Budget Amendment ID: FY2019-S4-1

OTH 1

Consolidated Net Surplus

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

"SECTION ___. (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2017 by transferring: (i) $25,000,000 to the Massachusetts Community Preservation Trust Fund, established by section 9 of chapter 44B of the General Laws; and (ii) the remaining balance to the Commonwealth Stabilization Fund.

(b) All transfers pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances; provided, however, that no such transfer shall cause a deficit in any of the funds.


Budget Amendment ID: FY2019-S4-2

OTH 2

Conservation Land Tax Credit

Messrs. Tarr, Eldridge, Brownsberger, Boncore, Lesser, O'Connor, Welch and Fattman moved that the proposed new text be amended by inserting after section___, the following new sections:-

"SECTION_. Section 38AA(b) of chapter 63 of the General Laws as appearing in the 2016 official edition is hereby amended by striking out in line 44 the figure “$75,000” and inserting in place thereof the following figure:-“$100,000”


Budget Amendment ID: FY2019-S4-3

OTH 3

Community Preservation Act

Ms. Creem, Messrs. Eldridge, Lewis, Ross and Barrett, Ms. Friedman, Messrs. Crighton, Feeney, Cyr and Hinds, Ms. L'Italien, Ms. Jehlen, Messrs. Boncore, Rush, Welch, Lesser and Keenan, Ms. O'Connor Ives, Messrs. Collins, Brownsberger, DiDomenico and O'Connor moved that the proposed new text be amended by inserting after section ____ the following section: -

“SECTION XX. Section 8 of chapter 44B is hereby amended by striking it in its entirety and inserting in place thereof the following:

Section 8. (a) Except as otherwise provided, the fees of the registers of deeds to be paid when a document or instrument is recorded shall be subject to a surcharge of $50; provided, however, that if the document or instrument to be filed includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $50 surcharge. The fee for recording a municipal lien certificate shall be subject to a surcharge of $25; provided, however, that if the certificate includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $25 surcharge. The surcharges imposed shall be used for community preservation purposes. No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.

(b) 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 of $50. The fees for so registering, filing or entering a municipal lien certificate shall be subject to a surcharge of $25. The surcharges shall be imposed for the purposes of community preservation. No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional lots shown on plans, for indexing instruments recorded while a petition for registering is pending, for additional certificates of sewer assessments, for old age assistance liens, for duplicates and for photocopies.

(c) All surcharges on fees collected pursuant to this section shall be forwarded to the Massachusetts Community Preservation Trust Fund, established in section 9.

SECTION XX:  The commissioner of revenue shall provide notification to the registers of deeds, the assistant recorders and the joint committee on revenue that the new surcharge amounts established under Section XX shall take effect on December 1, 2018. All documents received by the registers of deeds and assistant recorders prior to the effective date shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws in effect on November 30, 2018.

SECTION XX:  Section 8 of Chapter 44B as amended by this Act shall take effect December 1, 2018.”


Budget Amendment ID: FY2019-S4-3-R1

Redraft OTH 3

Community Preservation Act

Ms. Creem, Messrs. Eldridge, Lewis, Ross and Barrett, Ms. Friedman, Messrs. Crighton, Feeney, Cyr and Hinds, Ms. L'Italien, Ms. Jehlen, Messrs. Boncore, Rush, Welch, Lesser and Keenan, Ms. O'Connor Ives, Messrs. Collins, Brownsberger, DiDomenico, O'Connor, Tarr and Tran moved that the proposed new text be amended by inserting after section 13 the following 3 sections:-

“SECTION 13A. Section 8 of chapter 44B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 3, 8 and 23, the figure “20” and inserting in place thereof, in each instance, the following figure:- 50.

SECTION 13B. Said section 8 of said chapter 44B, as so appearing, is hereby further amended by striking out, in lines 10, 14 and 24, the figure “10” and inserting in place thereof, in each instance, the following figure:- 25.

SECTION 13C. Said section 8 of said chapter 44B, as so appearing, is hereby further amended by inserting after the figure “188”, in lines 17 and 27, each time it appears, the following words:- or to the filing of a subordinate mortgage extended by a public agency or quasi-public agency including, but not limited to, a municipality of the commonwealth and the Massachusetts Housing Partnership.

by inserting after section 56 the following 2 sections:-

“SECTION 56A. The commissioner of revenue shall provide notification to the registers of deeds, the assistant recorders and the joint committee on revenue of the changes to surcharges under section 8 of chapter 44B of the General Laws that take effect on December 1, 2018.

SECTION 56B. Notwithstanding section 8 of chapter 44B of the General Laws, a document that is received by a register of deeds or an assistant recorder after December 1, 2018 but is postmarked prior to December 1, 2018 shall be subject to the applicable surcharge under said section 8 of said chapter 44B as in effect on November 30, 2018.”; and

by inserting after section 61 the following section:-

“SECTION 61A. Sections 13A to 13C, inclusive, shall take effect on December 1, 2018.”.


Budget Amendment ID: FY2019-S4-4

OTH 4

Conservation Land Tax Credit Cumulative

Mr. Tarr, Ms. O'Connor Ives, Messrs. Cyr, Eldridge, Brownsberger and Hinds, Ms. Gobi, Messrs. Feeney, O'Connor and Ross, Ms. L'Italien, Messrs. Fattman and Moore moved that the proposed new text be amended by inserting at the end the following twelve sections:

“SECTION AA.  Subsection (p) of section 6 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding, in line 760, after the words “as amended” the following words:- “, or a nonprofit trust in realty organized for the purposes of land conservation established pursuant to chapter 203.”

SECTION BB.  Said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 826, the figure “$2,000,000” and inserting in place thereof the following figure:- “$3,000,000”.

SECTION CC.  Said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 826, the figure “$3,000,000” and inserting in place thereof the following figure:- “$4,000,000”.

SECTION DD.  Said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 826, the figure “$4,000,000”and inserting in place thereof the following figure:- “$5,000,000”.

SECTION EE. Section 38AA of chapter 63, as so appearing, is hereby amended by adding, in line 29, after the words “as amended” the following words:- , or a nonprofit trust in realty organized for the purposes of land conservation established pursuant to chapter 203.

SECTION FF. Said section 38AA of said chapter 63, as so appearing, is hereby amended by striking out, in line 88, the figure “$2,000,000” and inserting in place thereof the following figure:- “$3,000,000”.

SECTION GG. Said section 38AA of said chapter 63, as so appearing, is hereby amended by striking out, in line 88, the figure “$3,000,000” and inserting in place thereof the following figure:- “$4,000,000”.

SECTION HH. Said section 38AA of said chapter 63, as so appearing, is hereby amended by striking out, in line 88, the figure “$4,000,000” and inserting in place thereof the following figure:- “$5,000,000”.

SECTION II.  Sections BB and FF shall take effect on January 1, 2019.

SECTION JJ. Sections CC and GG shall take effect on January 1, 2020.

SECTION KK. Sections DD and HH shall take effect on January 1, 2021.

SECTION LL. This act shall expire on December 31, 2029.”


Budget Amendment ID: FY2019-S4-5

OTH 5

Post-Retirement Earnings Cap Increase

Messrs. Rodrigues, Feeney, Crighton, Hinds, Eldridge and Moore, Ms. L'Italien, Messrs. Pacheco and O'Connor, Ms. Gobi and Mr. Collins moved that the proposed new text be amended by adding the following section:-

SECTION __. Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 97 and 113, the words “nine hundred and sixty” and inserting in place thereof, in each instance the following words:- 1,500


Budget Amendment ID: FY2019-S4-5-R1

Redraft OTH 5

Post-Retirement Earnings Cap Increase

Messrs. Rodrigues, Feeney, Crighton, Hinds, Eldridge and Moore, Ms. L'Italien, Messrs. Pacheco and O'Connor moved that the proposed new text be amended by inserting after section 13 the following section:-

“SECTION 13A. Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 97 and 113, the words “nine hundred and sixty” and inserting in place thereof, each time it appears the following figure:- 1,200”.


Budget Amendment ID: FY2019-S4-7

OTH 7

Restoring the sales tax to 5%

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

"SECTION __. Section 2 of chapter 64H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.8 per cent”, effective August 1, 2018.

SECTION__. Section 2 of said chapter 64H, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.4 per cent”, effective August 1, 2019.

SECTION__. Section 2 of said chapter 64H, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2020.

SECTION __. Section 2 of Chapter 64I of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.8 per cent”, effective August 1, 2018.

SECTION __. Section 2 of said chapter 64I, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5.4 per cent”, effective August 1, 2019.”

SECTION __. Section 2 of said chapter 64I, as so appearing, is hereby amended by striking the words “6.25 per cent” and inserting in place thereof the words “5 per cent”, effective August 1, 2020.”


Budget Amendment ID: FY2019-S4-8

OTH 8

Restoring the income tax to 5%

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

“SECTION__.  Chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking Section 4(b) in its entirety and inserting in place thereof the following:-

Section 4(b) “Part B taxable income shall be taxed at the rate of 5.05 per cent for tax years beginning on or after January 1, 2019; provided however that Part B taxable income shall be taxed at:

- 5.05 per cent for the tax year beginning on January 1, 2019; and

- 5.0 per cent for tax years beginning on or after January 1, 2020.

SECTION__.  The provisions of section __ will take effect on December 31, 2018.”


Budget Amendment ID: FY2019-S4-9

OTH 9

2018 Sales Tax Holiday

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

“SECTION__. (a) Notwithstanding any general or special law to the contrary, for  two days in August, 2018, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(b) Notwithstanding any general or special law to the contrary, for two days in August of 2018, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on for two days in August of 2018. An excise erroneously or improperly collected during the two days in August, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the two days in August of 2018.

(d) On or before December 31, 2018, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources, pursuant to this act. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, without this act.

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

(f) Eligible sales at retail of tangible personal property under sections 175 and 176 of chapter 64H are restricted to those transactions occurring on the two days in August of 2018. Transfer of possession of or payment in full for the property shall occur on one of those days, and prior sales or layaway sales shall be ineligible.”


