Amendment #13 to H.3819

HOUSE . . . . . . . . . . . . . . . No. 3958

Text of a further amendment (offered by Mr. Michlewitz of Boston) to the Senate amendment of the House Bill making appropriations for the fiscal year 2019 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 3819, amended). July 3, 2019.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

By striking out all after the enacting clause and inserting in place thereof the following:–

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2019, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2019. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2020.

SECTION 2.

JUDICIARY

Committee for Public Counsel Services

0321-1510........................................................................$5,000,000

DISTRICT ATTORNEYS

Plymouth District Attorney

0340-0800.......................................................................................................$207,201

Bristol District Attorney

0340-0998…………………………………………...............................................$125,208

Berkshire District Attorney

0340-1100……………………………................................................................$321,196

OFFICE OF THE STATE COMPTROLLER

1599-3384………………………………………....................................$14,200,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

1599-4448........................................................................………$9,300,000

Human Resources Division

1750-0300..................................................................................................$1,742,434

Department of Revenue

1201-0160...............................................................................................$2,000,000

EXECUTIVE OFFICE OF EDUCATION

Department of Early Education and Care

3000-1020 ........................................................................……….. $3,658,990

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001...........................................................................................$140,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2019, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sum set forth in this section is hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2019. This sum shall be in addition to any amounts previously authorized and made available for the purposes of this item. This sum shall be made available until June 30, 2020.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Human Resources Division

1750-0105..........................................................................................................$2,100,000

SECTION 3. Section 216 of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words “up to 4”.

SECTION 4. Said section 216 of said chapter 6, as so appearing, is hereby further amended by inserting after the word “designee”, in line 22, the following words:- ; the secretary of technology services and security or a designee; the executive director of the Massachusetts Technology Park Corporation or a designee.

SECTION 5. Section 28 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) During the pendency of an action brought pursuant to section 24, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. Any order of support entered under this section shall conform to and be enforced under section 12 of chapter 119A.

SECTION 6. Subsection (a) of section 12 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “, section 40 of chapter 201”.

SECTION 7. Said subsection (a) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 11 to 13, inclusive, the words “, unless the obligor and obligee agree in writing that the obligee shall obtain health care coverage for his child or children or that such coverage will be provided by other means”.

SECTION 8. Subsection (b) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-

(5) (A) A judgment or order shall include: (i) the name and address of the obligor; (ii) the name, address and federal employer identification number of the obligor's employer; and (iii) such other information as the IV-D agency requires to assist it in collecting support payments. With respect to an order for income withholding made payable to the IV-D agency, the issuing court shall provide to the IV-D agency: (i) a copy of the judgment or order for support and the order for income withholding; (ii) the address of the obligee; (iii) the date of birth of the child; and (iv) such other information as the IV-D agency requires to assist it in collecting support payments; provided, however, that such information need not be included in the order for income withholding.

(B) Each such judgment or order shall also include a provision for health care coverage for the child in accordance with this section and may require the obligor to pay an amount toward the obligee’s cost of health care coverage or toward uninsured medical expenses on behalf of the child. The court shall enter an order that requires the obligor or the obligee to provide health care coverage if such coverage is available at reasonable cost and accessible to the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for the obligor or the obligee, then the court shall enter written findings.

(C) If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain such coverage as long as the child remains eligible; provided, however, that the court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee.

(D) If health care coverage pursuant to this section is not available to the obligor or the obligee at the time the order is entered, the court shall order the parties to notify the IV-D agency if such coverage becomes available. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 5 per cent of the gross income of the party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the child’s primary residence; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to an obligor or obligee whose gross income does not exceed 150 per cent of the federal poverty guidelines for the family size or who receives MassHealth on behalf of the obligor, the obligee or the child.

(E) If the IV-D agency is responsible for enforcing the order, the court shall order the obligor and the obligee to notify the IV-D agency of any changes in the availability and terms of health care coverage. If the obligor is required to provide health care coverage for a child of the obligor’s through an employment-related health plan and if the IV-D agency has the name and address of the employer, the IV-D agency shall transfer the national medical support notice, as required by Title IV, Part D of the federal Social Security Act, to the employer notifying the employer to enroll the child in a health care plan provided by the employer for which the obligor is eligible. If the obligee is required to provide health care coverage, the IV-D agency may transmit such national medical support notice to the employer of the obligee and the provisions of this section with respect to the notice shall apply to such obligee and such employer. The notice may be transmitted to the employer by any method, including paper, facsimile, magnetic tape or other electronic means.

