Other Amendments

Budget Amendment ID: FY2020-S3-1

OTH 1

Conservation Land Tax Credit

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

SECTION XX. 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 XX. 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 XX. 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 XX. 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 XX. 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 XX. 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 XX. 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 XX. 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 XX. Sections 2 and 6 shall take effect on January 1, 2020.

SECTION XX. Sections 3 and 7 shall take effect on January 1, 2021.

SECTION XX. Sections 4 and 8 shall take effect on January 1, 2022.

SECTION XX. Sections 2 to 4 and 6 to 8 are hereby repealed.

SECTION XX. Section 12 shall take effect on December 31, 2029.

Budget Amendment ID: FY2020-S3-1-R1

Redraft OTH 1

Conservation Land Tax Credit

Messrs. Tarr and Humason, Ms. Gobi, Mr. Tran, Ms. Comerford, Mr. deMacedo, Ms. DiZoglio, Messrs. Moore, Eldridge, O'Connor, Timilty, Welch and Feeney moved that the proposed new text be amended by inserting after section _ the following sections:-

SECTION XX. Sections 2 and 6 shall take effect on January 1, 2020.

SECTION XX. Sections 3 and 7 shall take effect on January 1, 2021.

SECTION XX. Sections 4 and 8 shall take effect on January 1, 2022.

SECTION XX. Sections 1 to 8, inclusive, is hereby repealed.

SECTION XX. Section 12 shall take effect on December 31, 2029.

Budget Amendment ID: FY2020-S3-2

OTH 2

CPA Consolidated Net Surplus

Mr. Tarr, Ms. Jehlen, Messrs. Moore, deMacedo, Kennedy and Feeney, Ms. Gobi, Messrs. Humason, Collins, Welch and O'Connor 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) $20,000,000 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: FY2020-S3-2-R1

Redraft OTH 2

CPA Consolidated Net Surplus

“SECTION 75A. Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall transfer 50 per cent of the consolidated net surplus in the budgetary funds for fiscal year 2019 or $20,000,000 of such surplus, whichever is less, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.”.

Budget Amendment ID: FY2020-S3-3

OTH 3

Community Preservation Trust Fund fees

Ms. Creem, Messrs. Tarr and Eldridge moved that the proposed new text be amended by inserting after section __the following sections: -

SECTION___. Section 8 of chapter 44B of the General Laws, as so appearing, 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 ___. 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 ___. Sections 12 and 13 shall take effect on December 31, 2019. The commissioner of revenue shall notify the registers of deeds, the assistant recorders and the joint committee on revenue of the new surcharge amounts established under sections 12 and 13. All documents or instruments received by the registers of deeds and assistant recorders that are postmarked prior to the effective date of said sections 12 and 13 shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws that was in effect prior to that date.

Budget Amendment ID: FY2020-S3-3-R1

Redraft OTH 3

Community Preservation Trust Fund fees

Ms. Creem, Messrs. Tarr and Eldridge, Ms. Gobi, Ms. Jehlen, Messrs. Barrett, Crighton and Moore, Ms. Comerford, Messrs. Kennedy, Keenan, Feeney and Lesser, Ms. DiZoglio, Ms. Rausch, Mr. deMacedo, Ms. Chang-Diaz, Messrs. Collins, Timilty, Cyr, Welch, Finegold and O'Connor and Ms. Lovely moved that the proposed new text be amended by inserting after section __ the following sections:-

SECTION ___. Section 8 of chapter 44B of the General Laws, as so appearing, 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 ___. These two sections shall take effect on December 31, 2019. The commissioner of revenue shall notify the registers of deeds, the assistant recorders and the joint committee on revenue of the new surcharge amounts established under these sections. All documents or instruments received by the registers of deeds and assistant recorders that are postmarked prior to the effective date of these sections shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws that was in effect prior to that date.

Budget Amendment ID: FY2020-S3-4

OTH 4

Promoting transparency and preventing price gouging of pharmaceutical drug prices

Messrs. Montigny, Timilty, O'Connor, Eldridge and Moore moved that the proposed new text be amended by inserting after section __ the following 3 sections:-

SECTION __. Section 1 of chapter 6D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Performance penalty” the following 2 definitions:-

“Pharmaceutical manufacturing company”, an entity engaged in the production, preparation, propagation, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis or an entity engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that ''Pharmaceutical manufacturing company'' shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.

“Pharmacy benefit manager”, a person or entity that administers: (i) a prescription drug, prescription device or pharmacist services; or (ii) a prescription drug and device and pharmacist services portion of a health benefit plan on behalf of a plan sponsor including, but not limited to, self-insured employers, insurance companies and labor unions; provided, however, that “Pharmacy benefit manager” shall include a health benefit plan that does not contract with a pharmacy benefit manager and administers its own: (a) prescription drug, prescription device or pharmacist services; or (b) prescription drug and device and pharmacist services portion, unless specifically exempted by the center.