Budget Amendment ID: FY2019-S4-11

OTH 11

Minimum Standards for compensated tax preparation

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

"SECTION _. The department of revenue shall develop regulations to establish minimum competency standards for compensated tax preparers. At least 10 days prior to promulgating said regulations, the department shall submit a report to the clerks of the house and senate, the joint committee on revenue and the joint committee joint Committee on consumer protection and professional licensure regarding their findings, including any and all feedback provided at public hearings and during the notice and comment period"


Budget Amendment ID: FY2019-S4-12

OTH 12

Retirement Board Membership

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

SECTION __. Subsection (47/8E) of Section 20 of Chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “board”, the fourth time it appears, the following words:- in which he receives said remuneration, financial benefit or consideration of any kind;


Budget Amendment ID: FY2019-S4-13

OTH 13

Sick Leave Buyback

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

SECTION_.Notwithstanding any general or special law to the contrary, section 26 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 61 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 61 of this act, which revisions shall take effect as soon as practicable after the effective date of this act."


Budget Amendment ID: FY2019-S4-15

OTH 15

Local Retirement Boards

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

SECTION __. Subsection (47/8E) of Section 20 of Chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended  by striking out the words "April 2, 2012" and inserting in place thereof the following words:- July 1, 2012


Budget Amendment ID: FY2019-S4-16

OTH 16

Annual Sales Tax Holiday

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

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

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

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

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

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

(f) This act shall take effect beginning August 19, 2019."


Budget Amendment ID: FY2019-S4-17

OTH 17

Essex Sports Center Public Accountability

Mr. Tarr, Ms. Gobi, Messrs. Pacheco and Welch moved that the proposed new text be amended [Amendment Text]

that the proposed new text be amended by inserting, after section___ the following new section:-

"SECTION __.  Chapter 11 of the Acts of 2014 is hereby amended by inserting in subsection (i) of section 22 after the word request the following text:-

; provided further, that the inspector general shall obtain access to all financial documents necessary to complete an audit and analysis of the operations of the facility with regard to factors including but not limited to the lessee’s financial stability, performance of its lease obligations, compliance with local tax payment obligations and required compensation to the school district, its ability to continue to meet all of its obligations, and any other relevant factors that may impact the school, the host community, those served by the facility, the Commonwealth, and other stakeholders.”


Budget Amendment ID: FY2019-S4-17-R1

Redraft OTH 17

Essex Sports Center Public Accountability

Mr. Tarr, Ms. Gobi, Messrs. Pacheco and Welch and Ms. Lovely moved that the proposed new text be amended by inserting, after section 56 the following section:-

"SECTION 56A.  Notwithstanding any general or special law to the contrary, the Essex Sports Center, LLC, as the lessee under section 22 of chapter 237 of the acts of 2014, shall make available and the inspector general shall examine all financial documents necessary to complete an audit and analysis of the operations of the facility with regard to factors which shall include, but not be limited to, Essex Sports Center’s : (i) financial stability; (ii) performance of its lease obligations; (iii) compliance with local tax payment obligations and required compensation to the school district; (iv) ability to continue to meet all of its obligations; and (v) any other relevant factors that may impact the school, the host community, those served by the facility, the commonwealth and other stakeholders. The inspector general shall complete its audit not later than December 31, 2018.”


Budget Amendment ID: FY2019-S4-18

OTH 18

Protecting Animals From Cruelty

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

“SECTION __.  section 54 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the word “harm”, in line 25, the following words:- to a person or an animal.”


Budget Amendment ID: FY2019-S4-21

OTH 21

Commuter Tax Benefits

Messrs. Keenan, Crighton, Ross, Moore, Eldridge, Tarr, Timilty and O'Connor moved that the proposed new text be amended by inserting after section ___ the following section: -

“SECTION __.  Section 1 of Chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended, in subsection (c), by inserting after the figure “106,” the following  figures:- 132(f)(2)(A), 132(f)(2)(C),”


Budget Amendment ID: FY2019-S4-22

OTH 22

Trade School Education

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

SECTION __. Subsection (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following new subparagraph:

(20) An amount equal to the amount by which tuition payments by the taxpayer to an occupational school or trade school in which the taxpayer or a dependent of said taxpayer, pursuant to subparagraph (3) of paragraph (b) of part B, is enrolled, less any scholarships, grants or financial aid received, exceeds twenty-five percent of the taxpayer’s Massachusetts adjusted gross income, exclusive of this deduction but, the deduction shall be limited in the manner provided in section 222(d)(3) of the Code as amended and in effect for the taxable year. An individual who is a nonresident for all or part of the taxable year shall not be eligible to claim this deduction.

SECTION __. Subsection (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subparagraph (12) and inserting in place thereof the following subparagraph:-

(12) An amount equal to the amount of interest payments paid by the taxpayer on education debt during the taxable year. For the purposes of this subparagraph, the term "education debt'' shall mean any loan which was or is administered by the financial aid office of an occupational school or trade school, or a two-year or four-year college at which the taxpayer, or a dependent of such taxpayer, pursuant to subparagraph (3) of paragraph (b) of Part B of this section, was enrolled as an undergraduate student and which loan has been secured through a state student loan program, a federal student loan program or a commercial lender and which loan was obtained and expended solely for the purposes of paying tuition and other expenses directly related to such undergraduate student enrollment. A taxpayer who claims a deduction under this section shall not be eligible for a deduction for the same expenses under subparagraph (1) of paragraph (d) of section 2 of this chapter.


Budget Amendment ID: FY2019-S4-26

OTH 26

Employee Orientations

Messrs. Feeney and Timilty, Ms. Gobi, Mr. Moore, Ms. L'Italien, Messrs. O'Connor, Welch, Pacheco, Cyr and Crighton moved that the proposed new text be amended by adding the following new section:-

 

SECTION X. Chapter 150e of the General Laws is hereby amended by inserting the following new section:-

 

Section 5A.  Public employers shall provide to an employee organization access to members of the bargaining unit that the employee organization exclusively represents.  Access includes, the right to meet with newly hired employees, without charge to the pay or leave time of the employees, for a minimum of 30 minutes, within 10 calendar days from the date of hire, during new employee orientations, or if the employer does not conduct new employee orientations at individual or group meetings.  In the case of school employees, the employer shall notify the exclusive representative of a hiring decision within 10 calendar days of the date a prospective employee accepts an offer of employment.


Budget Amendment ID: FY2019-S4-30

OTH 30

Protecting research animals

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

"SECTION _. Chapter 140 of the General Laws is hereby amended by inserting after Section 174D, the following new section:-

Section 174D1/2. Responsibilities of research institutions; adoption of certain dogs and cats

(a) Except as otherwise provided in subsection (b), a research institution or product testing facility that intends to euthanize or destroy a dog or cat for any purpose other than scientific, medical or educational research shall, before euthanizing or destroying the dog or cat, offer the dog or cat to an animal shelter or animal rescue organization for adoption or through private placement. A research institution or product testing facility may enter into a collaborative agreement with an animal shelter or rescue organization for the purpose of carrying out the provisions of this subsection.

(b) A research institution or product testing facility is not required to offer a dog or cat to an animal shelter or rescue organization pursuant to subsection 1 if the dog or cat: (1) manifests a behavioral or temperamental defect that poses a risk to the health and safety of the public; (2) manifests symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is likely to adversely affect, the health of the dog or cat; or (3) is a newborn dog or cat in need of maternal care.

(c) A facility that is required to offer dogs and cats for adoption under this section shall owe no duty of care to any animal shelter or rescue organization that accepts the animal or to any person or entity that may adopt such animals, whether through such organizations or through private placement. No assumption of responsibility or liability for injuries, property damage, or other damages or losses shall be incurred by such research facility on account of the adoption or placement of any dog or cat pursuant to the provisions of this act.

SECTION _. Section 136A of Chapter 140 of the General Laws is hereby amended by inserting the following:-

“Product testing facility”, a facility that is privately owned or funded; or receives public funding, including, but not limited to, any subsidy, grant or tax exemption, either directly or indirectly, through collaboration with an institution of higher education, that is engaged in animal research for scientific, medical, or educational purposes.

“Animal rescue organization”, a person, organization, or other legal entity, that is not otherwise required to be licensed under M.G.L. c. 129, Section 39, 39A, or 45, or under M.G.L. c. 94, Section 152A, and that either on its own behalf or as a facilitator for others engages or arranges for others to engage in the activities of transferring ownership of a domestic animal. The organization is registered with the department of agricultural resources.

“Animal shelter”, a facility operated, owner, or maintained by an animal rescue organization that exists for the purpose of receiving, maintaining, caring for, transporting, or transferring ownership of a domestic animal, but not a foster home.


Budget Amendment ID: FY2019-S4-31

OTH 31

Title V Reform

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

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


Budget Amendment ID: FY2019-S4-32

OTH 32

Identification retention

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

"Section __. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after clause (c) of Section 2, of chapter 93H, the following new clause:-

(d) No private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts shall have the authority to retain the original or copy, or scan or any form of identification that is issued by the commonwealth of Massachusetts, the United States of America, or any other governmental entity, unless explicit written or verbal consent is given by the individual or legal representative of the individual furnishing said identification."


Budget Amendment ID: FY2019-S4-32-R1

Redraft OTH 32

Identification retention

Messrs. Tarr and Fattman moved that the proposed new text be amended "Section __. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after clause (c) of Section 2, of chapter 93H, the following new clause:- (d) No private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts shall have the authority to retain the original or copy, or scan or any form of identification that is issued by the commonwealth of Massachusetts, the United States of America, or any other governmental entity, unless explicit written or verbal consent is given by the individual or legal representative of the individual furnishing said identification unless said private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts is subject to applicable federal law, rule, regulation, guidance or guidelines regarding the protection and privacy of personal information; provided further that if said person or agency does not comply with applicable federal laws, rules, regulations, guidance or guidelines, then it shall be subject to the provisions of this chapter.


Budget Amendment ID: FY2019-S4-33

OTH 33

Municipal Gas Tax Exemption

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

“SECTION__. Chapter 64A of the General Laws, as most recently amended by chapter 46 of the acts of 2013, is hereby further amended by inserting, after section 7A, the following section:-

Section 7B. The sale of fuel to a city or town which was consumed for any municipal purpose shall be exempt from the excise established by this chapter.”