SECTION 9. The third paragraph of subsection (c) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the last 3 sentences.

SECTION 10. Subsection (d) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- When the agency ascertains that an obligor has failed to comply with a judgment or order for health care coverage and health care coverage is available to the obligor at reasonable cost and accessible to the child, the IV-D agency shall send notice of the judgment or national medical support notice to the employer or to a provider of health care coverage together with notice of the provisions of subsection (f).

SECTION 11. Said subsection (d) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The obligor or obligee may contest or seek a modification of an order for health care coverage on the grounds that the coverage: (i) is no longer available to the obligor at reasonable cost; (ii) is no longer accessible to the child; (iii) is no longer in the best interest of the child; or (iv) creates an undue hardship for the moving party; provided, however, that the moving party shall bear the burden of proving that the coverage: (i) is no longer available to the moving party at reasonable cost; (ii) is no longer accessible to the child; (iii) is no longer in the best interest of the child; or (iv) creates an undue hardship for the moving party; and provided further, that the provider of health care coverage shall maintain coverage for the child under the order pending a modification of the order.

SECTION 12. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out subsection (k) and inserting in place thereof the following subsection:-

(k) Upon receipt of the national medical support notice or upon application of the employee pursuant to the order for health care coverage, the employer shall enroll the child in the health care plan. The national medical support notice shall have the same effect as an enrollment application signed by the employee and shall operate to enroll the child in the health care plan. The employer shall comply with the requirements of the national medical support notice as set forth in the instructions incorporated into the notice. If health care coverage is provided by the obligor, the employer or the provider of health care coverage shall furnish the obligee with such information as may be necessary for the child to obtain benefits through the plan and shall permit the obligee or, with the approval of the obligee, the provider of medical services to submit claims for covered services without the approval of the obligor. A claim submitted in accordance with this subsection shall be payable, as appropriate, directly to the obligee, to the provider of medical services or, if the individual has assigned the individual’s rights to medical support pursuant to Title XIX of the federal Social Security Act, to the division of medical assistance. If the division of medical assistance has been assigned the rights of an individual covered for health benefits from the provider of health care coverage and eligible for medical assistance under said Title XIX, the provider of health care coverage shall apply to the division the same requirements applicable to an agent or assignee of any other individual so covered.

SECTION 13. Subsection (m) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the last sentence.

SECTION 14. The first paragraph of section 28 of chapter 208 of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences.

SECTION 15. Said section 28 of said chapter 208, as so appearing, is hereby further amended by inserting after the first paragraph the following 3 paragraphs:-

If the court makes an order for maintenance or support of a child, the court shall require either parent to provide health care coverage for the child if such coverage is available at reasonable cost and accessible to the child. The court may require the obligor to pay an amount toward the obligee’s cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, the court shall enter written findings.

If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain coverage as long as the child remains eligible; provided, however, that court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee.

If the IV-D agency under chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 5 per cent of the gross income of the party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the child’s primary residence; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to an obligor or obligee whose gross income does not exceed 150 per cent of the federal poverty guidelines for the family size or who receives MassHealth on behalf of the obligor, the obligee or the child.

SECTION 16. The fifth paragraph of section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences.

SECTION 17. Said section 32 of said chapter 209, as so appearing, is hereby further amended by inserting after the fifth paragraph the following 3 paragraphs:-

If the court makes an order for maintenance or support on behalf of a spouse or child, the court shall require either parent to provide health care coverage for the child if such coverage is available at reasonable cost and accessible to the child. The court may require the obligor to pay an amount toward the obligee’s cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, the court shall enter written findings.

If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain such coverage as long as the child remains eligible; provided, however, that court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee.

If the IV-D agency under chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 5 per cent of the gross income of the party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to an obligor or obligee whose gross income does not exceed 150 per cent of the federal poverty guidelines for the family size or who receives MassHealth on behalf of the obligor, the obligee or the child.

SECTION 18. The first paragraph of section 37 of said chapter 209, as so appearing, is hereby amended by striking out the last 2 sentences.

