adopt rules and regulations to exempt antique automobiles that are 75 years old or older, whose owners are members of a recognized antique automobile club, from the annual vehicle safety inspection program. Said antique automobiles shall be actively registered with an antique or year of manufacture registration plate to qualify for this exemption. An antique automobile exempt under this section that changes ownership shall be required to have a vehicle safety inspection performed within seven days of being registered by the new owner.".


Budget Amendment ID: FY2019-S4-343

GOV 343

Department of Labor Relations

Messrs. Feeney, Brady, Hinds and Moore, Ms. Friedman, Messrs. DiDomenico and Timilty, Ms. L'Italien, Messrs. O'Connor, Welch, Montigny and Cyr moved that the proposed new text be amended in section 2, in item 7003-0900, by striking out the figures “$2,616,287” and inserting in place thereof the following figures "$2,712,868".

 


Budget Amendment ID: FY2019-S4-344

GOV 344

Joint Labor Management Committee for Municipal Police and Fire

Messrs. Feeney, Moore and Brady, Ms. Friedman, Messrs. DiDomenico and Timilty, Ms. L'Italien, Messrs. O'Connor, Montigny, Cyr and Crighton moved that the proposed new text be amended in section 2, in item 7003-0901, by striking out figures "$129,267" and inserting in place thereof the figures "$250,000".


Budget Amendment ID: FY2019-S4-344-R1

Redraft GOV 344

Joint Labor Management Committee for Municipal Police and Fire

Messrs. Feeney, Moore and Brady, Ms. Friedman, Messrs. DiDomenico and Timilty, Ms. L'Italien, Messrs. O'Connor, Montigny, Cyr and Crighton moved that the proposed new text be amended in section 2, in item 7003-0901, by striking out the figure “$129,267” and inserting in place thereof the following figure:- “$250,000”.


Budget Amendment ID: FY2019-S4-344-R2

2nd Redraft GOV 344

Joint Labor Management Committee for Municipal Police and Fire

Messrs. Feeney, Moore and Brady, Ms. Friedman, Messrs. DiDomenico and Timilty, Ms. L'Italien, Messrs. O'Connor, Montigny, Cyr and Crighton moved that the proposed new text be amended in section 2, in item 7003-0902, by striking out the figure “$129,267” and inserting in place thereof the following figure:- “$250,000”.


Budget Amendment ID: FY2019-S4-345-R1

Redraft GOV 345

DCAMM Leasing

Messrs. Tarr, Humason and Fattman and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, by inserting the following sections:-

“SECTION XX: Section 35 of chapter 7C of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by striking out, in lines 11 and 12, the words, "a term not exceeding 10 years," and inserting in place thereof the following words:- an initial term not exceeding 10 years with two 5-year extensions provide, further, that when the department of capital management and maintenance recommends a new site for any state office, said department shall be responsible to provide the same level of security for said new site and for the protection of the citizens visiting said new site.”

SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by striking out  subsection (b).”.

 


Budget Amendment ID: FY2019-S4-345-R2

2nd Redraft GOV 345

DCAMM Leasing

Messrs. Tarr, Humason and Fattman and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, by inserting the following sections:-

“SECTION XX: Section 35 of chapter 7C of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by striking out, in lines 11 and 12, the words, "a term not exceeding 10 years," and inserting in place thereof the following words:- an initial term not exceeding 10 years with two 5-year extensions provide, further, that when the department of capital management and maintenance recommends a new site for any state office, said department shall be responsible to provide the same level of security for said new site and for the protection of the citizens visiting said new site.”

SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by striking out  subsection (b).”.

 


Budget Amendment ID: FY2019-S4-345-R3

3rd Redraft GOV 345

DCAMM Leasing

Messrs. Tarr, Humason and Fattman and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, by inserting the following sections:-

“SECTION XX: Section 35 of chapter 7C of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by striking out, in lines 11 and 12, the words, "a term not exceeding 10 years," and inserting in place thereof the following words:- an initial term not exceeding 10 years with two 5-year extensions provide, further, that when the department of capital management and maintenance recommends a new site for any state office, said department shall be responsible to provide the same level of security for said new site and for the protection of the citizens visiting said new site.”

SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by striking out  subsection (b).”.

 


Budget Amendment ID: FY2019-S4-345

GOV 345

DCAMM Leasing

Messrs. Tarr, Humason and Fattman moved that the proposed new text be amended in section 2, by inserting the following sections:-

“SECTION XX: Section 35 of chapter 7C of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by striking out, in lines 11 and 12, the words, "a term not exceeding 10 years," and inserting in place thereof the following words:- an initial term not exceeding 10 years with two 5-year extensions.

SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by striking out  subsection (b).”.


Budget Amendment ID: FY2019-S4-346

GOV 346

DCAMM CoFFEE

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

 

“SECTION XX:    Said chapter 10 is hereby further amended by inserting after section

35DDD, inserted by section 6 of chapter 121 of the acts of 2016, the following section:-

Section 35EEE. There shall be established and set up on the books of the commonwealth a separate expendable trust, to be known as the Commonwealth Facility Trust for Energy Efficiency, hereinafter in this section referred to as the trust. There shall be credited to the trust: (i) amounts paid by agencies having completed energy or water efficiency projects funded at least in part by monies disbursed from the trust; (ii) any monies received by the commonwealth from persons or governmental, quasi-governmental or non-governmental entities as rebates, credits, securities, grants, or the like as a result of enhancing energy efficiency and utilizing renewable energy applications in facility projects funded at least in part by monies disbursed from the trust; and (iii) any appropriations, bond proceeds, or other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the trust at the direction of the secretary of administration and finance, in consultation with the commissioner of the division of capital asset management and maintenance,  without further appropriation, for the purpose of funding certain small and medium energy and water efficiency projects at state facilities identified by the division of capital asset management and maintenance. The secretary of administration and finance or the commissioner of the division of capital asset management and maintenance may require agencies to agree to repayment terms, including without limitation payment of administrative fees, as a condition of receipt of monies from the trust. All monies received from non-governmental parties by the division of capital asset management and maintenance under this section shall be by check made payable to the commonwealth of Massachusetts and deposited in the trust by the division of capital asset management and maintenance. Amounts credited to the trust shall not be subject to further appropriation.  Money remaining in the trust at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.


Budget Amendment ID: FY2019-S4-347

GOV 347

Somerset Veteran's Department

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 1410-0010, by inserting at the end thereof the following: “provided further, that not less than $10,000 be allocated to the Somerset Veteran’s Department for the implementation of veteran grave identification software”; and in said item by striking out the figures “$3,557,840” and inserting in place thereof the figures “$3,567,840”.


Budget Amendment ID: FY2019-S4-348

GOV 348

Increasing the membership of the PRIM board

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

“SECTION __. Subsection (2A) of section 23 of chapter 32 of the General Laws as appearing in the 2016 Official Edition is hereby amended by striking out in line 187, the word "nine" and inserting in place thereof the word "eleven".

SECTION __. Subsection (2A) of section 23 of chapter 32 as so appearing is hereby amended by inserting after the word "Governor", in line 203 the following words:-

"two elected by members of the Executive Board of the Massachusetts Association of Contributory Retirement Systems: from systems that have funds in the PRIT Fund; one from a regional or county board, and one from a municipal retirement board."


Budget Amendment ID: FY2019-S4-349

GOV 349

DCAMM Leasing Amendment

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

“SECTION XX: Section 35 of chapter 7C of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by striking out, in lines 11 and 12, the words, "a term not exceeding 10 years," and inserting in place thereof the following words:- an initial term not exceeding 10 years with two 5-year extensions.

SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by striking out  subsection (b).”.


Budget Amendment ID: FY2019-S4-350

GOV 350

Bureau of Program Integrity

Messrs. Moore, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 0910-0220, by striking out the figure “$454,480” and inserting in place thereof the following figure:- “$499,980”.


Budget Amendment ID: FY2019-S4-351

GOV 351

EMAC Supplemental Tax Credit

Messrs. Tarr, Humason, Pacheco, Hinds, Tran, Moore, O'Connor, Ross and Fattman moved that the proposed new text be amended moves to amend the bill by inserting after section 14, the following 3 sections:-

SECTION 14A. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(u)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly indicates otherwise:

"ConnectorCare", a program administered by the commonwealth health insurance connector authority established pursuant to chapter 176Q to provide premium assistance payments and point-of-service cost-sharing subsidies to residents of the commonwealth eligible pursuant to said chapter 176Q.

"Employer Medical Assistance Contribution Supplement" or "EMAC Supplement", a monetary amount actually paid by a taxpayer to the department of unemployment assistance pursuant to section 189A of chapter 149.

"Employer Shared Responsibility Payment", a monetary amount actually paid by a taxpayer to the Internal Revenue Service pursuant to 26 U.S.C. § 4980H as an assessment for employees domiciled in the commonwealth.

"Full-time employee", shall have the same meaning as defined in 26 U.S.C. § 4980H(c)(4).

"Taxpayer", an employer as defined in section 1 of chapter 151A subject to the income tax under this chapter.

(2) Except as otherwise limited by paragraph (3), where a taxpayer pays both the EMAC supplement and the employer shared responsibility payment in the same taxable year, a taxpayer shall be allowed a refundable credit against the tax liability imposed under this chapter in an amount equal to $750 times the lesser of: (i) the number of Massachusetts employees for which the taxpayer pays the employer shared responsibility payment in the taxable year, or (ii) the number of full-time employees on ConnectorCare for which the taxpayer pays the EMAC supplement in the taxable year.