Budget Amendment ID: FY2019-S4-34

OTH 34

Super Research and Development Tax Credit

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

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

Super Research and Development Tax Credit

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

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

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

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

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

 


Budget Amendment ID: FY2019-S4-35

OTH 35

Refrigeration Apprentices

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

SECTION __. Section 81 of Chapter 146 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking paragraph 13 and inserting the following:-

 

“Refrigeration Apprentice,” any registered person who is working at the business of refrigeration under the supervision of a master refrigeration technician or journeyman refrigeration technician


Budget Amendment ID: FY2019-S4-36

OTH 36

Long term care insurance

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

 

"SECTION__. Section 33 of chapter 118E of the General Laws, as so appearing in the 2016 Official Edition, is hereby amended by inserting after the word “that,” in line 7, the following words:- "on that date or".


Budget Amendment ID: FY2019-S4-37

OTH 37

Low income tax clinics

Messrs. Lewis and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, by inserting after item 1201-0109 the following item:- 1201-0122   For grants to qualified low-income taxpayer clinics established in section 13 of chapter 14 of the General Laws; provided, that the department shall report to the house and senate committees on ways and means not later than March 1, 2018 on: (i) the number of grant applications; (ii) the number of rejected applications; (iii) the reasons for those rejections; (iv) the estimated number of taxpayers served by each approved grant; (v) the geographic location of the approved grant recipient clinic; and (vi) the average size of approved grants............................................................................. $150,000


Budget Amendment ID: FY2019-S4-37-R1

Redraft OTH 37

Low income tax clinics

Messrs. Lewis and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, by inserting after item 1201-0100 the following item:- 1201-0122   For grants to qualified low-income taxpayer clinics established in section 13 of chapter 14 of the General Laws; provided, that the department shall report to the house and senate committees on ways and means not later than March 1, 2018 on: (i) the number of grant applications; (ii) the number of rejected applications; (iii) the reasons for those rejections; (iv) the estimated number of taxpayers served by each approved grant; (v) the geographic location of the approved grant recipient clinic; and (vi) the average size of approved grants............................................................................. $150,000


Budget Amendment ID: FY2019-S4-38-R1

Redraft OTH 38

Rejecting diversion of money to private schools

Ms. Jehlen, Messrs. Brady, Eldridge, Cyr, Boncore, O'Connor and Lesser and Ms. Friedman moved that the proposed new text be amended by inserting after section 13 the following 2 sections:-

“SECTION 13A. Paragraph (1) of subsection (a) of section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:-

(J) Amounts withdrawn from an account in a prepaid tuition program or college savings program established by the commonwealth or an instrumentality or authority of the commonwealth to pay for expenses associated with enrollment or attendance at an elementary or secondary school that are attributable to: (i) amounts expended for the purchase of an interest in or amounts contributed to such account for which the deduction in paragraph (19) of subsection (a) of part B of section 3 was allowed in a previous taxable year; or (ii) earnings and gains not included in federal gross income under section 529 of the Code, as amended and in effect for the taxable year.

SECTION 13B. Section 3 of said chapter 62, as so appearing, is hereby amended by inserting after the words “26 U.S.C. 529(e)(3)”, in lines 202 and 203, the following words:- ; provided, however, that “qualified higher education expenses” shall not include an expense associated with enrollment or attendance at an elementary or secondary school.”.


Budget Amendment ID: FY2019-S4-38

OTH 38

Rejecting diversion of money to private schools

Ms. Jehlen, Messrs. Brady, Eldridge, Cyr and Boncore, Ms. Friedman and Mr. Lewis moved that the proposed new text be amended by inserting after section 13 the following section:-

 

“SECTION 13A. Section 3 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “26 U.S.C. 529(e)(3)”, in lines 202-203, the following words:- ; provided, however, that “qualified higher education expenses” shall not include an expense associated with enrollment or attendance at an elementary or secondary school.”.


Budget Amendment ID: FY2019-S4-39

OTH 39

Autocycle motor vehicle definition and operating requirements

Messrs. Collins, Boncore and O'Connor moved that the proposed new text be amended by adding the following sections:

"SECTION XX. Section 1 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “auto home” the following definition:-

“Autocycle”, a three-wheel motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride it.

SECTION XX. Section 7 of said chapter 90, as so appearing, is hereby amended by inserting:

in line 149, after the word “motorcycle”, the words “or autocycle”;

in line, 149, after the word “passenger”, the words “in an autocycle or”;

in line 153, after the word “motorcycle”, the words “or autocycle”; and

in line 154, after the words “on such”, the words “autocycle or”.

SECTION XX. Section 8 of said chapter 90, as so appearing, is hereby amended by adding at the end thereof the following new paragraph:-

Any person possessing a valid class D operator’s license shall be permitted to operate an autocycle."


Budget Amendment ID: FY2019-S4-40

OTH 40

MWRA Group 2

Mr. Collins, Ms. Gobi, Messrs. O'Connor and Cyr moved that the proposed new text be amended by adding the following section:

"SECTION XX. Section 3 of Chapter 32 of the Generals Laws, as appearing in the 2006 Official Edition is hereby amended by inserting after the word “police” in line 236, the following words:- non-clerical workers of the Massachusetts Water Resources Authority"


Budget Amendment ID: FY2019-S4-41

OTH 41

Shared Jurisdiction

Messrs. Collins and Boncore moved that the proposed new text be amended by adding the following section:

"Section XX: Section 110 of Chapter 205 of the Acts of 1996 is hereby amended by deleting the words, “and Massachusetts port authority properties” and inserting in place thereof the following:

"and other Massachusetts port authority properties dedicated exclusively to aviation operations and shall have concurrent police authority with the local police force in all other Massachusetts port authority properties."


Budget Amendment ID: FY2019-S4-41-R1

Redraft OTH 41

Shared Jurisdiction

Messrs. Collins and Boncore moved that the proposed new text be amended by inserting after section 37  the following section:-

"SECTION 37A.  Section 110 of chapter 205 of the acts of 1996 is hereby amended by inserting after the word “properties”, in line 3, the following words:- ; provided, however, that the department of state police may enter into a memorandum of understanding or other written agreement with a local police department to authorize and delineate the authority a local police department may exercise on a Massachusetts Port Authority property other than the General Edward Lawrence Logan international airport or a Massachusetts Port Authority property dedicated exclusively to aviation operations. The memorandum or written agreement may include, but shall not be limited to, an authorization for a local police department to have concurrent jurisdiction.”


Budget Amendment ID: FY2019-S4-45

OTH 45

Open Space Advertising

Messrs. Collins and Moore moved that the proposed new text be amended by adding the following sections:

SECTION XX. Section 3 of chapter 6C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 294, the word “and”.

SECTION XX. Said section 3 of said chapter 6C, as so appearing, is hereby further amended by adding at the end thereof the following 2 subclauses:-

(49) sell, lease or otherwise contract for advertising, including in or on the facilities of the department; provided, that advertising appearing on the exterior of the facility, including billboards, signs and other advertising devices, shall be consistent with local ordinances or by laws; and

(50) exercise all the powers and duties formerly exercised by the outdoor advertising  board under chapter 93.

SECTION XX. Section 29 of chapter 93, as so appearing, is hereby amended by inserting after the first sentence the following 2 sentences:-

For the purposes of this section, a public park or reservation shall include a parkway under the jurisdiction of the department of conservation and recreation. Such rules and regulations shall require that said billboards, signs, and other advertising devices: (i) shall not be located within 500 feet of a public park or reservation without local approval; (ii) shall not  obstruct the view of any location listed on the national register of historic places without local approval; (iii) shall be restricted on particular premises as necessary to promote the protection of  open space.

SECTION XX. Paragraph (n) of section 3 of chapter 161A, as so appearing, is hereby  amended by inserting after the word “authority”, in line 120, the following words:- ; provided,  that outdoor advertisements shall be subject to local zoning and approval.

SECTION XX. Clause (50) of section 3 of chapter 6C, as inserted by section 1 of this act, shall take effect as of November 1, 2009.


Budget Amendment ID: FY2019-S4-46

OTH 46

Enhancing the Anti-SLAPP Law in the Commonwealth

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

SECTION __. Section 59H of Chapter 231 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking the section in its entirety and inserting in place there of the following new section:-

Section 59H. Strategic Litigation Against Public Participation; Special Motion to Dismiss

The purpose of this statute is to ensure full participation by citizens and organizations in the robust discussion of issues in furtherance of the right of petition, and of the rights of freedom of speech and of expression in connection with any matter of public concern. Because there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of First Amendment rights to speak on public issues, this statute recognizes that such litigation is disfavored and should be resolved quickly with minimum cost to those exercising their rights protected by the First Amendment to the U.S. Constitution or Article 16 of the Massachusetts Declaration of Rights. In furtherance of this purpose, in any case in which a party asserts that the civil claims, counterclaims, cross claims or pre-suit discovery against said party are based, either in whole or in part, on said party’s exercise of its right of petition, or of its rights of freedom of speech or freedom of expression in connection with any matter of public concern under the Constitution of the United States or of the Commonwealth, said party may bring a special motion to dismiss.

(a) The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. The court shall grant such special motion, unless the party against whom such special motion is made shows that:

i. the moving party’s exercise of its right of petition, or of the freedom of speech or freedom of expression in connection with any matter of public concern, either acting solely or in connection with others, was devoid of any reasonable factual support or any arguable basis in law; and

ii. the moving party’s acts caused actual injury to the responding party.

In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(b) The attorney general, on his behalf or on behalf of any government agency or subdivision to which the moving party’s acts were directed, may intervene to defend or otherwise support the moving party on such special motion.

(c) All discovery proceedings shall be stayed upon the filing of the special motion to dismiss under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that limited, specified discovery on the motion may be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.

(d) Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.

(e) If the court grants such special motion to dismiss, the court shall award the moving party all costs and reasonable attorneys’ fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.

(f) If the court denies such special motion to dismiss, the moving party shall be entitled to an interlocutory appeal of such denial. If such an interlocutory appeal is filed, the discovery stay shall remain in effect until the appeal is decided.