SECTION __. Section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 32, the words “ and (xi) ” and inserting in place thereof the following words:- “(xi) not less than 3 representatives of pharmaceutical manufacturing companies; (xii) at least 1 pharmacy benefit manager; and (xiii)”.

SECTION __. Said section 8 of said chapter 6D of the General Laws, as so appearing, is hereby amended by inserting after the word “commission”, in line 59, the first time it appears, the following words:- “; and (iii) in the case of pharmacy benefit managers and pharmaceutical manufacturing companies, testimony concerning factors underlying prescription drug costs and price increases, the impact of manufacturer rebates, discounts and other price concessions on net pricing, the availability of alternative drugs or treatments and any other matters as determined by the commission”.

; and, in section 4, by inserting after the word “drug”, in line 8, the following:-

“, which at a minimum shall include but not be limited to the following: (i) year-over-year wholesale acquisition cost changes over the previous five year period; (ii) aggregate, company-level and product-specific research and development costs, identifying costs paid by the manufacturer and costs paid with public or third party funds; (iii) the price paid by the manufacturer to acquire the prescription drug product if not developed by the manufacturer; (iv) annual marketing and advertising costs for the prescribed drug, apportioned by costs for direct-to-consumer advertising and costs directed toward prescribers; (v) average annual rebates or price concessions offered by the manufacturer for the prescribed drug; (vi) average prices charged for the drug to purchasers in the commonwealth; (vii) average prices charged for the drug to purchasers outside the United States, by country; and (viii) average prices charged for the drug to the United States Department of Veterans Affairs, if such drug is purchased by said agency".

; and, in said section 4, by inserting after the word “resort”, in line 52, the following:-

“. Any drug manufacturer that fails to comply with this section following the imposition of a civil monetary penalty shall not be eligible for grants, subsidies or tax credits, breaks or exemptions pursuant to chapters 23I, 62, 63, 64H, and 64I of the General Laws”.

Budget Amendment ID: FY2020-S3-5

OTH 5

Rolling Stock

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

SECTION XX. Section 1 of Chapter 64H of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after the definition of “Retail establishment”, the following new definition:-

“Rolling stock”, trucks, tractors, and trailers, used by common carriers to transport goods in interstate commerce.

SECTION XX. Section 6 of Chapter 64H of the General Laws, as so appearing, is hereby amended by inserting, after subsection (xx), the following new subsection:

“(yy) sales of rolling stock”

SECTION XX. Section 1 of Chapter 64I of the General Laws, as so appearing, is hereby amended by inserting in line 6, after the words “ retail sale”, the following new words:- “rolling stock”, .

SECTION XX. Section 7 of chapter 64I of the General Laws, as so appearing, is hereby amended by inserting, after subsection (e), the following new subsection:-

“(f) storage, use or other consumption of rolling stock”.”

SECTION XX. These sections shall take effect on January 1, 2019.

Budget Amendment ID: FY2020-S3-7

OTH 7

Underground Storage Tanks

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

Section X. Item 1232-0100 in section 2 of chapter 154 of the acts of 2018 is hereby amended by inserting after the words “more than 4 dispensing facilities” the following: “; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2020”.

Budget Amendment ID: FY2020-S3-8

OTH 8

401(k) CORE program

Mr. Collins, Ms. DiZoglio, Messrs. Timilty and O'Connor and Ms. Jehlen moved that the proposed new text be amended by adding the following new sections:

"SECTION XX. Section 64 of Chapter 29 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

“The state treasurer, on behalf of the deferred compensation program, may adopt annual budgets and supplemental budgets as necessary. Said budgets may include salaries for treasury employees tasked with working on and/or administering the deferred compensation program, and said budgets may be funded from the administrative expense account of the deferred compensation program. Any such treasury employee whose compensation is sourced from the deferred compensation program shall be an “employee” as that term is defined in section 1 of chapter 32 and shall be a member of the Massachusetts state employees’ retirement system.”

SECTION XX. Section 64E of Chapter 29 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking, in lines 5 and 6, the following:- “and employing not more than 20 persons,”

SECTION XX. Said Section 64E of said Chapter 29 of the General Laws, as so appearing, is hereby further amended by inserting at the end thereof the following subsection:-

“(g) Notwithstanding any general or special law to the contrary, the state treasurer, or designee, may seek to reduce operating expenses for the plan through private donations or grants, which may include direct and indirect fundraising.”

Budget Amendment ID: FY2020-S3-9

OTH 9

Relating to Comprehensive Cancer Center Care

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

"Section XX. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall require Medicaid and any carrier or other entity that contracts with the office of Medicaid to pay for or arrange for the purchase of health care services to reimburse any freestanding comprehensive cancer center in the commonwealth, as defined in section 1 of chapter 6D, in an amount that is not less than that percentage of its allowable costs for outpatient services for a fiscal year that is established for such fiscal year by the federal Centers for Medicare & Medicaid Services,, with “allowable costs” being determined in accordance with the Medicare cost-based reimbursement methodology as used by said federal agency for determining allowable outpatient costs."