(3) The aggregate amount of credit available to a taxpayer in a taxable year under this subsection shall not exceed the lesser of: (i) the aggregate employer shared responsibility payment paid by the taxpayer in the taxable year, or (ii) the aggregate EMAC supplement paid by the taxpayer in the taxable year for full-time employees on ConnectorCare.

(4) The taxpayer may claim the credit only in the taxable year in which the taxpayer pays both the EMAC supplement and the employer shared responsibility payment, without regard to the years or other periods for which liabilities for such payments accrued.

(5) Where the credit allowed to a taxpayer exceeds the liability otherwise due under this chapter, 100 per cent of the balance of that credit may, at the option of the taxpayer, be refunded to the taxpayer for the taxable year in which the credit is claimed or may be applied by the taxpayer to its estimated liability for the subsequent taxable year.

(6) The credit shall not be transferrable.

(7) For the purpose of this subsection, any deduction from gross income that may otherwise be taken with respect to any expenditures qualifying for the credit is disallowed to the extent that such expenditure is taken into account in the calculation of the credit.

(8) Notwithstanding the provisions of section 21 of chapter 62C and section 46 of chapter 151A, the department of unemployment assistance and the department of revenue shall conduct data matches for the purposes of administering this section.

(9) The commissioner shall, in consultation with the department of unemployment assistance, promulgate regulations to implement this section.

(10) The credit provided for in this subsection shall apply to taxable years beginning on or after January 1, 2018 and before January 1, 2020.

 

And moves to further amend the bill by inserting after section 15, the following section:-

SECTION 15A.    Chapter 63 of the General Laws is hereby amended by inserting after section 38FF the following section:-

Section 38GG. (a) As used in this section, the following words shall have the following meanings unless the context clearly indicates otherwise:

"ConnectorCare", a program administered by the commonwealth health insurance connector authority established pursuant to chapter 176Q to provide premium assistance payments and point-of-service cost-sharing subsidies to residents of the commonwealth eligible pursuant to said chapter 176Q.

"Employer Medical Assistance Contribution Supplement" or "EMAC Supplement", a monetary amount actually paid by a taxpayer to the department of unemployment assistance pursuant to section 189A of chapter 149.

"Employer Shared Responsibility Payment", a monetary amount actually paid by a taxpayer to the Internal Revenue Service pursuant to 26 U.S.C. § 4980H as an assessment for employees domiciled in the commonwealth.

"Full-time employee", shall have the same meaning as defined in 26 U.S.C. § 4980H(c)(4).

"Taxpayer", an employer as defined in section 1 of chapter 151A subject to an excise imposed by this chapter.

(b) Except as otherwise limited by subsection (c), where a taxpayer pays both the EMAC supplement and the employer shared responsibility payment in the same taxable year, a taxpayer shall be allowed a refundable credit against the tax liability imposed under this chapter in an amount equal to $750 times the lesser of: (i) the number of Massachusetts employees for which the taxpayer pays the employer shared responsibility payment in the taxable year, or (ii) the number of full-time employees on ConnectorCare for which the taxpayer pays the EMAC supplement in the taxable year.

(c) The aggregate amount of credit available to a taxpayer in a taxable year under this section shall not exceed the lesser of: (i) the aggregate employer shared responsibility payment paid by the taxpayer in the taxable year, or (ii) the aggregate EMAC supplement paid by the taxpayer in the taxable year for full-time employees on ConnectorCare.

(d) The taxpayer may claim the credit only in the taxable year in which the taxpayer pays both the EMAC supplement and the employer shared responsibility payment, without regard to the years or other periods for which liabilities for such payments accrued.

(e) Where the credit allowed to a taxpayer exceeds the liability otherwise due under this chapter, 100 per cent of the balance of that credit may, at the option of the taxpayer, be refundable to the taxpayer for the taxable year in which the credit is claimed or may be applied by the taxpayer to its estimated liability for the subsequent taxable year. The credit allowed to a taxpayer shall not be subject to section 32C.

(f) The credit shall not be transferrable.

(g) For the purpose of this section, any deduction from gross income that may otherwise be taken with respect to any expenditures qualifying for the credit under this section is disallowed to the extent that such expenditure is taken into account in the calculation of the credit.

(h) Notwithstanding the provisions of section 21 of chapter 62C and section 46 of chapter 151A, the department of unemployment assistance and the department of revenue shall conduct data matches for the purposes of administering this section.

(i) The commissioner shall, in consultation with the department of unemployment assistance, promulgate regulations to implement this section.

(j) The credit provided for in this section shall apply to taxable years beginning on or after January 1, 2018 and before January 1, 2020.

And moves to further amend the bill by inserting the following 2 sections:-

SECTION 62A. A taxpayer may claim a credit in a taxable year pursuant to subsection (u) of section 6 of chapter 62 of the General Laws, as inserted by section 29, or section 38GG of chapter 63 of the General Laws, as inserted by section 30, but not both. Any EMAC supplement or employer shared responsibility payment may not be taken into account in calculating more than 1 credit by a taxpayer or combination of taxpayers. The terms used in this section shall have the meanings defined in said subsection (u) of said section 6 of said chapter 62 and said section 38GG of said chapter 63.

SECTION X . Sections 14AA, 15A and 62A shall take effect on January 1, 2018.


Budget Amendment ID: FY2019-S4-352

GOV 352

Early Voting

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

"SECTION _. Section 25B of Chapter 54 of the General Laws is hereby amended by inserting at the end thereof the following new subsection:-

“(r) The commonwealth shall reimburse each city and town to the full extent of the amounts expended for mandated early voting procedures and operations. The state treasurer shall annually, on or before July 1st of the year following the election for which reimbursement is being sought, pay to cities and towns, the sums required for such reimbursement and approved by the secretary of state pursuant to section 2 herein. Each city and town may establish an Early Voting Reimbursement Fund. Reimbursements made by the commonwealth pursuant to this section may be deposited into the fund and may carry forward for 1 fiscal year.”

SECTION _. Section 25B of Chapter 54 of the General Laws is hereby amended by inserting in subsection (o) the following at the end thereof:-

“including the means to seek, process and approve reimbursement subject to subsection (r)”


Budget Amendment ID: FY2019-S4-352-R1

Redraft GOV 352

Early Voting

Messrs. Tarr, Humason, Timilty, O'Connor and Fattman moved that the proposed new text be amended by inserting after section 13 the following section:-

“SECTION 13A. Section 25B of chapter 54 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(r) The commonwealth shall pay to each city and town an amount sufficient to defray the actual costs imposed on the city or town under this section for additional personnel hired to staff the mandated early voting polling location, hourly municipal staff working outside their normal business hours to staff the mandated early voting polling location, overtime for hourly municipal staff working beyond regular hours to set up or take down early voting polling locations and overtime for hourly municipal staff working beyond regular hours to input data into the state secretary’s voter registration information system.  Annually, not later than September 15, the state auditor shall determine and deliver to the state secretary a statement of the incremental costs attributed to this section and estimated to be incurred by each city and town in the next fiscal year.  The state secretary shall include in the budget recommendations for such fiscal year a request for an appropriation in an amount equal to such estimated costs and shall distribute to each city or town its share of any such appropriated funds not more than 30 days prior to the date upon which those costs shall be incurred by the city or town.  Funds so distributed to each city or town shall be deposited in the general fund of the city or town and shall be expended without further appropriation by the city or town to meet costs incurred by it under this act.”.


Budget Amendment ID: FY2019-S4-353

GOV 353

Veterans' Cemetery Continued Revenue

Ms. Gobi moved that the proposed new text be amended in section 2, in item 1410-0018, by adding the following words:- ", prior appropriation continued".


Budget Amendment ID: FY2019-S4-354

GOV 354

Administration and Finance Information Technology Services

Messrs. deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 1100-1700, by striking the figure "$25,275,516" and inserting in place thereof the following figure:- "$26,057,233".


Budget Amendment ID: FY2019-S4-355

GOV 355

Health and Welfare Funds

Messrs. deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 1750-0300, by striking the figure "$30,893,194" and inserting in place thereof the following figure:- "$31,093,194".


Budget Amendment ID: FY2019-S4-356

GOV 356

Human Resources Division

Messrs. deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 1750-0100, by striking the figure "$3,558,437" and inserting in place thereof the following figure:- "$4,063,668".


Budget Amendment ID: FY2019-S4-357

GOV 357

LLC Filing Fees

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

"SECTION XX. Section 12 of chapter 156C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 42, the words "five hundred" and inserting in place thereof the following:- "two hundred fifty".


Budget Amendment ID: FY2019-S4-358

GOV 358

War Memorials Increased Funding

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 1410-1616, by striking the figure, "$95,000" and inserting the following figure:-"$160,000"


Budget Amendment ID: FY2019-S4-359

GOV 359

Employee Vacation and Earned Sick Leave Credit Task Force

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

"SECTION __. There shall be established an employee vacation and earned sick leave credit task force to study and make recommendations on establishing a uniform state policy regarding the cash out of vacation and sick leave credits applicable to employees of the commonwealth who are in positions that are not subject to collective bargaining agreements.  The task force shall be comprised of the following 11 members or their designees:  the secretary of administration and finance who shall serve as chair; the administrator of the trial court; the colonel of state police; the chair of the board of higher education; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the senate president; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 3 persons to be appointed by the governor, 1 of whom shall have experience in labor law.