(g) As used in this section, the phrases “freedom of speech” and “freedom of expression” shall be defined as those rights are defined under the U.S. Constitution or the Massachusetts Constitution, whichever provides greater protection for the moving party.

(h) As used in this section, the words “right of petition” shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding; any statement reasonably likely to enlist public participation in an effort to effect such consideration; or any other statement falling within constitutional protection of the right to petition government.

(i) As used in this section, the term “matter of public concern” shall be defined as inclusive of any written or oral statement that is recorded, displayed or distributed in-person or via any form of media, concerning any matter of political, social or other concern to the community, including but not limited to:

(1) public health or safety;

(2) environmental, economic, or community well-being;

(3) the government or public policy;

(4) a public official or public figure; or

(5) a good, product, or service in the marketplace or otherwise offered to the public.


Budget Amendment ID: FY2019-S4-47

OTH 47

Metropolis Rink in Canton

Mr. Timilty moved that the proposed new text be amended by inserting after section x the following section:- “SECTION XXX. Notwithstanding any general or special law to the contrary, funds borrowed by the commonwealth may be expended to reimburse municipal debt incurred to create the capital asset to be wholly owned by the commonwealth, as authorized by section 58 of chapter 239 of the acts of 2012, as amended; provided that funds shall not be expended for this purpose until funds are expended for the department of conservation and recreation’s Metropolis ice rink in the town of Canton.”

 


Budget Amendment ID: FY2019-S4-48

OTH 48

Group 2 Retirement for DCF Attorneys

Messrs. Timilty, Moore and O'Connor moved that the proposed new text be amended by inserting after section X the following section:- "Section XXX. Section 3 of chapter 32 of the General Laws, as appearing in the 2008 official edition, is hereby amended by inserting after the word "prisoners" in line 252 the following words:- "employees of the department of children and families holding the position of attorney who have been employed in such capacities for 10 years or more".


Budget Amendment ID: FY2019-S4-49-R1

Redraft OTH 49

Corrective Amendment

Ms. Spilka moved that the proposed new text be amended in section 2, in item 0321-1506, by striking out, in line 5, the words “AA object class” and inserting in place thereof the following words:- “AA and DD object classes”; and

in said section 2, in item 0337-0002, by striking out the figure “$20,248,171” and inserting in place thereof the following figure:- “$21,265,155”; and

in said section 2, in item 0640-0300, by striking out the figure “$14,034,982” and inserting in place thereof the following figure:- “$16,054,982”; and

in said section 2, in item 1102-3309, by striking out the figure “$2,735,396” and inserting in place thereof the following figure:- “$2,799,396”; and

in said section 2, in item 1410-0010, by striking out the figure “$3,557,840” and inserting in place thereof the following figure:- “$3,717,840”; and

in said section 2, in item 1410-0012, by striking out the figure “$4,556,641” and inserting in place thereof the following figure:- “$4,654,262”; and

in said section 2, in item 1599-0026, by striking out, in line 8, the words “fiscal year 2018” and inserting in place thereof the following figure:- “2010”; 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:- “$7,465,000”; and

in said section 2, in item 2000-0100, by striking out the figure “$9,245,558” and inserting in place thereof the following figure:- “$9,445,558”; and

in said section 2, in item 2200-0100, by striking out the figure “$24,637,344” and inserting in place thereof the following figure:- “$24,712,344”; and

in said section 2, in item 2330-0100, by striking out the figure “$6,369,289” and inserting in place thereof the following figure:- “$6,514,289”; and

in said section 2, in item 2511-0100, by striking out the figure “$4,945,785” and inserting in place thereof the following figure:- “$5,621,785”; and

in said section 2, in item 2511-0105, by striking out the figure “$16,500,000” and inserting in place thereof the following figure:- “$18,200,000”; and

in said section 2, in item 2810-0122, by striking out the words “$50,000 shall be expended for the town of Charlton”, inserted by amendment number 53, and inserting in place thereof the following words:- “$25,000 shall be expended for the town of Charlton”; and

in said section 2, in said item 2810-0122, by striking out the figure “$175,000” and inserting in place thereof the following figure:- “$2,805,000”; and

in said section 2, in item 3000-1000, by striking out the figure “$5,917,993” and inserting in place thereof the following figure:- “$6,042,993”; and

in said section 2, in item 4000-0300, by striking out, in lines 22 to 31, inclusive, the words “(i) the administration of the executive office, for the equivalent of MassHealth standard benefits for children under 21 years of age who are in the care or custody of the department of youth services or the department of children and families; (ii) dental benefits provided to clients of the department of developmental services who are 21 years of age or older; (iii) managed care capitation payments for MassHealth members who are residents of institutions for mental disease for more than 15 days in any calendar month and otherwise as explicitly authorized; or (iv)” and inserting in place thereof the following words:- “(i) for the administration of the executive office; (ii) for the equivalent of MassHealth standard benefits for children under 21 years of age who are in the care or custody of the department of youth services or the department of children and families; (iii) for dental benefits provided to clients of the department of developmental services who are 21 years of age or older; (iv) for managed care capitation payments for MassHealth members who are residents of institutions for mental disease for more than 15 days in any calendar month and otherwise as explicitly authorized; or (v) for”; and

in said section 2, in said item 4000-0300, by striking out, in lines 65 to 69, inclusive, the words “; provided further, that any such transfer shall not be made later than September 30, 2019; provided further, that any projected aggregate deficiency among these items shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of total funding”; and

in said section 2, in said item 4000-0300, by striking out the figure “$103,379,599” and inserting in place thereof the following figure:- “$104,038,044”; and

in said section 2, in item 4000-0601, by striking out, in line 16, the words “elder affairs” and inserting in place thereof the following words:- “ health and human services”; and

in said section 2, in item 4000-0700, by striking out the figure “$2,628,178,033” and inserting in place thereof the following figure:- “$2,630,178,033”; and

in said section 2, in item 4110-1000, by striking out the figure “$6,071,917” and inserting in place thereof the following figure:- “$6,421,917”; and

in said section 2, in item 4400-1020, by striking out, in line 13, the words “HAP, Inc.” and inserting in place thereof the following words:- “Way Finders”; and

in said section 2, in item 4510-0110, by striking out the figure “$503,653” and inserting in place thereof the following figure:- “$878,653”; and

in said section 2, in item 4510-0600, by striking out the figure “$3,755,666” and inserting in place thereof the following figure:- “$3,905,666”; and

in said section 2, in item 4512-0205, by striking out the figure “$425,000” and inserting in place thereof the following figure:- “$1,564,000”; and

in said section 2, in item 4513-1020, by striking out, in line 34, the word “a” and inserting in place there of the following figure:- “1”; and

in said section 2, in item 4513-1026, by striking out the figure “$4,110,788” and inserting in place thereof the following figure:- “$4,190,788”; and

in said section 2, in item 4513-1111, by striking out the figure “$3,434,369” and inserting in place thereof the following figure:- “$3,659,369”; and

in said section 2, in item 4513-1130, by striking out the figure “$37,111,883” and inserting in place thereof the following figure:- “$37,286,883”; and

in said section 2, in item 4590-0250, by striking out the figure “$11,765,955” and inserting in place thereof the following figure:- “$12,615,955”; and

in said section 2, in item 4590-1507, by striking out the figure “$500,000” and inserting in place thereof the following figure:- “$4,358,151”; and

in said section 2, in item 4800-0038, by striking out the figure “$297,006,167” and inserting in place thereof the following figure:- “$297,666,167”; and

in said section 2, in item 5042-5000, by striking out the figure “$92,196,539” and inserting in place thereof the following figure:- “$92,542,039”; and

in said section 2, in item 5046-0000, by striking out the figure “$486,920,614” and inserting in place thereof the following figure:- “$487,735,614”; and

in said section 2, in item 5095-0015, by striking out the figure “$207,949,576” and inserting in place thereof the following figure:- “$209,749,576”; and

in said section 2, in item 5911-1003, by striking out the figure “$68,888,505” and inserting in place thereof the following figure:- “$69,038,505”; and

in said section 2, in item 7002-0010, by striking out the figure “$2,147,026” and inserting in place thereof the following figure:- “$2,322,026”; and

in said section 2, in item 7002-0020, by striking out the figure “$2,500,000” and inserting in place thereof the following figure:- “$2,690,000”; and

in said section 2, in item 7003-0100, by striking out the figure “$743,578” and inserting in place thereof the following figure:- “$773,578”; and in said section 2, in item 7003-1206, by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$1,505,000”; and

in said section 2, in item 7004-0099, by striking out the figure “$6,739,414” and inserting in place thereof the following figure:- “$7,681,204”; and

in said section 2, in item 7008-0900, by striking out the figure “$848,176” and inserting in place thereof the following figure:- “$4,407,676”; and

in said section 2, in item 7010-0005, by striking out the figure “$12,098,745” and inserting in place thereof the following figure:- “$13,458,745”; and

in said section 2, in item 7010-0012, by striking out the figure “$21,142,582” and inserting in place thereof the following figure:- “$22,182,582”; and

in said section 2, in item 7027-0019, by striking out the figure “$4,000,000” and inserting in place thereof the following figure:- “$4,900,000”; and

in said section 2, in item 7035-0002, by striking out the figure “$31,000,000” and inserting in place thereof the following figure:- “$33,350,000”; and

in said section 2, in item 7053-1909, by striking out the figure “$5,314,176” and inserting in place thereof the following figure:- “$5,324,176”; and

in said section 2, in item 7061-0008, by striking out the figure “$4,907,196,515” and inserting in place thereof the following figure:- “$4,907,573,321”; and

in said section 2, in item 7061-0012, by striking out the figure “$318,895,293” and inserting in place thereof the following figure:- “$319,345,293”; and

in said section 2, in item 7061-9611, by striking out the figure “$2,858,009” and inserting in place thereof the following figure:- “$3,648,009”; and

in said section 2, in item 7066-0040, by striking out the figure “$240,260” and inserting in place thereof the following figure:- “$625,260”; and

in said section 2, in item 7100-0200, by striking out the figure “$518,667,080” and inserting in place thereof the following figure:- “$518,917,080”; and

in said section 2, in said item 8000-0600, by striking out the words “$50,000 be expended to the town of Barre”, inserted by amendment number 1143, and inserting in place thereof the following  words:- “$25,000 shall be expended to the town of Barre”; and

in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$4,435,115”; and

in said section 2, in item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$25,535,145”; and

in said section 2, in item 8900-0001, by striking out the figure “$625,104,903” and inserting in place thereof the following figure:- “$627,379,903”; and

in said section 2, in item 8910-0108, by striking out the figure “$16,232,777” and inserting in place thereof the following figure:- “$16,382,777”; and

in said section 2, in item 9110-1455, by inserting after the word “Laws”, in line 2, the following words:- “and for the operations of the consolidated MassOptions, prescription advantage and 800-age-info customer service centers”; and

in said section 2, in item 9110-9002, by striking out the figure “$15,700,000” and inserting in place thereof the following figure:- “$16,200,000”; and

in section 2D, by inserting after item 0840-0110 the following item:-

“1100-1702 For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for the grant, this account shall be exempt from the first $298,560 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws…$1,538,950”; and

in section 2E, in item 1595-1068, by inserting after the figure “2019”, in line 5, the following word:- “or”; and

in said section 2E, in item 1595-6368, by striking out the figure “$322,679,448” and inserting in place thereof the following figure:- “$323,246,448”; and

in section 19, by striking out, in line 4, the word “participating”; and

in said section 19, by striking out, in line 15, the word “provided”; and

in said section 19, by striking out, in line 19, the word- “to be offered” and inserting in place thereof the following words:- “applied or expected to be applied to”; and

by striking out section 20 and inserting in place thereof the following section:-