SECTION 19. Said section 37 of said chapter 209, as so appearing, is hereby further amended by inserting after the first paragraph the following 3 paragraphs:-

If the court makes an order for support or maintenance on behalf of a child, the court shall require either parent to provide health care coverage for the child if such coverage is available at reasonable cost and accessible to the child. The court may require the obligor to pay an amount toward the obligee’s cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, the court shall enter written findings.

If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain coverage as long as the child remains eligible; provided, however, that the court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee.

SECTION 20. The first paragraph of section 9 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out the seventh and eighth sentences.

SECTION 21. Said section 9 of said chapter 209C, as so appearing, is hereby further amended by inserting after the first paragraph the following 3 paragraphs:-

If the court makes an order or judgment for maintenance or support of a child, the court shall require either parent to provide health care coverage for the child if such coverage is available at reasonable cost and accessible to the child. The court may require the obligor to pay an amount toward the obligee’s cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, the court shall enter written findings.

If the child is enrolled in MassHealth, an equivalent program in another state pursuant to 42 U.S.C. 1397aa et seq. or 42 U.S.C. 1396a et seq. or an equivalent program in another state that is substantially similar to the program established in chapter 118E, the court shall order the obligee to maintain coverage as long as the child remains eligible; provided, however, that the court may also order the obligor to enroll the child in private health insurance if: (i) private health insurance is available to the obligor at reasonable cost and accessible to the child; (ii) enrollment in the insurance is in the best interest of the child; and (iii) enrollment in the insurance will not create an undue hardship for the obligor or the obligee.

SECTION 22. Section 49 of chapter 9 of the acts of 2011, as most recently amended by section 25 of chapter 5 of the acts of 2019, is hereby further amended by inserting after subsection (d), the following subsection:-

(d1/2) (1) The commissioner may procure job order contracts for use by state agencies consisting of the division of capital asset management and maintenance, the department of correction and any higher education facilities subject to the department of higher education for facilities that are owned or operated by said state agencies for projects that: (i) improve access to places of public accommodation listed in section 92A of chapter 272 of the General Laws; or (ii) remove barriers and create or improve accessible features for both physical and programmatic access necessary for compliance with the law, including for compliance with title II of the Americans with Disabilities Act of 1990 and the laws of the commonwealth.

(2) These contracts shall be limited to job orders estimated to cost not more than $1,000,000 each and shall be procured through the procedures specified in section 39M of chapter 30 of the General Laws except that: (i) the amount of the bid deposit shall be $5,000; (ii) contractors who are awarded job orders under any job order contract shall be certified by the division for the category of work specified in the contract; and (iii) the amounts of surety bonds required by the contract may be satisfied with respect to each particular job order before the commencement of any work under that job order. The commissioner shall award a job order contract to the eligible and responsible bidder who offers the lowest mark-up over the base unit prices specified in the contract specifications.

SECTION 23. Subsection (c) of section 220 of chapter 69 of the acts of 2018 is hereby amended by striking out the words “June 30, 2019” and inserting in place thereof the following words:- December 31, 2019.

SECTION 24. Subsection (e) of section 221 of said chapter 69 is hereby amended by striking out the words “July 1, 2019” and inserting in place thereof the following words:- December 31, 2019.

SECTION 25. Item 7004-0202 of section 2 of chapter 154 of the acts of 2018 is hereby amended by inserting after the word “housing”, the second time it appears, the following words:- ; provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.

SECTION 26. Item 7061-9814 of said section 2 of said chapter 154 is hereby amended by adding the following words:- ; and provided further, that appropriated funds may be expended for programs or activities during the summer months.

SECTION 27. Section 56 of chapter 228 of the acts of 2018 is hereby amended by inserting after the first sentence the following sentence:- A city or town that enters into such an agreement with an adjacent city or town to expend its grant proceeds in a manner that provides broadband service to areas within the adjacent city or town shall, upon receipt of reimbursement from the adjacent city or town, credit the funds paid in reimbursement to the grant from which the expenses were originally paid and such funds shall become part of the grant to be expended according to the provisions of the grant agreement.

SECTION 28. Item 4590-1504 of section 2A of chapter 273 of the acts of 2018 is hereby amended by inserting after the figure “7061-9612”, the first time it appears, the following words:- ; provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.

SECTION 29. Item 7009-6800 of said section 2A of said chapter 273 is hereby amended by inserting after the word “improvements”, the second time it appears, the following words:- ; provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.