The task force shall study and make recommendations on establishing the following uniform policies and shall examine the practices of neighboring states:  (i) rate of accrued sick leave; (ii) cash out of sick leave credit upon retirement; (iii) payment of sick leave credits upon the death of an employee; and (iv) transfer of sick leave credits from other political subdivisions of the commonwealth.  In addition, the task force shall study the feasibility of establishing an extended illness leave bank for all employees of the commonwealth.

The task force shall convene not later than 30 days after the effective date of this act and shall file its recommendations with the clerks of the house of representatives and senate not later than December 31, 2018."


Budget Amendment ID: FY2019-S4-359-R1

Redraft GOV 359

Employee Vacation and Earned Sick Leave Credit Task Force

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

There shall be a sick time working group to analyze the effects of implementing a vacation and sick leave credit cap for state employees. The working group shall be comprised of the following members or their designees: the secretary of administration and finance or their designee, the personnel administrator; the director of the human resources division; the chairs of the joint committee on public service or their designees; the ranking minority members of the joint committee on public service or their designees; and 2 additional persons appointed by the governor, 1 of whom shall be nominated by the National Association of Government Employees and 1 of whom shall be nominated by the Massachusetts AFL-CIO.

The working group shall issue a report on the costs, benefits and legality of prohibiting an employee of the commonwealth who has accrued more than a set number of hours of unused vacation and sick leave credits from being allowed to accrue additional vacation or sick leave hours.  The report shall include, but not be limited to, an analysis of relevant labor laws and existing agreements between employer groups and the commonwealth.  The report shall include a comparison of vacation and sick leave polices in other states and other public and private employers in the commonwealth, including a specific analysis of other state laws pertaining to accrued vacation and sick leave credits of employees represented by an employer representative group.  The report and any recommendations for legislation shall be filed with the clerks of the senate and house of representatives and with the chairs of the joint committee on public service not later than December 1, 2019.


Budget Amendment ID: FY2019-S4-361

GOV 361

Energy Conservation

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 1102-3199, by adding the following at the end thereof:

 

, provided, that the department shall work to identify opportunities and strategies to conserve energy used for space conditioning and electricity in buildings occupied by state agencies throughout the Commonwealth, and to recommend actions to capture such opportunities and implement such strategies to the House and Senate Committees on Ways and Means, the Secretary of Administration and Finance, and the clerks of the house and senate


Budget Amendment ID: FY2019-S4-362

GOV 362

Excess Revenue for Local Aid

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

“SECTION __.  Notwithstanding any general or special law to the contrary, in the event state tax revenues for fiscal year 2019 exceed $22,982,400,000, the treasurer shall make fifty percent of the excess revenue, up to $100,000,000, available to cities and towns; provided, the excess revenue shall be distributed on a proportional basis pursuant to the distribution of unrestricted general government aid, as prescribed in section 3 of the annual general appropriations act; provided, the treasurer shall notify the house and senate chairs of the committees on ways and means, the house and senate chairs of the joint committee on education, the commissioner of revenue, the secretary of education, and the secretary of administration and finance of any distribution which is made according to this section not less than 30 days prior to the date such distribution is implemented.”.


Budget Amendment ID: FY2019-S4-363

GOV 363

Green LED Light Study

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

Section _. Notwithstanding any special or general law to the contrary, the operational services division in consultation with the division of capital asset management shall conduct a study and develop a plan to implement the use of light-emitting diode, or LED, lights in all buildings owned or leased by commonwealth.

Said study and plan along with any recommendations shall be completed and submitted to the clerks to the house and senate to ensure that the transition to the use of light-emitting diode, or LED lights is completed within 18 months from the enactment of this act.


Budget Amendment ID: FY2019-S4-364

GOV 364

Financial Literacy

Messrs. Barrett, Eldridge, Lewis, Tarr and O'Connor, Ms. L'Italien, Messrs. Collins, Cyr and DiDomenico moved that the proposed new text be amended in section 2, in item 0610-0010, by adding the following words:- “; provided, that $60,000 shall be expended for Budget Buddies, Inc. in the town of Chelmsford to operate a program that mentors and teaches financial literacy to low-income women”; and

In said section 2, in said item 0610-0010, by striking out the figure “$435,000” and inserting in place thereof the following figure:- “$495,000”.


Budget Amendment ID: FY2019-S4-365

GOV 365

County Government Fiscal Stability

Messrs. Rush, Keenan, Brady, Ross, Feeney, Crighton, Moore, O'Connor and Cyr moved that the proposed new text be amended by adding the following new section:-

“SECTION XX. SECTION 1. Chapter 262 of the General Laws is hereby amended by striking out section 38, as so appearing, and inserting in place thereof the following section:-

Section 38. The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit shall be as follows:

For entering and recording any paper, certifying the same on the original, and indexing it and for all other duties pertaining thereto, $60;

For recording a declaration of trust, $210;

For recording a deed or conveyance, $110;

For recording a mortgage, $160;

For recording a declaration of homestead, $40;

For recording and filing a plan, $60 per sheet; and

For all copies of documents, whether copied out of books or generated electronically, $1 per page, and all coin operated copy machines shall be $.50 per page.

The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit, shall be subject to a surcharge under section 8 of chapter 44B.

SECTION 2. Chapter 262 of the General Laws is hereby amended by striking out section 39, as so appearing, and inserting in place thereof the following section:-

Section 39. The fees payable under chapter one hundred and eighty-five shall be as follows:

For the entry of every original petition, complaint or writ and transmitting it to the recorder, when filed with an assistant recorder, $240. For the entry of complaint to foreclose tax lien $200.

An additional fee of $90 shall be paid for the issuance of an injunction or restraining order.

For every plan filed in an original proceeding, $70, and for every new plan filed after original registration, or for making a new plan filed under an original registration, or for making a new plan on request of a registered owner, thirty dollars, plus five dollars for each lot shown on said plan.

The filing fee in the registry of deeds upon receipt from the recorder of the land court department of a plan or copy of a plan shall be $60 per sheet.

For indexing an instrument recorded while a petition for registration is pending, $7.

For examining title, on a petition to register land, or on a petition to register easements or rights in land, the actual amount charged or allowed therefor to the examiner by the court.

For each notice by mail, $5 plus the actual cost of printing.

For all services by a sheriff or deputy sheriff under provisions of chapter one hundred and eighty-five, the same fees as are provided by law for like services.

For each notice by publication, $5 plus actual cost of publication.

For entry of an order dismissing a petition for registration of title, or for foreclosure of a tax title, or a decree of foreclosure of a tax title or of redemption, and sending a memorandum to the assistant recorder, $35.

For entry of a decree of registration and sending a memorandum to the assistant recorder, three-eighths of one percent of the assessed value of the property registered, on the basis of the last assessment for municipal taxation, in addition to any sum payable under section ninety-nine of chapter one hundred and eighty-five, but in no one proceeding shall the amount payable under this paragraph be less than $70 nor more than $2,800.

For the entry of an original certificate of title, including issue of one duplicate, $70.

For the entry of a new certificate of title, including issue of one duplicate, $110.

For filing and registering an adverse claim, $60.

For filing a sewer assessment, $60 for each document and $5 for each additional certificate affected.

For filing and registering a mortgage, $160.

For entering statement of change of residence or post office address, including endorsing and attesting it on a duplicate certificate, twenty dollars.

For entering any note in the entry book or in the registration book, twenty dollars.

For every petition after the original registration, $50.

For a certified copy of any decree or registered instrument, the same fees as are provided for registers of deeds.

For the registration of all other instruments, whether single or in duplicate or triplicate, including entering, indexing and filing it and attesting to the registration thereof, and also making and attesting a copy of memorandum on one instrument or a duplicate certificate when required, except as otherwise provided, $60, and $60 for the making and attesting of a copy of memorandum on each additional certificate and duplicate.

For noting the registration of any instrument on each other certificate and duplicate in addition to the first certificate duplicate, $60.

The fees of the assistant recorder, except as otherwise provided, to be paid when the instrument is left for registering, filing or entering with respect to registered land shall be subject to a surcharge under section 8 of chapter 44B.

The fee for filing a declaration of homestead shall be $40.

The fee for the filing and registration of a declaration of trust shall be $210.

SECTION 3. Section 23 of chapter 60 of the General Laws is hereby amended by striking out, in the last sentence of the first paragraph the figure: $50 and inserting in place thereof the following figure: $60.

SECTION 4. Notwithstanding any general or special law to the contrary, with respect to fees collected under Section 23 of Chapter 60 of the General Laws, Section 38 of Chapter 262 of the General Laws, and Section 39 of Section 262 of the General Laws, registries of deeds operated by counties shall continue to deposit with the county treasurer, pursuant to section 39 of chapter 36, fees collected pursuant to the fee structure in place prior to March 15, 2003 and shall also deposit with the county treasurer, the fees collected pursuant to sections one through three which are in excess of the fee structure in place prior to the effective date of said sections.”


Budget Amendment ID: FY2019-S4-366

GOV 366

Municipal Impact Statements

Ms. O'Connor Ives, Messrs. O'Connor and Moore moved that the proposed new text be amended by inserting the after Section X the following section:

 

Chapter 30A of the General Laws is hereby amended by inserting after section 2 the following section:-Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise:

“Action”, (i) the adoption, repeal or amendment of any rule or regulation subject to chapter 30A of the General Laws; or (ii) any administrative action that either places additional expenditure, procedural or organizational requirements on local governments or limits the discretionary powers of local officials or agencies on a statewide basis.