“SECTION 20. Section 43M of chapter 114 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

A board of health may authorize the cremation of unclaimed remains by signing a cremation form for unclaimed remains under the following circumstances: (i) the unclaimed remains shall be in a location that is within the jurisdiction of the board of health; (ii) the board of health has received notice that either no person has come forward to claim the remains or that no person may legally claim the remains; provided, however that the board of health shall wait 30 days after such notification under this clause prior to signing the cremation form. There shall be no liability for a board of health or an employee or agent thereof that authorizes the disposal of unclaimed remains in accordance with this section.”; and; and

in section 22, by inserting after the word “report”, in line 77, the following words:- “to the clerks of the senate and house of representatives, the joint committee on healthcare financing and the house and senate committees on ways and means”; and

in section 42, by striking out, in line 61, the words “of chapter 268A” and inserting in place thereof the following words:- “section 4, 6 or 17 of chapter 268A of the General Laws”; and

in section 43, by striking out, in line 31 and 32, the words “ of chapter 268A”, and inserting in place thereof the following words:- “section 4, 6 or 17 of chapter 268A of the General Laws”; and

by striking out amendment number 895; and

by inserting after section 56 the following section:-

“SECTION 56A.  The division of marine fisheries shall conduct an assessment on whether allowing the on-shore processing of live lobsters of legal length into frozen shell-on lobster parts or tails and the importation of unfrozen shell-on lobster parts or tails for further processing would harm the lobster stock and the sustainability of the commercial lobster industry in the commonwealth. The assessment shall be conducted within 90 days after the effective date of this act.

If the assessment finds that allowing the on-shore processing in the commonwealth of live lobsters of legal length into frozen shell-on lobster parts or tails and the importation of unfrozen shell-on lobster parts or tails for further processing would not harm the lobster stock or the sustainability of the commercial lobster industry, then the division of marine fisheries shall issue regulations to allow for the on-shore processing in the commonwealth of live lobsters of legal length into frozen shell-on lobster parts or tails and the importation of unfrozen shell-on lobster parts or tails for further processing.

The regulations shall be submitted to the clerks of the senate and house of representatives, the joint committee on environment, natural resources and agriculture and the house and senate committee on ways and means not less than 60 days prior to their implementation.”


Budget Amendment ID: FY2019-S4-49

OTH 49

Corrective Amendment

Ms. Spilka moved that the proposed new text be amended in section 19, by striking out, in line 4, the “participating” and inserting in place thereof the following word:- “to participate”; and

in said section 19, by striking out, in line 15, the following word:- “provided”; and

in said section 19, by striking out, in line 19, the words:- “to be offered” and inserting in place thereof the following words:- “applied or expected to be applied to”; and

in section 22, by inserting, in line 77, after the word “report” the following words:- “to the clerks of the senate and house of representatives, joint committee on healthcare financing and the house and senate committees on ways and means”.


Budget Amendment ID: FY2019-S4-50-R1

Redraft OTH 50

Employment of Persons with Disabilities

Messrs. Collins and Welch, Ms. L'Italien, Messrs. Montigny, O'Connor and Eldridge moved that the proposed new text be amended by adding the following section:

SECTION XX. Notwithstanding any general or special law to the contrary, the supplier diversity office, in consultation with the Massachusetts office on disability, shall establish a pilot program with a utilization, contract-based goal of 7 per cent for the inclusion of qualified individuals with disabilities in any state contract for three services to be specified by the supplier diversity office that may include, but shall not be limited to: (i) janitorial and custodial services; (ii) landscaping services; (iii) mail room services; (iv) food services; (v) fleet management; (vi) manufacturing; (vii) trash removal; (viii) document destruction; (ix) electronic scanning of documents; and (x) facility management services, including but not limited to HVAC services, painting, emergency repair services and snow removal. The goal of the pilot program shall be to promote the recruitment, hiring, promotion and retention of individuals with disabilities and to assist state contractors in evaluating and measuring levels of success in the recruitment, hiring, promotion and retention of individuals with disabilities. The utilization goal shall not be used as a quota, limit or to restrict the employment of individuals with disabilities.

 

For the purposes of the pilot program: (i) contractors shall apply the utilization goal to the direct workforce needs of the awarded contract or to the entire workforce of the contractor if the contractor has 50 or fewer employees; and (ii) a “qualified individual” shall have the same meaning as set forth in 41 C.F.R. 60-741.2.  The pilot program shall not apply to existing state contracts.

 

The pilot program shall be established not later than September 1, 2018. Not later than September 1, 2019, the supplier diversity office shall file an interim report on the progress of the pilot program.  An additional final report shall be filed not later than 180 days following the completion of the pilot program.  The reports shall be filed with the clerks of the senate and house, the chairs of the senate and house committees on ways and means, the chairs of the joint committee on state administration and regulatory oversight and the chairs of the joint committee on children, families and persons with disabilities.


Budget Amendment ID: FY2019-S4-50

OTH 50

Employment of Persons with Disabilities

Messrs. Collins and Welch, Ms. L'Italien, Messrs. Montigny, O'Connor and Eldridge moved that the proposed new text be amended by adding the following section:

 

"Section XX.  Chapter 7 of the Massachusetts General Laws is hereby amended by placing after Section 38P the following:-

 

"SECTION XX. (a) Any contract issued for services in the Commonwealth of Massachusetts or any political subdivision there-in that receives appropriated funds from the legislature of the Commonwealth of Massachusetts shall at a minimum employ 10% of individuals hired within that contract be individuals with disabilities.

 

(b) Such services shall include but not be limited to janitorial and custodial services, landscaping services, mailroom services, food services, fleet management, manufacturing, trash removal, document destruction, electronic scanning of documents, and facility management services including but not limited to HVAC Services, Painting, Emergency Repair Series, and Snow Removal.

 

(c) For the purposes of this act, an individual with a disability will be defined as; someone (i) who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) someone whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and (iii) someone who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation to cause comparable substantial functional limitation."

 

(d) The SDO (Supplier Diversity Office) shall, in consultation with the Massachusetts Office on Disability, oversee, monitor and insure compliance with the aforementioned provision.

 

(e) The 10% requirement shall be met within one year of award of such contract, and steps shall be taken to minimize the displacement of any workers already providing the services covered by such contract."


Budget Amendment ID: FY2019-S4-51-R1

Redraft OTH 51

APR Waiver and Appeals

Mr. Rodrigues, Ms. Gobi, Messrs. Tarr, Ross, Moore, Humason, O'Connor and Montigny moved that the proposed new text be amended by inserting, after section 5 the following 7 sections:-

“SECTION5A. Section 1 of chapter 20 of the General Laws, as appearing the 2016 Official Edition, is hereby amended by adding the following paragraph:-

The commissioner shall notify and provide the board with an opportunity to consult, review and comment on policies and regulations proposed by the commissioner pursuant to section 23.

SECTION 5B. Subsection (a) of section 23 of said chapter 20, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 4 sentences:-

The commissioner of agricultural resources shall, subject to the approval of the agricultural lands preservation committee established in section 24 and in consultation with the board of agriculture established in section 1, establish policies and promulgate regulations for the management and oversight of the program to assist the commonwealth in the acquisition of agricultural preservation restrictions. The commissioner shall promulgate regulations pursuant to this section in accordance with section 2 of chapter 30A, including the requirement that a public hearing be held. The regulations shall, at a minimum: (i) establish criteria for when the department may exercise a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in an agricultural preservation restriction as held by the commonwealth; and (ii) establish a process for waiver requests pursuant to subsection (d). Nothing in this section shall be construed as requiring the department to include any of the rights above when acquiring an agricultural preservation restriction.

SECTION 5C. Said subsection (a) of said section 23 of said chapter 20, as so appearing, is hereby further amended by adding the following 2 paragraphs:-

As a condition of an agricultural preservation restriction acquired under this section, the owner of land subject to such a restriction held by the commonwealth shall be required to participate in a meeting with the department to discuss, and for the department to explain, the terms and conditions of the agricultural preservation restriction. If the landowner intends to sell the land subject to the restriction, the landowner shall, prior to submitting a requisite notice of intent to sell, participate in a meeting with the proposed purchaser and the department to discuss the requirements under this section and the requirements of any requests for waivers of the department’s right to exercise or assign a right to acquire an interest in land through a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. A meeting held in accordance with this section shall occur on the parcel of land subject to the restriction under consideration or at a location and time agreed upon by the landowner, proposed purchaser of the land and the department. If the agricultural preservation restriction was acquired in cooperation with a partner agency, the department shall obtain the approval of the partner agency prior to incorporating these conditions into any agricultural preservation restrictions.