SECTION 30. Item 7061-0010 of said section 2A of said chapter 273 is hereby amended by inserting after the word “support”, the second time it appears, the following words:- ; provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.

SECTION 31. The child support enforcement division of the department of revenue, in consultation with the chief justice of the trial court of the commonwealth, shall report on the implementation and effect of sections 5 to 21, inclusive. The report shall include, but not be limited to: (i) information on the implementation process; and (ii) an analysis of the effect of said sections 5 to 21, inclusive, on health care coverage for children. The child support enforcement division shall file its report, together with any recommendations, with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than July 1, 2020.

SECTION 32. Notwithstanding any general or special law to the contrary, there shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission known as the Task Force on the Preservation and Storage of Evidence. The task force shall be comprised of the following 17 members: 5 members appointed by the governor, 1 of whom shall be an elected clerk of the superior court; 1 of whom shall be a clerk-magistrate of the district court; 1 of whom shall be a police officer with experience in evidence collection and preservation; 1 of whom shall be a criminal defense attorney and 1 of whom shall be professor of evidence at a law school accredited by the American Bar Association; 3 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house, 1 of whom shall be the house chair of the joint committee on the judiciary and 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the senate president, 1 of whom shall be the senate chair of the joint committee on the judiciary and 1 of whom shall be appointed by the minority leader; the attorney general or a designee; 2 elected district attorneys appointed by the president of the Massachusetts District Attorneys Association; the chief justice of the supreme judicial court or a designee; the chief justice of the superior court or a designee; and the chief justice of district court or a designee. The house and senate chairs of the joint committee on the judiciary shall serve as co-chairs of the task force. Counsel to the house of representatives and counsel to the senate appointed pursuant to section 51 of chapter 3 of the General Laws shall be counsel to the task force and shall, at the request of the respective chair, assist the chair in the discharge of their duties.

The task force shall conduct an investigation and study of the existing legal and regulatory framework governing the preservation and storage of evidence and exhibits collected during the investigation of any crime and the preservation and storage of evidence and exhibits admitted or otherwise used as part of a criminal proceeding before a court of the commonwealth. The investigation and study shall include an examination of the preservation and storage of evidence and exhibits both pre-trial and post-trial.

The task force shall conduct an investigation and study on the feasibility and anticipated cost of constructing and maintaining a statewide evidence storage facility for the preservation and storage of evidence and exhibits both pre-trial and post-trial.

The task force shall confer with representatives of the various state offices responsible for overseeing evidence collection and storage, as well as with academics, practitioners and others with expertise in these areas.

The task force shall file a report with the governor, the president of the senate and the speaker of the house of representatives and the clerks of the house of representatives and senate regarding the results of its investigation and study on or before March 31, 2020. The report shall include: (i) an assessment of the current legal and regulatory structures related to the collection and preservation of evidence; (ii) recommendations for amendments to any current law, rule, regulation or court rule; (iii) recommendations on the feasibility and anticipated cost of constructing and maintaining a statewide evidence storage facility; and (iv) recommendations for legislation, if any.

SECTION 33. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(1)between the commonwealth and the Massachusetts Correction Officers Federated Union, Unit 4;

(2)between the commonwealth and the Coalition of Public Safety, Unit 5;

(3)between the sheriff of Bristol county and the National Correctional Employees Union Administrative and Technical Staff Unit, Unit SA1;

(4)between the sheriff of Essex county and the National Correctional Employees Union, Local 123, Unit SE1;

(5)between the sheriff of Essex county and the Essex County Correctional Officers Association, Unit SE2;

(6)between the sheriff of Essex county and the Essex County Regional Emergency Communication Dispatchers, Unit SE5;

(7)between the sheriff of Middlesex county and the National Correctional Employees Union, Local 116, Civil Process Unit, Unit SM6;

(8)between the Worcester South registry of deeds and OPEIU, Local 6;

(9)between the University of Massachusetts and AFT Massachusetts Maintainers AFL-CIO, Local 6350, Unit D83;

(10)between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, Unit B33;

(11)between the Board of Higher Education and the Massachusetts State College Association/MTA/NEA; and

(12)between the Massachusetts Department of Transportation and DOT Unit E, including the Massachusetts Organization of State Engineers and Scientists and United Steelworkers Local 5696.