“Local government advisory committee”, the commission established by section 62 of chapter 3.

''Significant financial impact,'' requires municipalities to expand existing services, employ additional personnel, or increase local expenditures.

(b) In the case of action subject to the procedures of chapter 30A, at least 14 calendar days prior to the initiation of compliance, an agency shall initiate the procedures set forth in this section. In the case of actions not subject to the procedures of chapter 30A, an agency shall initiate said procedures at least 45 calendar days prior to the proposed implementation of said action.

An agency shall provide the local government advisory committee, the division of local mandates and the department of housing and community development with a brief statement describing the proposed action, which emphasizes the agency’s best judgment of those elements which might affect local governments including, when feasible, preliminary cost estimates.

Within 21 calendar days of receipt of said statement, the local government advisory committee, the division of local mandates or the department of housing and community development, in cooperation, shall notify the originating agency as to whether or not it believes the proposed action presents potential for significant impact. Failure to notify the agency within 21 calendar days shall be deemed to constitute a judgment of no significant impact; provided, however, that the local government advisory committee, the division of local mandates or the department of housing and community development, with written consent from the originating agency, may agree to extend the review period up to 10 calendar days.

Any such notice shall set forth the aspects of the proposed action.


Budget Amendment ID: FY2019-S4-367

GOV 367

Census Accuracy

Ms. L'Italien, Messrs. Lewis and Eldridge moved that the proposed new text be amended in section 2, by inserting after item 0511-0270 the following new item:- "0511-0271 For the secretary of the commonwealth who shall create and administer a statewide public awareness campaign to educate the general public on the importance of the census and the necessity of ensuring a complete and proper count...............$250,000"


Budget Amendment ID: FY2019-S4-368

GOV 368

Fiscal Responsibility

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 1599-0093, by adding, after item 1599-0093, the following  new item:-

“1599-1691.. For a reserve to fund necessary costs in the commonwealth in fiscal year 2019; provided, that the committee for public counsel services shall be eligible for funds; provided further, that the 14 sheriffs’ offices shall be eligible for funds; provided further, that the Massachusetts Transportation Trust Fund shall be eligible for funds; provided further, that the secretary of administration and finance shall issue a report with the house and senate committees on ways and means not less than 45 days before any transfer of funds detailing any cost reduction and efficiencies efforts; provided further, that said report shall include the amount of appropriation needed to address any deficiency, a breakdown by line item and object class of the transferred funds and a description of the unavoidable costs addressed in said transfer; provided further, that each sheriff’s office shall submit a report not later than October 16, 2018 to the executive office for administration and finance, the clerks of the house of representatives and senate and the house and senate committees on ways and means on: (i) a total staffing number, by facility; (ii) the number of personnel defined as care and custody personnel (iii) the number of correction officers; (iv) the number of care and custody supervising staff; (v) the overall number of management personnel; (vi) a breakdown of salary and wages spent on supervising staff, management personnel and correction officers; and (vii) the percent of appropriated funds expended on care and custody personnel; provided further, that each office shall identify cost saving measures including, but not limited to: (a) developing innovative personnel initiatives, including reducing overtime costs and the ratio of personnel to supervisors; (b) consolidating inmate medical and other vendor services across offices; and (c) establishing uniform standards and programming across offices; provided further, that each office shall submit a report to the executive office for administration and finance, the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than December 1, 2018 detailing implemented strategies for more efficient spending and expected net savings for fiscal year 2019; and provided further, no sheriff’s office shall rely on increased inmate fees or fines to ensure spending within the appropriation provided for in this act and shall not increase any inmate fee or fine, including but not limited to commissary items, in fiscal year 2019............. $280,321,829”


Budget Amendment ID: FY2019-S4-369

GOV 369

Chargeback ACA

Messrs. Humason and O'Connor moved that the proposed new text be amended in section 2, in item 1775-0800, by adding after the word "personnel" the following:-

"; provided, that any unspent balance at the close of fiscal year 2019 shall remain in the Intergovernmental Service Fund and may be expended for that item in fiscal year 2020”.


Budget Amendment ID: FY2019-S4-370

GOV 370

Redesign Reserve

Mr. Humason moved that the proposed new text be amended in section 2, by inserting after item 1599-0054 the following item:-

"1599-0999  For a reserve to assist agencies in organizational transformation and other improvements..................................…………………………....$480,000.”


Budget Amendment ID: FY2019-S4-371

GOV 371

Center for the Book

Messrs. Barrett, Lesser, Eldridge, Welch, Rush, Brownsberger, Tran, Cyr, Moore, Brady and Timilty, Ms. L'Italien, Mr. Tarr, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, by inserting after item 7000-9506 the following item:

“7000-9508 For the Massachusetts Center for the Book, Inc., chartered as the Commonwealth Affiliate of the Center for the Book in the Library of Congress; provided, that the Massachusetts Center for the Book, Inc. shall continue its work as a public-private partnership…………………$250,000”


Budget Amendment ID: FY2019-S4-372

GOV 372

GAR Collection

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

SECTION XX. Notwithstanding any general or special law to the contrary, there shall be a special commission to study and report on the feasibility of relocating all works of art and historical artifacts currently in the custody of the State House Art Commission, pursuant to section 20 of chapter 6 of the General Laws. The commission shall consist of 2 members of the house of representatives, with one being appointed by the house minority leader, 2 members of the senate, with 1 being appointed by the senate minority leader, 1 member appointed by the secretary of the Commonwealth, and 1 member appointed by the governor. The commission shall be charged with evaluating the sufficiency of said section 20; investigating issues related to storage, preservation and presentation of all items located in the Grand Army of the Republic Memorial Room, including all artifacts and related records; considering alternative locations where said items may be appropriately housed; exploring public-private partnerships; and making legislative recommendations. The commission shall submit its findings and recommendations to the clerks of the house and senate no later than December 31, 2018.


Budget Amendment ID: FY2019-S4-372-R1

Redraft GOV 372

GAR Collection

Messrs. Ross, Rush, Humason and O'Connor moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. There shall be a special commission to study and report on the feasibility of relocating the works of art and historic artifacts currently housed in the state house pursuant to section 16A of chapter 8 of the General Laws to a more prominent location. The commission shall consist of: the superintendent of the state house or a designee who shall serve as chair; 2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 2 members of the senate, 1 of whom shall be appointed by the senate minority leader; 1 person to be appointed by the secretary of the commonwealth; and 1 person to be appointed by the governor. The commission shall be charged with: (i) evaluating the status of the Grand Army of the Republic, Department of Massachusetts, collection currently housed in the state house; (ii) investigating issues related to the storage, preservation and presentation of all items located in the Grand Army of the Republic memorial room, including all artifacts and related records; (iii) consideration of alternative locations where those items may be appropriately housed to maximize access by the viewing public; and (iv) exploring public-private partnerships to house the collection. The commission shall submit its findings and recommendations, including drafts of legislation necessary to carry out those recommendation, to the clerks of the senate and house of representatives and the senate and house chairs of the committees on ways and means not later than December 31, 2018.”


Budget Amendment ID: FY2019-S4-373-R1

Redraft GOV 373

Library Technology Supports

Messrs. Humason, Tarr, Welch and Ross, Ms. Gobi, Messrs. O'Connor and Lesser moved that the proposed new text be amended in section 2, in item 7000-9506, by striking out the figure "$2,615,928" and inserting in place thereof the following figure:- "$2,815,928.”


Budget Amendment ID: FY2019-S4-373

GOV 373

Library Technology Supports

Messrs. Humason, Tarr, Welch and Ross, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 7000-9506, by striking out the figure "$2,615,928" and inserting in place thereof the following figure:- "$3,259,000.”


Budget Amendment ID: FY2019-S4-374

GOV 374

Pilgrim Nuclear Power Station Decommissioning

Messrs. deMacedo, Cyr, Tarr and Eldridge, Ms. Friedman, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended by adding the following sections:-

SECTION XX. Subsection (i) of section 14 of chapter 188 of the Acts of 2016 is hereby amended by striking the word “only”.

SECTION XX. Section 14 of chapter 188 of the Acts of 2016 is hereby amended by inserting the following subsections:- “(j) The Panel shall convene an interagency working group which shall consist of the following members or their designees: the secretary of health and human services, who shall serve ex officio; the secretary of energy and environmental affairs, who shall serve ex officio; the commissioner of public utilities, who shall serve ex officio; the secretary of housing and economic development, who shall serve ex officio; the director of the Massachusetts Emergency Management Agency;  1 member from Massachusetts Department of Public Health Radiological Control Program, which, in consultation with the Panel shall examine and implement the recommendations of the nuclear decommissioning citizens advisory panel relative to preparedness requirements and funding, site restoration, ongoing monitoring standards and reporting, environmental protection requirements, comprehensive financial standards and bill-back payments from Entergy, and its successors, to reimburse the Commonwealth for expenses required to monitor post-shutdown, closure and decommissioning activities; provided further that the working group shall have the authority to represent the commonwealth in negotiations or communications with the Nuclear Regulatory Commission and Entergy and its successor.

(k) The Panel may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the Panel under the law.”