The department shall review, once every 3 years and in consultation with the board of agriculture and the agricultural lands preservation committee, all existing guidance, policies, procedures and regulations relative to the management and oversight of the program pursuant to this section and propose updates to the guidance, policies, procedures or regulations that are necessary to improve and modernize the management of the program. This review shall include regional public hearings to assess the effectiveness of the program and existing guidance, policies, procedures and regulations. A copy of any guidance, policies, procedures or regulations, whether proposed or promulgated under this section, shall be mailed to all owners of land subject to agricultural preservation restrictions held by the commonwealth not less than 21 days prior to the date of a public hearing.

SECTION 5D. Subsection (c) of said section 23 of said chapter 20, as so appearing, is hereby amended by striking out, in line 49, the word “, may” and inserting in place thereof the following words:- or any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department to exercise or assign a right to acquire an interest in land through an option to purchase at fair market agricultural value, a right of first refusal or other similar right for land subject to an agricultural preservation restriction as held by the commonwealth on their land may.

SECTION 5E. Said subsection (c) of said section 23 of chapter 20, as so appearing, is hereby further amended by adding the following paragraph:-

The department shall notify the aggrieved landowner in writing by certified mail of the determination not more than 3 business days after a determination made by the department under this subsection to exercise or assign a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. The department’s notice shall include notice of a right to request a hearing at which the aggrieved landowner may, not more than 10 days after receipt of such determination by the department, request a hearing before the committee under chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision that shall be submitted to the committee. The committee shall make the final decision not more than 14 days after holding a hearing or the time period established in the agricultural preservation restriction for transfer of the subject land following the department’s exercise of said right, whichever is earlier.

SECTION 5F. Said section 23 of said chapter 20, as so appearing, is hereby amended by adding the following 2 subsections:-

(d) The department shall waive its rights under this section to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained if a landowner of land subject to an agricultural preservation restriction held by the commonwealth has received a good faith offer, including a certified copy of an executed purchase and sale agreement, for a fixed consideration payable upon delivery of the deed for land subject to an agricultural preservation restriction from a farmer who, at a minimum: (i) has engaged in active commercial agriculture for not less than 2 years prior to the date of the request for a waiver under this section; (ii) demonstrates how the farmer will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to sections 1 and 2 of chapter 61A and preserve the natural agricultural resources for a period of not less than 5 years after the date of sale by submitting a proposed farm business plan to the department; and (iii) has no prior record of a significant violation of the written agreement or terms of any agricultural preservation restriction held by the commonwealth; provided, however, that the department may waive the requirements of clause (iii) if the violation is deemed minor by the department; and provided further, that any person, party or entity who is subject to and aggrieved by a decision of the department not to waive its rights under this section may appeal to the agricultural land preservation committee.

The department, in consultation with the agricultural preservation lands committee and the board of agriculture, shall establish benchmarks and criteria to be used to evaluate and measure a farm business plan submitted by a farmer as part of any waiver request in accordance this section.

(e) Where an agricultural preservation restriction acquired and held by the commonwealth gives the department the authority to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at agricultural value or other similar right, the landowner shall have the right to withdraw the landowner’s notice of intent to sell at any point prior to the department's exercise or assignment of the option to purchase at agricultural value or right of first refusal. A landowner’s decision to withdraw a notice of intent to sell shall not affect a landowner's right or obligation to submit to the department any future offer to purchase said land.

SECTION 5G. Section 24 of said chapter 20, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “2 of whom shall be owners and operators of farms within the commonwealth” and inserting in place thereof the following words:- “3 of whom shall be owners and operators of farms within the commonwealth and 1 of whom shall represent an organization that advocates on behalf of farmers.”; and

by inserting after section 57 the following 2 sections:-

“SECTION 57A. The department of agricultural resources shall commence its review of all existing policies, procedures and regulations required pursuant to subsection (a) of section 23 of chapter 20 of the General Laws not later than January 1, 2020.

SECTION 57B. The department of agricultural resources shall promulgate the regulations required by subsection (a) of section 23 of chapter 20 of the General Laws not later than 1 year after the effective date of this act.”.


Budget Amendment ID: FY2019-S4-51

OTH 51

APR Waiver and Appeals

Mr. Rodrigues, Ms. Gobi, Messrs. Tarr, Ross, Moore, Humason, O'Connor and Montigny moved that the proposed new text be amended by inserting, after section__, the following sections:-

 

SECTION__. Section 1 of chapter 20, as appearing the 2016 Official Edition, is hereby amended by inserting in line 6, after the word “commonwealth”, the following:-

“The board shall be responsible for approving regulations proposed by the commissioner that establish policies relative to the agricultural resources of the commonwealth.”

SECTION __. Subsection (a) of section 23 of chapter 20, as so appearing, is hereby amended by striking the last sentence, and inserting in place thereof the following--

“The commissioner of agricultural resources shall, in consultation with the agricultural lands preservation committee established in section 24 and subject to the approval of the board of agriculture, establish regulations for the management and oversight of the program to assist the commonwealth in the acquisition of agricultural preservation restrictions, which shall include regulations to establish criteria for when the department may exercise a right of first refusal, option to purchase at fair market agricultural value, or other similar right contained in an agricultural preservation restriction as held by the commonwealth. Nothing in this section shall be construed as requiring the department to include any of the rights above when acquiring an agricultural preservation restriction.

As a condition of any agricultural preservation restriction acquired under this section, the landowner of land subject to such restriction held by the commonwealth shall be required to participate in a meeting with the department to discuss and understand the terms and conditions of the agricultural preservation restriction prior to the landowner submitting a requisite notice of intent to sell the land to the department. In the event that the landowner submits said notice to the department, the landowner, together with the proposed purchaser of the subject land, shall participate in a meeting with the department to discuss the requirements or any requests relative to the department’s right to exercise or assign a right to acquire an interest in land through a right of first refusal, option to purchase at fair market agricultural value, or other similar right contained in the agricultural preservation restriction. If the agricultural preservation restriction was acquired in cooperation with a partner agency, the department shall obtain the approval of said partner agency prior to incorporating these conditions into any agricultural preservation restrictions.”

SECTION__. Subsection (c) of said section 23 of said chapter 20, as so appearing, is hereby amended by inserting after in line 49, after the word “subsection (b)”, the following words:-

“, or any landowner aggrieved by a decision of the department to exercise or assign a right to acquire an interest in land through an option to purchase at fair market agricultural value, a right of first refusal, or some other similar right for land subject to an agricultural preservation restriction as held by the commonwealth,”

SECTION__. Said subsection (c) of said section 23 of chapter 20, as so appearing, is hereby amended by inserting at the end thereof the following words:-

“A determination made by the department under this subsection to exercise a right of first refusal, an option to purchase at fair market agricultural value, or other similar right contained in the agricultural preservation restriction shall contain a notice of a right to request a hearing within which the aggrieved landowner may, within 10 days after such determination by the department, request a hearing before the committee under said chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision which shall be submitted to the committee. The committee shall make the final decision within 14 days after holding a hearing or the time period established in the agricultural preservation restriction for transfer of the subject land following the department’s exercise of said right, whichever is earlier.”

SECTION __. Said section 23 of said chapter 20, as so appearing, is hereby amended by inserting after subsection (c) the following subsections:--

(d) The department shall waive its rights under this section to exercise or assign a right to acquire an interest in such land through a right of first refusal, an option to purchase at fair market agricultural value, or other similar right contained in the event a landowner of land subject to an agricultural preservation restriction held by the commonwealth has received a good faith offer, including a certified copy of an executed purchase and sale agreement, for a fixed consideration payable upon delivery of the deed for land subject to an agricultural preservation restriction from a farmer who (i) has engaged in active commercial agriculture for at least 1 year prior to the date of the waiver; (ii) demonstrates through the submittal of a proposed farm plan to the department how they will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to section 1 of chapter 61A and preserve the natural agricultural resources for a period of at least 5 years; and (iii) has no prior record of violating the written agreement or terms of any agricultural preservation restriction held by the commonwealth; provided, the department may waive the requirements of clause (iii) if the violation is deemed minor.

(e) Where an agricultural preservation restriction acquired and held by the commonwealth gives the department the authority to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at agricultural value, or other similar right, the landowner shall have the right to withdraw his or her notice of intent to sell at any point prior to the department's exercise or assignment of the option to purchase at agricultural value or right of first refusal. A landowner's decision to withdraw a notice of intent to sell shall not affect a landowner's right or obligation to submit to the department any future offer to purchase said land.

 

 


Budget Amendment ID: FY2019-S4-53

OTH 53

Terrorism Solicitation Prohibition

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

 

"SECTION_. Chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 14 the following new section: -

SECTION 14 ½

(a) As used in this section, the term “solicits” shall mean to lure, induce, persuade, tempt, incite, coax, invite, counsel, advise, request or command.

The term "critical infrastructure" shall mean critical public or private infrastructure resource systems involved in providing services necessary to ensure or protect the public health, safety and welfare, including, but not limited to, a public water system or a public water source; an emergency, governmental, medical, fire or law enforcement response system; a public utility system; a financial system; an educational system; or a food or clothing distribution system.

(b) Whoever solicits or otherwise entices or communicates or causes to be communicated or published, either directly or indirectly, orally, in writing, by mail, by use of a telephone or telecommunication device including, but not limited to, electronic mail, internet communications, and facsimile communications, through an electronic communication device or by any other means, the commission of a crime that involves acts dangerous to (i) human life; (ii) property; or (iii) critical infrastructure, shall be punished as follows:

For acts dangerous to human life, by imprisonment for not more than 20 years in the state prison or for not more than 2½ half years in a jail or house of correction, or by a fine of not more than $20,000, or by both such fine and imprisonment.

For acts dangerous to property or critical infrastructure, by imprisonment for not more than 10 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment.

If a person is convicted of a crime of solicitation, counsel, advice or enticement for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.

Any person who is found guilty of solicitation, counsel, advice or enticement which results in the loss of human life shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

(c) Notwithstanding any other law, an indictment may be found at any time without limitation for any violation of this section, if the commission of such offense resulted in, or created a foreseeable risk of, death or serious bodily injury to another person; damage to property; or infrastructure.

(d) The court shall, after conviction, conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by an individual, public or private entity and the amount of property damage caused as a result of the defendant's crime. A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

(e) The attorney general of the commonwealth is hereby authorized and directed to undertake a review and examination of any and all sections and provisions of the general laws relative to acts of terrorism and acts construed as terrorism.  Such review and examination shall include but not be limited to: 1) an analysis of the efficacy and suitability of such existing measures to characterize, punish and enable just prosecution of acts of terrorism particularly in light of changes in technology, circumstances, and information obtained by analyzing the methods and strategies employed in terrorist threats and or acts over the past 10 years, 2) an appraisal of the efficacy and suitability of such existing measures, including sanctions and punishments, to deter such acts of terrorism, 3) an identification and cost estimate of any additional resources necessary to protect public safety from terrorist acts or threats thereof, and 4) recommendations, if necessary, for statutory or regulatory changes to address terrorist threats or acts so as to protect public safety.  A report containing the results of said review and examination, together with any legislative and regulatory recommendations, shall be filed with the clerks of the house and senate and the joint committee on public safety and homeland security, not later than June 1, 2019."


Budget Amendment ID: FY2019-S4-54

OTH 54

Prevent Child Video Game Gambling

Messrs. Tarr and Moore moved that the proposed new text be amended in section 2, Section _. Notwithstanding any special or general law to the contrary, it shall be unlawful for any retailer to sell to any person under twenty-one years of age a video game that contains a system of further purchasing that includes:

(1)A randomized reward or rewards; or

(2)A consumable virtual item that can be redeemed to directly or indirectly converted to receive a randomized reward or rewards.

For purposes of this section, a "randomized reward" means a reward in a video game that is based on a variable ratio schedule, wherein a player receives a reward after a random number of actions. "Retailer" means any person who offers video games for sale, including resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet. "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

Section _. Notwithstanding any special or general law to the contrary, video game publishers that distribute video games that contain a system of further purchasing containing a randomized reward or rewards, or a consumable virtual item that can be redeemed and directly or indirectly converted to a randomized reward or rewards, shall prominently disclose and publish to the consumer the probability rates of receiving each type of randomized reward or rewards at the time of purchase and at the time any mechanism to receive a randomized reward or rewards is activated so as to meaningfully inform the consumer's decision prior to the purchase or activation of any mechanism to receive a randomized reward or rewards.

Each video game subject to this section shall bear a prominent, easily legible label on its packaging warning of these systems of further purchasing of randomized rewards. If purchased digitally and downloaded through the Internet or an online application, prominently disclose to the consumer at the time of consumer purchase a visible and easily legible label containing such a warning.

No video game publisher shall at any time modify a game to contain or otherwise permit the inclusion of additional content for which the game was not appropriately labeled at the time of original sale.


Budget Amendment ID: FY2019-S4-54-R1

Redraft OTH 54

Prevent Child Video Game Gambling

Messrs. Tarr, Moore, O'Connor and Fattman moved that the proposed new text be amended in section 2, Section _. Notwithstanding any special or general law to the contrary, it shall be unlawful for any retailer to sell to any person less than eighteen years of age a video game that contains a system of further purchasing that includes:

(1)A randomized reward or rewards; or

(2)A consumable virtual item that can be redeemed to directly or indirectly converted to receive a randomized reward or rewards.

For purposes of this section, a "randomized reward" means a reward in a video game that is based on a variable ratio schedule, wherein a player receives a reward after a random number of actions. "Retailer" means any person who offers video games for sale, including resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet. "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

Section _. Notwithstanding any special or general law to the contrary, video game publishers that distribute video games that contain a system of further purchasing containing a randomized reward or rewards, or a consumable virtual item that can be redeemed and directly or indirectly converted to a randomized reward or rewards, shall prominently disclose and publish to the consumer the probability rates of receiving each type of randomized reward or rewards at the time of purchase and at the time any mechanism to receive a randomized reward or rewards is activated so as to meaningfully inform the consumer's decision prior to the purchase or activation of any mechanism to receive a randomized reward or rewards.

Each video game subject to this section shall bear a prominent, easily legible label on its packaging warning of these systems of further purchasing of randomized rewards. If purchased digitally and downloaded through the Internet or an online application, prominently disclose to the consumer at the time of consumer purchase a visible and easily legible label containing such a warning.

No video game publisher shall at any time modify a game to contain or otherwise permit the inclusion of additional content for which the game was not appropriately labeled at the time of original sale.


Budget Amendment ID: FY2019-S4-55

OTH 55

Ransomware Protections

Messrs. Tarr and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, Notwithstanding any special or general law to the contrary, the secretary of technology services and security shall develop and promulgate new rules requiring all state computer systems and networks, as well as technology infrastructure, to have protections against ransomware.

For the purposes of this section, ransomware is defined as a piece of software or cyber-attack perpetrated as a means of restricting access to computer files and information, until a ransom is paid to release that information.


Budget Amendment ID: FY2019-S4-57

OTH 57

Software Security Updating

Messrs. Tarr and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, Section 1. Notwithstanding any special or general law to the contrary, all electronic information networks, computer systems, and information systems, owned and operated by the Commonwealth, shall be mandated to keep up to date with current security software patches and updates.

Section 2. Notwithstanding any special or general law to the contrary, all electronic information networks, computer systems, and information systems, owned and operated by private corporations, companies, organizations, and entities whose services are purchased, leased, or otherwise utilized by, or for the Commonwealth, shall be mandated to keep up to date with current security software patches and updates.


Budget Amendment ID: FY2019-S4-58

OTH 58

Statewide Election Cybersecurity

Messrs. Tarr and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, Notwithstanding any special or general law to the contrary, the secretary of state, in consultation with the United States election assistance commission, shall develop and promulgate new rules and standards to ensure the cyber-security and general security of elections in the Commonwealth to combat election fraud and other election security threats.

Such rules as promulgated by the secretary shall be in compliance set forth by the United States department of homeland security as to the requirements of election security.


Budget Amendment ID: FY2019-S4-59

OTH 59

Modernizing Campaign Expenditures for Working Parents

Ms. Jehlen, Messrs. Eldridge, Cyr, Moore, DiDomenico and Welch, Ms. L'Italien, Messrs. Lewis and Crighton and Ms. Gobi moved that the proposed new text be amended by inserting the following new section:-

"SECTION XX. Section 6 of chapter 55 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after the word “body”, in line 68 the following:-

or expenses relating to the provision of child care services for a candidate while the candidate is performing work or attending events directly related to the candidate’s campaign."


Budget Amendment ID: FY2019-S4-59-R1

Redraft OTH 59

Modernizing Campaign Expenditures for Working Parents

Ms. Jehlen, Messrs. Eldridge, Cyr, Moore, DiDomenico and Welch, Ms. L'Italien, Messrs. Lewis and Crighton and Ms. Gobi moved that the proposed new text be amended by inserting after section 13 the following section:-

"SECTION 13A. Section 6 of chapter 55 of the General Laws, as so appearing, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-

For the purposes of this section ''personal use'' shall not include expenses relating to the provision of constituent or legislative services, the opening or maintaining of a legislative district office or the provision of child care services for a candidate if such services were incurred only as a direct result of campaign activity and would not exist otherwise, provided that such expenses are not otherwise paid, provided or reimbursed by the commonwealth or any other governmental body.”


Budget Amendment ID: FY2019-S4-59-R2

2nd Redraft OTH 59

Modernizing Campaign Expenditures for Working Parents

Ms. Jehlen, Messrs. Eldridge, Cyr, Moore, DiDomenico and Welch, Ms. L'Italien, Messrs. Lewis and Crighton and Ms. Gobi moved that the proposed new text be amended by inserting the following new section:-

"SECTION ___. Notwithstanding any law or regulation to the contrary, the Office of Campaign and Political Finance is hereby authorized and directed to promulgate, not later than December 31, 2018, rules and regulations relative to the use of campaign funds for the provision of child care services for a candidate directly related to campaign activity."


Budget Amendment ID: FY2019-S4-59-R3

3rd Redraft OTH 59

Modernizing Campaign Expenditures for Working Parents

Ms. Jehlen, Messrs. Eldridge, Cyr, Moore, DiDomenico and Welch, Ms. L'Italien, Messrs. Lewis and Crighton and Ms. Gobi moved that the proposed new text be amended by inserting after section 56 the following section:-

"SECTION 56A. Notwithstanding any general or special law or regulation to the contrary, the office of campaign and political finance shall adopt rules and regulations relative to the use of campaign funds for the provision of child care services for a candidate that are directly related to campaign activity.  The office of campaign and political finance shall adopt said rules and regulations not later than December 31, 2018."


Budget Amendment ID: FY2019-S4-60

OTH 60

Union Loophole

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

“SECTION __.  Section 7A of said chapter 55, as appearing in the 2016 Official Edition, is hereby amended by inserting after subsection (c) the following new subsection:- (d) If not otherwise limited or prohibited from making contributions under this chapter, the aggregate of all contributions by any group, association, labor union or other entity for the benefit of any one candidate and such candidate’s committee shall not exceed $1,000 in a calendar year. If not otherwise limited or prohibited from making contributions under this chapter, the aggregate of all contributions by any group, association, labor union or other entity for the benefit of any other political committee, other than a ballot question committee, shall not exceed $1,000 in a calendar year.”


Budget Amendment ID: FY2019-S4-61

OTH 61

Direct Sale of Alcohol

Mr. Tran, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 3, SECTION XXXX. Section 19 of chapter 138 of the General Laws as appearing in the 2016 Official Edition,  is hereby amended by inserting at the end thereof, the following subsection:-

 

(c) A manufacturer may sell alcoholic beverages in kegs, casks, barrels, cans or bottles for consumption off a manufacturer’s premises; provided, however, that such a licensee may sell alcoholic beverages produced by the manufacturer for off-premises consumption.


Budget Amendment ID: FY2019-S4-62

OTH 62

Operation of Searchable Website

Messrs. Tarr and Fattman moved that the proposed new text be amended [Amendment Text]

by inserting after section ___ the following section: -

“SECTION ___. section 14C of chapter 7 is hereby amended by striking out the subsection (d) and inserting in place thereof the following:- “(d) The searchable website shall include and retain information for each fiscal year for not less than 10 fiscal years; provided further, an agency shall not be considered in compliance with this section if the data required for the searchable website is not provided to the secretary. The secretary shall note agency noncompliance on the searchable website.”

and further moves by inserting the following text at the end of section 14C of chapter 7:- “(i) the secretary shall annually create a plan to maximize agency compliance.”