SECTION XX. Section 14 of chapter 188 of the Acts of 2016 is hereby amended by striking subsection (g) in its entirety and inserting the following subsection:- “(g) The executive office of energy and environmental affairs shall furnish administrative and financial support for the Panel including funds to be expended for the panel or interagency working group to hire experts, contract for services, and provide for materials and other reasonable and necessary expenses.”

SECTION XX. Section 5K of chapter 111 of the General Laws is hereby amended in subsection (E) by striking out the figure “$180,000” and inserting in place thereof the following figure:- $300,000.

SECTION XX. Said section is hereby further amended in subsection (E) by striking out the last sentence and inserting in place thereof the following:- “The amount so collected shall be deposited by the department  into the Radiation Control Trust account. For the purposes of this subsection, the terms “nuclear power plant” and “facility” shall include operating nuclear power plants, and non-operating nuclear power facilities that permanently ceased generating electricity after January 1, 2018 and currently harbor spent nuclear fuel or high-level radioactive waste.”

SECTION XX. Section 5N of chapter 111 of the General Laws is hereby amended by inserting at the end thereof the following paragraph:- “No fewer than six months prior to the permanent cessation of power generation by a nuclear power plant, the power plant shall submit a remediation plan to the department which, at a minimum, shall include: (i) the methods by which the residual radioactivity will be remediated to a level that results in a dose that is less than 10 millirem per year and as low as reasonably achievable; (ii) a protocol that will be followed to confirm that the residual radioactivity is less than said level after any necessary remediation; and (iii) measures to ensure that residual radioactivity is remediated to less than said level in the event that the site, or any portion thereof, is sold to a third party. Said plan shall be subject to the approval of the department and shall be legally binding upon approval.”

SECTION XX. Section 5O of chapter 111 of the General Laws is hereby amended by inserting after the words “not exceeding one hundred thousand dollars per violation” the following words:- “for each day the violation continues to exist”.

SECTION XX. Chapter 111 of the General Laws is hereby amended by inserting after section 5Q the following section:- “Section 5Q1/2. The provisions of sections 5I to 5Q, inclusive, are severable, and if the application of such provision to any person or circumstance is held invalid or is pre-empted by federal law, the remainder of said sections and the application of such provision to other persons or circumstances shall not be affected.”


Budget Amendment ID: FY2019-S4-374-R1

Redraft GOV 374

Pilgrim Nuclear Power Station Decommissioning

Messrs. deMacedo, Cyr, Tarr and Eldridge, Ms. Friedman, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 2000-0100, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the interagency working group to hire experts, contract for services and provide for materials and other reasonable and necessary expenses”; and

in said section 2, in said item 2000-0100, by striking out the figure “$9,245,558” and inserting in place thereof the following figure:- “$9,345,558”; and

by inserting after section 38 the following section:-

“SECTION 38A. Notwithstanding any general or special law to the contrary, there shall be an interagency working group within the Executive Branch to monitor the pre and post shutdown decommissioning process at Pilgrim Nuclear Power Station.  This working group shall consist of members of the Executive Branch, as well as a member of the Attorney General’s office, to lead and coordinate state agency involvement in any matters pertaining to the plant’s decommissioning.  Such matters may include: decommissioning radiological and environmental standards, off-site emergency preparedness and funding, site restoration, on-going environmental and radiological monitoring requirements and standards, and ensuring that Entergy and its successors have and maintain sufficient funds to complete the decommissioning process; provided, however, that such matters are within the participating agencies’ respective authorities.


Budget Amendment ID: FY2019-S4-375

GOV 375

Municipal Regionalization Reserve

Messrs. deMacedo, Tarr, Humason, Hinds, Ross, Eldridge, Moore, Welch, Tran and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting the following:-

“; provided further, that not more than $2,800,000 shall be expended to fund the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund; provided further, that not less than $2,000,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; and provided further, that not more than $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order 554 issued January 23, 2015”; and further in said item, by striking the figure “$4,400,000” and inserting in place thereof the following figure:- “$11,200,000”.


Budget Amendment ID: FY2019-S4-376

GOV 376

Fiscal Responsibility for deficient accounts

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, by adding, after item 1599-0093, the following  new item:-

“1599-1691.. For a reserve to fund necessary costs in the commonwealth in fiscal year 2019; provided, that the committee for public counsel services shall be eligible for funds; provided further, that the 14 sheriffs’ offices shall be eligible for funds; provided further, that the Massachusetts Transportation Trust Fund shall be eligible for funds; provided further, that the secretary of administration and finance shall issue a report with the house and senate committees on ways and means not less than 45 days before any transfer of funds detailing any cost reduction and efficiencies efforts; provided further, that said report shall include the amount of appropriation needed to address any deficiency, a breakdown by line item and object class of the transferred funds and a description of the unavoidable costs addressed in said transfer; provided further, that each sheriff’s office shall submit a report not later than October 16, 2018 to the executive office for administration and finance, the clerks of the house of representatives and senate and the house and senate committees on ways and means on: (i) a total staffing number, by facility; (ii) the number of personnel defined as care and custody personnel (iii) the number of correction officers; (iv) the number of care and custody supervising staff; (v) the overall number of management personnel; (vi) a breakdown of salary and wages spent on supervising staff, management personnel and correction officers; and (vii) the percent of appropriated funds expended on care and custody personnel; provided further, that each office shall identify cost saving measures including, but not limited to: (a) developing innovative personnel initiatives, including reducing overtime costs and the ratio of personnel to supervisors; (b) consolidating inmate medical and other vendor services across offices; and (c) establishing uniform standards and programming across offices; provided further, that each office shall submit a report to the executive office for administration and finance, the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than December 1, 2018 detailing implemented strategies for more efficient spending and expected net savings for fiscal year 2019; and provided further, no sheriff’s office shall rely on increased inmate fees or fines to ensure spending within the appropriation provided for in this act and shall not increase any inmate fee or fine, including but not limited to commissary items, in fiscal year 2019............. $280,321,829”

 

 


Budget Amendment ID: FY2019-S4-378

GOV 378

Resiliency Infrastructure Procurement

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

"SECTION _. Section 3 of chapter 25A of the General Laws, as appearing in the 2016 Official Edition is hereby amended by inserting after the first paragraph, the following definition:-

“Adaptation projects”, public infrastructure projects designed to mitigate adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices, and built and natural structures to increase resiliency, moderate potential damages, or benefit from opportunities associated with climate change.

SECTION _. Section 11C of said chapter 25A, as so appearing, is hereby amended by adding the following subsection:- “(e) The division of capital asset management and maintenance may contract for the procurement of capital improvements  for adaptation projects in the manner provided in subsections (a) and (c). A local governmental body may contract for the procurement of capital improvements for adaptation projects in the manner provided in subsections (b) and (c).”

 


Budget Amendment ID: FY2019-S4-379

GOV 379

Vendor Cyber Insurance

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, Chapter 30B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 23 the following new section:-

Section 24. Any state agency procuring information technology goods or services shall give preference to vendors which carry cybersecurity insurance, or to such vendors who have implemented cybersecurity measures, such as, but not limited to, ransomware prevention software, phishing prevention tools, multi-factor authentication procedures, and other cybersecurity measures as outlined by the framework for improving critical infrastructure cybersecurity by the national institute of standards and technology. This section shall not be construed to preclude vendors without cybersecurity insurance from submitting solicitations to the state or being awarded bids by the state for information technology goods or services.”.


Budget Amendment ID: FY2019-S4-380-R1

Redraft GOV 380

Community Compact

Ms. Gobi, Messrs. Lewis, Timilty, Hinds, Ross, Eldridge, Moore, Humason and Welch, Ms. L'Italien, Messrs. Tarr, Tran and O'Connor moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting the following words:- “; provided further, that not less than $500,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; provided further, that not more than $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order 554 issued January 23, 2015”; and

in said section 2, in said item 1599-0026, by striking out the figure “4,400,000” and inserting in place thereof the following figure:- “6,900,000”.


Budget Amendment ID: FY2019-S4-380-R2

2nd Redraft GOV 380

Community Compact

Ms. Gobi, Messrs. Lewis, Timilty, Hinds, Ross, Eldridge, Moore, Humason and Welch, Ms. L'Italien, Messrs. Tarr, Tran and O'Connor moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting the following words:- “; provided further, that not less than $500,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; provided further, that not more than $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order 554 issued January 23, 2015”; and

in said section 2, in said item 1599-0026, by striking out the figure “4,400,000” and inserting in place thereof the following figure:- “6,900,000”.


Budget Amendment ID: FY2019-S4-380

GOV 380

Community Compact

Ms. Gobi, Messrs. Lewis, Timilty, Hinds, Ross, Eldridge, Moore, Humason and Welch, Ms. L'Italien, Messrs. Tarr, Tran and O'Connor moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting after the word “Framingham” the following:-

 

“; provided further, that not more than $2,800,000 shall be expended to fund the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund; provided further, that not less than $2,000,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; and provided further, that not more than $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order 554 issued January 23, 2015”

 

And further by striking the figure “4,400,000” and inserting in place thereof the following figure:- “11,200,000.”


Budget Amendment ID: FY2019-S4-381

GOV 381

Volunteer Income Tax Assistance (VITA) Sites

Messrs. Welch, Lewis, Eldridge, Hinds, deMacedo and Moore, Ms. Gobi, Mr. O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1201-0100, “; and provided, further, that not less than $800,000 shall be expended to organizations providing tax assistance services to individuals and families qualifying for the Volunteer Income Tax Assistance Program, in partnership with the Internal Revenue Service, for the provision of said services”.