Budget Amendment ID: FY2019-S4-62-R1

Redraft OTH 62

Operation of Searchable Website

Messrs. Tarr, Fattman and Montigny moved that the proposed new text be amended by striking out section 4 and inserting in place thereof the following 3 sections:-

“SECTION 4. Subsection (d) of section 14C of chapter 7 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following 2 sentences:- An agency shall not be in compliance with this section if the data required for the searchable website is not provided to the secretary. If an agency is not in compliance with this section, the secretary shall note agency’s noncompliance on the searchable website.

SECTION 4A. Said section 14C of said chapter 7, as so appearing, is hereby further amended by adding the following subsection:-

(i) Notwithstanding any other provision of this section or any general or special law to the contrary, the comptroller may develop and operate the searchable website required under this section.

SECTION 4B. Section 35UU of chapter 10 of the General Laws is hereby repealed.”.

 


Budget Amendment ID: FY2019-S4-63-R1

Redraft OTH 63

Identification retention

Messrs. Tarr, Moore and Fattman moved that the proposed new text be amended "Section __. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after clause (c) of Section 2, of chapter 93H, the following new clause:- (d) No private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts shall have the authority to retain the original or copy, or scan or any form of identification that is issued by the commonwealth of Massachusetts, the United States of America, or any other governmental entity, unless explicit written or verbal consent is given by the individual or legal representative of the individual furnishing said identification unless said private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts is subject to applicable federal law, rule, regulation, guidance or guidelines regarding the protection and privacy of personal information; provided further that if said person or agency does not comply with applicable federal laws, rules, regulations, guidance or guidelines, then it shall be subject to the provisions of this chapter.


Budget Amendment ID: FY2019-S4-63

OTH 63

Identification retention

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

"Section __. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after clause (c) of Section 2, of chapter 93H, the following new clause:-

(d) No private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts shall have the authority to retain the original or copy, or scan or any form of identification that is issued by the commonwealth of Massachusetts, the United States of America, or any other governmental entity, unless explicit written or verbal consent is given by the individual or legal representative of the individual furnishing said identification."


Budget Amendment ID: FY2019-S4-64

OTH 64

Victims of Human Trafficking Trust Fund

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

“SECTION ___.  Notwithstanding any general or special law to the contrary, the comptroller shall transfer $200,000 from the General Fund to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10 of the General Laws not later than September 1, 2018.

The office of the state auditor shall audit activities and functions related to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10 of the General Laws for the period of July 1, 2014 to July 1, 2018, inclusive.  The audit shall include, but not be limited to, whether fines and fees collected pursuant to sections 50, 51, and 54 of chapter 265 of the General Laws and money or property forfeited pursuant to sections 55 and 56 of said chapter 265 have been properly transmitted to the fund.  Not later than March 1, 2019, the results of the audit shall be reported to the clerks of the senate and house of representatives, the chairs of the joint committee on the judiciary, the chairs of the joint committee on rules, and the chairs of the joint committee on post audit and oversight.”


Budget Amendment ID: FY2019-S4-65

OTH 65

Family Caregiver tax credit

Messrs. Tarr, Eldridge, Moore and Ross, Ms. Gobi, Messrs. Montigny and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, "SECTION X.

There shall be established a "Family Caregiver” tax credit for an individual who is a resident taxpayer for the taxable year, as defined in M.G.L. Ch. 62 §1.

 

SECTION 1. Section 6 of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after subsection (t) the following new subsection:

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

"Activities of daily living", everyday functions and activities, which individuals usually do without help, including, but not limited to, bathing, continence, dressing, eating, toileting and  transferring.

"Eligible family member", an individual who is at least 18 years of age during a taxable year, requires assistance with at least one activity of daily living and qualifies as a dependent, spouse, parent or other relation by blood or marriage, including an in-law, grandparent, grandchild, step-parent, aunt, uncle, niece or nephew of the family caregiver.

“Evaluation year”, the year in which an evaluation of the tax credit is to be complete. The evaluation year shall be every 5 years after the effective date of this subsection.

"Family caregiver", an individual who is a resident taxpayer for the taxable year and had eligible expenditures, as described in paragraph (3) of this subsection, with respect to 1 or more eligible family members during the taxable year.  In the case of a joint return, the term includes the individual and the individual's spouse. The family caregiver claiming the credit must have a Massachusetts adjusted gross income of less than $75,000 for an individual and $150,000 for a couple and incur uncompensated expenses directly related to the care of an eligible family  member.

(2) A taxpayer who is a family caregiver is eligible to receive a credit for a taxable year that is equal to a refundable credit against the taxes imposed by this chapter. The credit shall be equal to 100 percent of the eligible expenditures incurred by the taxpayer during the taxable year, with a maximum allowable credit of $1,500.

(3) Expenditures eligible to be claimed for the tax credit include the costs associated with:

(i) the improvement or alteration to the family caregiver's primary residence to permit the eligible family member to remain mobile, safe, and independent;

(ii) the purchase or lease of equipment that is necessary to assist an eligible family member in carrying out one or more activities of daily living; and

(iii) other goods, services or supports that assist the family caregiver in providing care to an eligible family member, such as expenditures related to hiring a home care aide or personal  care attendant, respite care, adult day health, transportation, legal and financial services and  assistive technology.

(4) No taxpayer shall be entitled to claim a tax credit under this subsection for the same eligible expenditures claimed by another taxpayer. The total amount of tax credits claimed by family caregivers shall not exceed $1,500 for the same eligible family member. If two or more family caregivers claim tax credits for the same eligible family member, the total of which exceeds $1,500, the total amount of the credit allowed shall be allocated in amounts proportionate to each eligible taxpayer’s share of the total amount of the eligible expenditures for the eligible family member.

(5) A taxpayer may not claim a tax credit under this section for expenses incurred in carrying out general household maintenance activities, including painting, plumbing, electrical repairs or exterior maintenance, and such expenses must be directly related to assisting the family caregiver in providing care to an eligible family member.

(6) The commissioner of the department of revenue shall promulgate rules and regulations relative to the administration and enforcement of this subsection.

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

(8) On or before May 31 of the year before the evaluation year, there shall be established a committee entitled the Caregiver Tax Credit Evaluation Committee to conduct a review of the tax credit.

The committee shall be comprised of 7 members: 2 of whom shall be appointed by the secretary of the executive office of health and human services; 2 of whom shall be appointed by the secretary of the executive office of elder affairs; 1 of whom shall be appointed by the secretary of the executive office for administration and finance; 1 of whom shall be appointed by the president of the senate; and 1 of whom shall be appointed by the speaker of the house of representatives.

The committee shall: (1) examine the purpose for which the tax credit was established; (2) determine whether the original intent of the tax credit is still appropriate; (3) examine whether the tax credit is meeting its objectives; (4) examine whether the purposes of the tax credit could be more efficiently and effectively carried out through alternative methods; and (5) calculate the costs of providing the tax credit, including the administrative cost and lost revenues to the commonwealth.

The committee shall file a report of its findings with the senate and house clerks and with the governor, which shall include a recommendation as to whether the tax credit should be continued, with or without changes, or be terminated. The report shall be accompanied by any legislation that is needed to accomplish the recommendations of the report. The report shall be filed no later than December 31 of the evaluation year.

SECTION 2. This act shall apply to taxable years beginning on or after January 1, 2019."


Budget Amendment ID: FY2019-S4-66

OTH 66

Extending the Wellness Program Tax Credit

Messrs. Tarr, O'Connor, Fattman and Ross moved that the proposed new text be amended in section 2, The Massachusetts wellness program tax credit, as established by Chapter 224 of the Acts of 2012, is hereby extended by repealing Section 41A, 56A and 298 of Chapter 224 of the Acts of 2012."


Budget Amendment ID: FY2019-S4-67

OTH 67

Increase in the Gold Star Annuity

Messrs. Tarr, Keenan, Ross and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, Section 6B of chapter 115 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in lines 19, 28 and 35 by striking out the figures “$2,000” and inserting in place thereof the following figures “$2,500”."


Budget Amendment ID: FY2019-S4-67-R1

Redraft OTH 67

Increase in the Gold Star Annuity

Messrs. Tarr, Rush, Keenan, Ross and O'Connor, Ms. L'Italien and Mr. Fattman moved that the proposed new text be amended in section 2, by inserting after section 56 the following section:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the department of veterans’ services, in consultation with the executive office for administration of finance, shall conduct a feasibility study on increasing the gold star annuity established in section 6B of chapter 115 of the General Laws. The study along, with any recommendations, shall be filed with the clerks of the house and senate, the joint committee veterans and federal affairs and the house and senate committee on ways and means not later than December 31, 2018.”.


Budget Amendment ID: FY2019-S4-68

OTH 68

Treble Damages

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

“SECTION XX.  Section 27 of chapter 149 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION 3.  Section 27F of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX.  Section 27G of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX.  Section 27H of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION  _. Section 150 of said chapter 149, as so appearing, is heareby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -

‘Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’”


Budget Amendment ID: FY2019-S4-70

OTH 70

Sex Offender Registry In Person Registration

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

"SECTION 1.  Section 178F of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 2, the figure “2” and inserting in place thereof the following words:- 1, a level 2.

SECTION 2.  Section 178F1/2 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 2, 16 and 60, the figure “2” and inserting in place thereof, in each instance, the following words:- 1, a level 2.

SECTION 3. Section 178I of said chapter 6, as so appearing, is hereby amended by striking out, in line 16, the figure “2” and inserting in place thereof the following words:- 1, a level 2."


Budget Amendment ID: FY2019-S4-70-R1

Redraft OTH 70

Sex Offender Registry In Person Registration

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

"SECTION 1.  Section 178F of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 2, the figure “2” and inserting in place thereof the following words:- 1, a level 2.

SECTION 2.  Section 178F1/2 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 2, 16 and 60, the figure “2” and inserting in place thereof, in each instance, the following words:- 1, a level 2."