Budget Amendment ID: FY2019-S4-382

GOV 382

Springfield Central Cultural District

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 0640-0300, by adding the following words:- "; provided, that not less than $75,000 shall be expended for the Springfield Central Cultural District"; and

In said section 2 in item 0640-0300 and by striking the figure “$14,034,982 and inserting in place thereof the following figure:- “$14,109,982”.


Budget Amendment ID: FY2019-S4-382-R1

Redraft GOV 382

Springfield Central Cultural District

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 0640-0300, by adding the following words:- "; provided further, that not less than $20,000  shall be expended for the Springfield Central Cultural District"; and

in said section 2, in item 0640-0300, and by striking out the figure “$14,034,982 and inserting in place thereof the following figure:- “$14,054,982”.


Budget Amendment ID: FY2019-S4-383

GOV 383

Executive Office of Technology Services and Security 1790-0300 Rollover

Ms. Creem and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1790-0300, by inserting after “system” the following: “and provided further, that any unspent balance at the close of fiscal year 2019 shall remain in the account and may be expended for that item in fiscal year 2020”.


Budget Amendment ID: FY2019-S4-385

GOV 385

Executive Office of Technology Services and Security Restore Tech Project Oversight

Ms. Creem and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1790-0100, by inserting after “purposes of this item;” the following:  “provided further, that the chief information officer shall review and approve any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000, including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, before the agency may obligate funds for the project or purchase”.


Budget Amendment ID: FY2019-S4-387-R1

Redraft GOV 387

Group Insurance Commission Reforms

Ms. Friedman, Messrs. Welch, Eldridge, Crighton, Cyr and Feeney, Ms. L'Italien, Ms. Gobi, Messrs. Timilty and O'Connor, Ms. O'Connor Ives, Ms. Jehlen, Messrs. Pacheco, Moore and Montigny moved that the proposed new text be amended in section 3, by inserting after section 13 the following 2 sections:-

“SECTION 13A. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word “economist”, in line 7, the following words:- , 1 of whom shall have substantial experience in health care delivery, including behavioral health, in the commonwealth, 1 of whom shall have substantial experience in health care administration, 1 of whom shall have substantial experience in employee benefits administration and 1 of whom shall have substantial experience with and knowledge of health insurance plans.

SECTION 13B. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by striking out the fourth , fifth  and sixth sentence and inserting in place thereof the following 5 sentences:-

“No member appointed by the governor shall be an insurance agent, broker, employee or officer of an insurance company that currently does business with or has done business with the commonwealth in the past 3 years. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner for a term of 3 years. If there is an appointive member vacancy, either expected or unexpected, the governor shall appoint a replacement for the vacant position not more than 90 days after the vacancy. If the appointive member vacancy is for the management representative or labor representative under this section, the governor shall appoint a replacement for the vacant position not more than 90 days after receiving a list of nominated representatives from the applicable organization. If the governor does not appoint a replacement within 90 days of an appointive member vacancy, the executive director of the commission shall appoint a replacement pursuant to the requirements of this section.”; and

by inserting after section 56 the following 2 sections:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the group insurance commission shall  consult with stakeholders to review and evaluate: (i) the impacts of existing public procurement laws; (ii) public record and open meeting laws;  and (iii) regulations on the group insurance commission’s deliberative process.

At minimum, the group insurance commission shall consult with: (i) the secretary of administration and finance; (ii) the attorney general; (iii) the commissioner of insurance; (iv) the operational services division of the executive office for administration and finance; and (v) the inspector general.

The group insurance commission shall provide a report on: (i) any anticipated updates to commission procedures related to state procurement and open meeting laws resulting from its consultation with stakeholders; (ii) any anticipated regulatory changes the commission plans to take based on its consultation with stake holders on its deliberative process; (iii) the recommended  notice period  for which the commission to provide members prior to a vote that would substantially alter the insurance coverage or health plans offered under this chapter including, but not limited to, any changes in the identity or number of health plans offered, existing plan design of any health plan, member cost-sharing or covered medical, behavioral health or pharmacy benefits; and (iv) any recommended statutory changes needed to meet these goals.

The group insurance commission shall submit its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, to the clerks of the senate and the house of representatives, and the joint committee on public service not later than October 1, 2018.

SECTION 56B. Notwithstanding any general or special law to the contrary, beginning on January 1, 2021: (i) upon the first vacancy or expiration of the term of office of a “public member” of the group insurance commission established by section 3 of chapter 32A of the General Laws, the governor shall appoint a successor who shall have substantial experience in behavioral health care delivery in the commonwealth; (ii) upon the second vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in health care administration; (iii) upon the third vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in employee benefits administration; and (iv) upon the fourth vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience with and  knowledge of health insurance plans. Notwithstanding the foregoing, if an appointee under this section is also a vacancy under this section, the governor shall appoint a successor who has the substantial experience of the member creating the vacancy.”.


Budget Amendment ID: FY2019-S4-387-R2

2nd Redraft GOV 387

Group Insurance Commission Reforms

Ms. Friedman, Messrs. Welch, Eldridge, Crighton, Cyr and Feeney, Ms. L'Italien, Ms. Gobi, Messrs. Timilty and O'Connor, Ms. O'Connor Ives, Ms. Jehlen, Messrs. Pacheco, Moore and Montigny moved that the proposed new text be amended in section 3, by inserting after section 13 the following 2 sections:-

“SECTION 13A. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word “economist”, in line 7, the following words:- , 1 of whom shall have substantial experience in health care delivery, including behavioral health, in the commonwealth, 1 of whom shall have substantial experience in health care administration, 1 of whom shall have substantial experience in employee benefits administration and 1 of whom shall have substantial experience with and knowledge of health insurance plans.

SECTION 13B. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by striking out the fourth , fifth  and sixth sentence and inserting in place thereof the following 5 sentences:-

“No member appointed by the governor shall be an insurance agent, broker, employee or officer of an insurance company that currently does business with or has done business with the commonwealth in the past 3 years. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner for a term of 3 years. If there is an appointive member vacancy, either expected or unexpected, the governor shall appoint a replacement for the vacant position not more than 90 days after the vacancy. If the appointive member vacancy is for the management representative or labor representative under this section, the governor shall appoint a replacement for the vacant position not more than 90 days after receiving a list of nominated representatives from the applicable organization. If the governor does not appoint a replacement within 90 days of an appointive member vacancy, the executive director of the commission shall appoint a replacement pursuant to the requirements of this section.”; and

by inserting after section 56 the following 2 sections:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the group insurance commission shall  consult with stakeholders to review and evaluate: (i) the impacts of existing public procurement laws; (ii) public record and open meeting laws;  and (iii) regulations on the group insurance commission’s deliberative process.

At minimum, the group insurance commission shall consult with: (i) the secretary of administration and finance; (ii) the attorney general; (iii) the commissioner of insurance; (iv) the operational services division of the executive office for administration and finance; and (v) the inspector general.

The group insurance commission shall provide a report on: (i) any anticipated updates to commission procedures related to state procurement and open meeting laws resulting from its consultation with stakeholders; (ii) any anticipated regulatory changes the commission plans to take based on its consultation with stake holders on its deliberative process; (iii) the recommended  notice period the commission will provide to members prior to a vote that would substantially alter the insurance coverage or health plans offered under this chapter including, but not limited to, any changes in the identity or number of health plans offered, existing plan design of any health plan, member cost-sharing or covered medical, behavioral health or pharmacy benefits; and (iv) any recommended statutory changes needed to meet these goals.

The group insurance commission shall submit its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, to the clerks of the senate and the house of representatives, and the joint committee on public service not later than October 1, 2018.

SECTION 56B. Notwithstanding any general or special law to the contrary, beginning on January 1, 2021: (i) upon the first vacancy or expiration of the term of office of a “public member” of the group insurance commission established by section 3 of chapter 32A of the General Laws, the governor shall appoint a successor who shall have substantial experience in behavioral health care delivery in the commonwealth; (ii) upon the second vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in health care administration; (iii) upon the third vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience in employee benefits administration; and (iv) upon the fourth vacancy or expiration of the term of office of such a “public member”, the governor shall appoint a successor who shall have substantial experience with and  knowledge of health insurance plans. Notwithstanding the foregoing, if an appointee under this section is also a vacancy under this section, the governor shall appoint a successor who has the substantial experience of the member creating the vacancy.”.


Budget Amendment ID: FY2019-S4-387

GOV 387

Group Insurance Commission Reforms

Ms. Friedman, Messrs. Welch, Eldridge, Crighton, Cyr and Feeney, Ms. L'Italien, Ms. Gobi, Messrs. Timilty and O'Connor, Ms. O'Connor Ives, Ms. Jehlen, Messrs. Pacheco, Moore and Montigny moved that the proposed new text be amended in section 3, by adding the following sections:-

“SECTION XX. Section 3 of chapter 32A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 5, the figure “13” and inserting in place thereof the following figure:- 11

SECTION XX. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by striking out, in line 14, the word “and” and inserting in place thereof the following word:- ,

SECTION XX. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word “plans”, in line 17, the following words:- , 1 of whom shall be a health care practitioner who has practiced medicine in the commonwealth within 1 year of appointment, 1 of whom shall have substantial experience in behavioral health care delivery in the commonwealth, 1 of whom shall have substantial experience in health care administration or employee benefits programs and 1 of whom shall have substantial experience with and knowledge of health insurance plans

SECTION XX. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the sixth sentence the following sentences:- If there is an appointive member vacancy, either expected or unexpected, the governor shall appoint a replacement for the vacant position within 90 days of the vacancy. If the appointive member vacancy is for the management representative or labor representative under this section, the governor shall appoint a replacement for the vacant position within 90 days of receiving a list of nominated representatives from the applicable organization. If the governor does not appoint a replacement within 90 days of an appointive member vacancy under the provisions of this section, the executive director of the commission may presume the governor has waived the right to appoint a replacement and the executive director shall appoint a replacement pursuant to the requirements of this section.

SECTION XX. Said chapter 32A is hereby further amended by adding the following section:-

Section 4B. (a) Prior to any vote by the commission on matters that substantially alter the insurance coverage or health plans offered under this chapter, including, but not limited to, any changes in the identity or number of health plans offered or any changes in the existing plan design of any health plan, including changes to member cost-sharing or changes to covered medical, behavioral health or pharmacy benefits, the executive director of the commission shall provide to the members of the commission all relevant information necessary to make an informed decision on the vote. The information shall be provided to the members of the commission at a commission meeting prior to the meeting at which the vote is scheduled, but in no event shall such information be provided less than 21 days in advance of the vote.

(b) On any matter subject to the requirements of subsection (a), the commission shall hold at least 4 public hearings across the commonwealth prior to the vote.

 


Budget Amendment ID: FY2019-S4-388

GOV 388

HPC Reserve for Trauma-Informed Care Program

Ms. Friedman, Messrs. Cyr, Welch, O'Connor and Montigny moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by adding the following item:-

“XXXX-XXXX. For a reserve to be administered by the health policy commission, in consultation with the department of public health, to develop a hospital technical assistance program to fund training of providers and hospital staff to improve the care and for newborns with neonatal abstinence syndrome at hospital-based facilities that care for mothers and newborns, including training and assistance in areas such as trauma-informed care, stigma sensitivity, and the inclusion of peer recovery coaches in the care team; provided further, that in developing the program, the commission shall consider evidence-based practices from successful programs implemented locally, nationally, or internationally, including best practices from the pilot program administered by the commission as authorized in item 1599-1450 of chapter 46 of the acts of 2015; provided further, the commission may direct an additional $250,000 from the Distressed Hospital Trust Fund established in section 2GGGG of chapter 29 of the General Laws to fund the implementation of the program for eligible community hospitals; provided further, that the commission shall report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than 12 months following completion of the technical assistance program on the results of the programs; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through June 30, 2020…………$250,000”


Budget Amendment ID: FY2019-S4-389-R1

Redraft GOV 389

PILOT Reimbursement Commission

Messrs. Fattman, Hinds, Tarr and Humason, Ms. Gobi, Messrs. Eldridge and O'Connor moved that the proposed new text be amended by adding the following section:-

“SECTION __. There shall be a commission to study the valuation and distribution of payments in lieu of taxes to cities and towns for state-owned land. The commission shall (i) examine the current methods used to determine valuations for parcels of land owned by the state to be reimbursed, (ii) examine the formula used to distribute said reimbursements to municipalities, (iii) evaluate the effectiveness and equity of said formula, and (iv) make recommendations to establish a formula that considers the current needs of municipalities.

The commission shall review all aspects of reimbursement financing for payments in lieu of taxes, including, but not limited to, (i) the correlation between changes in acreage of state-owned land and available funding for payments in lieu of taxes for state-owned land, (ii) the extent to which the formula reflects the needs of municipalities and the proportional distribution of payments in lieu of taxes for state-owned land, (iii) any disparities that exist among municipalities related to reimbursements for payments in lieu of taxes for state-owned land, (iv) the economic impacts of reimbursements for payments in lieu of taxes program for state-owned land on local economies, and (v) any alternative formulas, processes and methods that may create a more equitable distribution of reimbursements for payments in lieu of taxes for state-owned land.

The commission shall include: the house and senate chairs of the joint committee on revenue, who shall serve as co-chairs; the secretary of administration and finance; the commissioner of the department of revenue; the secretary of energy and environmental affairs; the commissioner of the department of conservation and recreation; the governor or a designee; the speaker of the house or a designee; the senate president or a designee; the minority Leader of the house of representatives or a designee; the minority leader of the senate or a designee; the chair of the house committee on ways and means or a designee; the chair of the senate committee on ways and means or a designee; and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association; the Lincoln Institute of Land Policy; the Rural Policy Advisory Commission; and the Massachusetts Taxpayers Association.

The commission shall file a report of its findings and recommendations, including any new or revised payment in lieu of taxes reimbursement formulas, with the clerks of the house of representatives and senate and the chairs of the senate and house committees on ways and means no later than July 1, 2019.”


Budget Amendment ID: FY2019-S4-389-R2

2nd Redraft GOV 389

PILOT Reimbursement Commission

Messrs. Fattman, Hinds, Tarr and Humason, Ms. Gobi, Messrs. Eldridge and O'Connor moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. There shall be a commission to study the valuation and distribution of payments in lieu of taxes to cities and towns for commonwealth-owned land. The commission shall: (i) examine the current methods used to determine valuations for parcels of land owned by the commonwealth to be reimbursed; (ii) examine the formula used to distribute those reimbursements to municipalities; (iii) evaluate the effectiveness and equity of the formula; and (iv) make recommendations to establish a formula that considers the current needs of municipalities.

The commission shall analyze reimbursement financing for payments in lieu of taxes including, but not limited to: (i) the correlation between changes in acreage of commonwealth-owned land and available funding for payments in lieu of taxes for commonwealth-owned land: (ii) the extent to which the formula reflects the needs of municipalities and the proportional distribution of payments in lieu of taxes for commonwealth-owned land: (iii) any disparities that exist among municipalities related to reimbursements for payments in lieu of taxes for commonwealth-owned land: (iv) the economic impacts of reimbursements for payments in lieu of taxes for commonwealth-owned land on local economies: and (v) any alternative formulas, processes and methods that may create a more equitable distribution of reimbursements for payments in lieu of taxes for commonwealth-owned land.

The commission shall include: the house and senate chairs of the joint committee on revenue, who shall serve as co-chairs or their designees; the secretary of administration and finance or a designee; the commissioner of revenue or a designee; the secretary of energy and environmental affairs or a designee; the commissioner of conservation and recreation or a designee; the governor or a designee; the speaker of the house or a designee; the senate president or a designee; the minority leader of the house of representatives or a designee; the minority leader of the senate or a designee; the chair of the house committee on ways and means or a designee; the chair of the senate committee on ways and means or a designee; and 1 person to be appointed by each of the following organizations: the Massachusetts Municipal Association; the Lincoln Institute of Land Policy; the rural policy advisory commission; and the Massachusetts Taxpayers Foundation, Inc..

The commission shall file a report of its findings and recommendations, including any new or revised payment in lieu of taxes reimbursement formulas, with the clerks of the house of representatives and senate and the chairs of the senate and house committees on ways and means no later than July 1, 2019.”


Budget Amendment ID: FY2019-S4-389

GOV 389

PILOT Reimbursement Commission

Messrs. Fattman, Tarr and Humason and Ms. Gobi 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 valuation and distribution of payments in lieu of taxes to cities and towns for state-owned land. The commission shall (i) examine the current methods used to determine valuations for the parcels owned by the state to be reimbursed, (ii) examine the formula used to distribute said reimbursements to municipalities, (iii) evaluate the effectiveness and equity of said formula, and (iv) make recommendations to establish a formula that considers the current needs of municipalities.

The commission shall review all aspects of reimbursement financing for payments in lieu of taxes, including, but not limited to, (i) the relationship between changes in acreage of state-owned land and funding for payments in lieu of taxes, (ii) the extent to which the formula reflects the needs of municipalities and the proportional distribution of payments in lieu of taxes for state-owned land, (iii) any disparities that exist among municipalities related to reimbursements for payments in lieu of taxes for state-owned land, and (iv) any alternative formulas that may create a more equitable distribution of reimbursements for payments in lieu of taxes for state-owned land.

The commission shall include: the house and senate chairs of the joint committee on revenue, who shall serve as co-chairs; the secretary of administration and finance; the commissioner of the department of revenue; the secretary of energy and environmental affairs; the commissioner of the department of conservation and recreation; the governor or a designee; the speaker of the house or a designee; the senate president or a designee; the minority Leader of the house of representatives or a designee; the minority leader of the senate or a designee; the chair of the house committee on ways and means or a designee; the chair of the senate committee on ways and means or a designee; and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association; the Lincoln Institute of Land Policy; and the Massachusetts Taxpayers Association.

The commission shall file a report of its findings and recommendations, including any new or revised payment in lieu of taxes reimbursement formulas, with the clerks of the house of representatives and senate and the chairs of the senate and house committees on ways and means no later than July 1, 2019.”


Budget Amendment ID: FY2019-S4-390

GOV 390

Sick Leave Buyback

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

“SECTION __. Section 31A of said chapter 29, as so appearing, is hereby amended by adding the following 2 subsections:-

(e) No employee of the commonwealth shall accrue more than 1,000 hours of unused sick leave credits.

(f) No employee of a public institution of higher education listed in section 5 of chapter 15A shall accrue more than 1,000 hours of unused sick leave credits.

And moves to further amend the bill by inserting the following sections:-

SECTION __. Notwithstanding any general or special law to the contrary, section 62a shall take effect for any employee of the commonwealth and any employee at public institutions of higher education listed in section 5 of chapter 15A of the General Laws who has accrued not more than 1,000 hours of unused sick leave credits, on the effective date of this act. Any such employee who has accrued more than 1,000 hours of unused sick leave credits as of the effective date of this act shall not accrue credits in excess of those credits, but may accrue credits to replenish any sick time that is used after the effective date of this act, up to the maximum of 1,000 hours set forth above.

SECTION __. Notwithstanding any general or special law to the contrary, the personnel administrator shall promulgate revised rules under the second paragraph of section 28 of chapter 7 of the General Laws to incorporate the changes enacted in subsection (e) of section 31A of chapter 29 of the General Laws and section 62B of this act, which revisions shall take effect as soon as practicable after the effective date of this act.

SECTION __. Notwithstanding any general or special law to the contrary, the department of higher education and the University of Massachusetts shall revise the necessary rules and policies in order to incorporate the changes enacted in subsection (f) of section 31A of chapter 29 of the General Laws and section 62B of this act, which revisions shall take effect as soon as practicable after the effective date of this act."


Budget Amendment ID: FY2019-S4-391

GOV 391

Employee Misconduct

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

“SECTION __. Chapter 150E of the General Laws, as so appearing, is hereby amended by inserting the following new section:-

Section 16. Notwithstanding any general or special law to the contrary, any employee found to have been responsible for the following conduct shall be terminated: i) physical assault; ii) verbal assault or hostile statements made based on race, sex, color, religion, creed, sexual orientation, age, national origin, handicapping condition, marital status, or political affiliation; and iii) working under the influence of alcohol.”


Budget Amendment ID: FY2019-S4-391-R1

Redraft GOV 391

Employee Misconduct

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

Section 16. Notwithstanding any general or special law to the contrary, any employee found to have been responsible for the following conduct shall be terminated: i) physical assault; ii) verbal assault or hostile statements made based on race, sex, color, religion, creed, sexual orientation, age, national origin, handicapping condition, marital status, or political affiliation; and iii) working under the influence of alcohol or illicit drugs as defined in chapter 94C.”


Budget Amendment ID: FY2019-S4-392

GOV 392

Online Posting of CMRs

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

“SECTION _. Notwithstanding any general or special law to the contrary, each agency within the Executive branch must post all relevant Code of Massachusetts Regulations (CMR) on the Executive agency’s website. Each agency must further update said regulations by June 30 of each year.  This section shall become effective on July 1, 2018.”.


Budget Amendment ID: FY2019-S4-393

GOV 393

Early Voting for the 2018 Primary Election

Ms. L'Italien, Messrs. Eldridge, Timilty, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 0521-0002, by inserting after item 0521-0001 the following item:- "0521-0002 For the implementation of early voting for the 2018 primary election.......................$750,000"


Budget Amendment ID: FY2019-S4-395

GOV 395

Facility Upgrades

Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 1599-0026, by adding the following:-

“provided further, that $50,000 shall be expended to provide ADA compliant upgrades for the Appleton Street Park in the city of Everett; provided further, that $50,000 shall be expended for facility upgrades for the John F. Kennedy Family Service Center, Inc. in the Charlestown neighborhood in the city of Boston”.

and in said item by striking the following figures “$4,400,000” and inserting in place thereof the following figures “$4,500,000”.

 


Budget Amendment ID: FY2019-S4-396

GOV 396

Consumer Banking Transparency

Messrs. Eldridge, Brady, Ross and O'Connor moved that the proposed new text be amended by adding the following section:

SECTION XX. Chapter 167 of the General Laws is hereby amended by inserting after section 7 the following section:

Section 7A. Disclosure of Bank Information

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

“Account(s)”, a deposit account at a Bank (as defined below) that is held by or offered to a Consumer (as defined below).  It includes time, demand, savings and negotiable order of withdrawal accounts.  It includes all interest-bearing and noninterest-bearing accounts.

“Bank”, any association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the commissioner.

“Commissioner”, the commissioner of banks.

“Consumer”, a natural person who holds an account primarily for personal, family, or household purposes, or to whom such an account is offered.  The term does not include accounts held by a natural person on behalf of another in a professional capacity or accounts held by individuals as sole proprietors.

“Division of Banks Website”, the webpages found at https://www.mass.gov/orgs/division-of-banks.

“Loan”, a loan by the Bank to a Consumer that includes secured loans, unsecured loans, and lines of credit.

(b) The Commissioner shall require all Banks to submit bank financial information to the Division of Banks on at least a weekly basis for publication on the Division of Banks Website. Bank financial information shall include:

(1) The types of Consumer Accounts available at the Bank,

(2) Fees, charges, and interest associated with the types of Consumer Accounts available at the Bank,

(3) Fees, interest, terms, and conditions associated with certificates of deposit offered by Banks,

(4) Fees, interest, terms, and conditions associated with money market accounts offered by Banks,

(5) Types of Loans offered by the Bank to Consumers,

(6) Fees, interest, terms, and conditions associated with each type of Loan,

(c) The Commissioner shall publish bank financial information through the Division of Banks Website.  Such information shall be provided in a clear and concise format so that Consumers may understand the financial information provided by all Banks.


Budget Amendment ID: FY2019-S4-396-R1

Redraft GOV 396

Consumer Banking Transparency

Messrs. Eldridge, Brady, Ross and O'Connor moved that the proposed new text be amended by adding the following section:

SECTION XX. Chapter 167 of the General Laws is hereby amended by inserting after section 7 the following sections:

Section 7A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Account”, a deposit account at a bank that is held by or offered to a consumer, including but not limited to time, demand, savings, negotiable order of withdrawal, interest-bearing and noninterest-bearing accounts.

“Bank”, any association or corporation chartered by the commonwealth under chapters 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the commissioner.

“Commissioner”, the commissioner of banks.

“Consumer”, a natural person who holds an account primarily for personal, family, or household purposes, or to whom such an account is offered.  The term does not include accounts held by a natural person on behalf of another in a professional capacity or accounts held by individuals as sole proprietors.

“Loan”, a loan by a bank to a consumer that includes secured loans, unsecured loans, and lines of credit.

(b) Banks shall submit financial information to the division of banks on at least a weekly basis for publication on the division of banks website. Financial information shall include, but not be limited to:

(1) The types of consumer accounts available at the bank;

(2) Fees, charges, and interest associated with the types of consumer accounts available at the bank;

(3) Fees, interest, terms, and conditions associated with certificates of deposit offered by the bank;

(4) Fees, interest, terms, and conditions associated with money market accounts offered by the bank;

(5) Types of loans offered by the bank to consumers; and

(6) Fees, interest, terms, and conditions associated with each type of loan.

(c) The commissioner shall publish bank financial information through the division of banks website.  Such information shall be provided in a clear and concise format so that consumers may understand the financial information provided by the banks.

Section 7B. Each bank shall have a duty to disclose to potential depositors and potential consumers the highest interest rate available based upon the amount of the deposit or deposit renewal if the potential depositor or consumer is the holder of a certificate of deposit or money market account, notwithstanding any increase in the amount deposited or increase in the length of time of the deposit.


Budget Amendment ID: FY2019-S4-397-R1

Redraft GOV 397

Municipal Cyber Security Grant Program

Ms. Creem and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1790-0100, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for a grant program to be administered by the executive office for municipalities to fund cybersecurity evaluations of their municipal information technology systems, such as penetration testing, and provide cybersecurity training to their employees; provided further, that the executive office is authorized to administer the grant program and may accept and distribute funds appropriated to it for purposes specified by law; provided further, that the executive office shall collaborate with the comptroller to establish the grant program and to implement any policies or practices necessary to enable distribution of grants to municipalities; provided further, that the grant program shall not be subject to section 22 of chapter 7 of the General Laws; provided further, that the executive office may establish rules and procedures necessary to implement this item”; and

in said section 2, in said item 1790-0100, by striking out the figure “$2,922,500” and inserting in place thereof the following figure:- “$3,022,500”.


Budget Amendment ID: FY2019-S4-397

GOV 397

Municipal Cyber Security Grant Program

Ms. Creem and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1790-1700, by adding the following words:- “; provided further, that $500,000 shall be expended for a grant program to be administered by the executive office of technology services and security for municipalities to fund cybersecurity evaluations of their systems, such as penetration testing, and provide cybersecurity training to their employees ”; and

 

In said section 2, in said item 1790-1700, by striking out the figure “$30,503,193” and inserting in place thereof the following figure:- “$31,003,193”; and

 

In said section 2, by inserting the following new section: -

SECTION XX: Section 3 of chapter 7D of the General Laws is hereby amended by adding the following subsection:

(xii) Subject to appropriation, the Executive Office of Technology Services and Security is authorized to administer a grantmaking program and may accept and distribute funds appropriated to it for purposes specified by law. EOTSS is authorized to establish policies and procedures for the administration of any grant making program provided that such policies and procedures are consistent with all applicable laws. The Comptroller will cooperate with EOTSS in establishing a grantmaking program by implementing any and all policies or practices that are necessary to enable distribution of grants and to function in accordance with applicable requirements of law. Notwithstanding any general or special law to the contrary, any grant issued pursuant to the authorization set forth in this section shall not be considered an expenditure or transaction subject to the provisions of M.G.L. Chapter 7, Section 22 and under no circumstances will be construed as or considered to be a procurement of goods and services.