Budget Amendment ID: FY2020-S3-10

OTH 10

Greater Haverhill Chamber of Commerce

Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end the following: “provided further that not less than $40,000 shall be expended to the Greater Haverhill Chamber of Commerce”; and by striking out the figure “$163,176” and inserting in place thereof the following figure:- “$203,176.”

Budget Amendment ID: FY2020-S3-10-R1

Redraft OTH 10

Greater Haverhill Chamber of Commerce

Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- “; provided further, that not less than $40,000 shall be expended to the Greater Haverhill Chamber of Commerce”; and

in said section 2, in said item 7008-1116, by striking out the figure “$163,176” and inserting in place thereof the following figure:- “$203,176”.

Budget Amendment ID: FY2020-S3-10-R2

2nd Redraft OTH 10

Greater Haverhill Chamber of Commerce

Ms. DiZoglio and Mr. Tarr moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- “; provided further, that not less than $80,000 shall be expended to the Greater Haverhill Chamber of Commerce”; and

in said section 2, in said item 7008-1116, by striking out the figure “$585,000” and inserting in place thereof the following figure:- “$665,000”.

Budget Amendment ID: FY2020-S3-11-R1

Redraft OTH 11

Greater Newburyport Chamber of Commerce & Industry

Ms. DiZoglio and Mr. Tarr moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- “; provided further, that not less than $10,000 shall be expended to the Greater Newburyport Chamber of Commerce and Industry, Inc.”; and

in said section 2, in said item 7008-1116, by striking out the figure “$163,176” and inserting in place thereof the following figure:- “$173,176”.

Budget Amendment ID: FY2020-S3-11

OTH 11

Greater Newburyport Chamber of Commerce & Industry

Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 7008-0900, by adding the following: “provided further that not less than $10,000 shall be expended to the Greater Newburyport Chamber of Commerce & Industry”; and by striking out the figure “$163,176” and inserting in place thereof the following figure:- “$173,176”.

Budget Amendment ID: FY2020-S3-12

OTH 12

Volunteer Income Tax Assistance

Ms. DiZoglio, Messrs. Welch, Tran, Moore, Crighton, Eldridge, Fattman, Collins, Montigny, deMacedo, O'Connor and Feeney and Ms. Comerford moved that the proposed new text be amended in section 2, in item 1201-0100, by adding at the end the following: “; and provided, further, that not less than $800,000 shall be expended to organizations providing tax assistance services to individuals and families qualifying for the Volunteer Income Tax Assistance Program, in partnership with the Internal Revenue Service, for the provision of said services”; and by striking out the figure “$83,285,026” and inserting in place thereof the following figure:- “$84,085,026”.

Budget Amendment ID: FY2020-S3-12-R1

Redraft OTH 12

Volunteer Income Tax Assistance

Ms. DiZoglio, Messrs. Welch, Tran, Moore, Crighton, Eldridge, Fattman, Collins, Montigny, deMacedo, O'Connor and Feeney and Ms. Comerford moved that the proposed new text be amended in section 2, in item 1201-0100, by adding the following words: “; provided further, that not less than $200,000 shall be expended to organizations providing tax assistance services to individuals and families qualifying for the volunteer income tax assistance program, in partnership with the Internal Revenue Service, for the provision of such services”; and

in said section 2, in said item 1201-0100, by striking out the figure “$83,285,026” and inserting in place thereof the following figure:- “$83,485,026”.

Budget Amendment ID: FY2020-S3-13

OTH 13

Tax Lien

Messrs. DiDomenico, Fattman, Brady and O'Connor moved that the proposed new text be amended in section 3, by inserting after section ____ the following sections:-

SECTION _____. Section 52 of Chapter 60 of the General Laws is hereby amended by inserting the following sentence at the end of the Section:

If the whole or any portion of a subsequent fiscal year’s tax remains unpaid after it is due at the end of the fiscal year, the assignee shall, if required by the treasurer or collector and prior to a taking or sale for the subsequent taxes, pay to the collector such amount for subsequent taxes and interest as is due and unpaid, and the amount so paid shall be added, with such interest and intervening costs as have accrued, to the amount to be paid by a person redeeming under section 62.

SECTION _____. Section 62 of Chapter 60 of the General Laws is hereby amended by striking the first sentence of second paragraph, and inserting in its place the following sentence:

Any such person may so redeem by paying or tendering to a purchaser, other than the city or town, his legal representatives or assigns, or to the person to whom an assignment of a tax title has been made by the city or town under section fifty-two, at any time prior to the filing of such petition for foreclosure the original sum and intervening taxes and costs paid by him and interest on the whole at said rate, from the date of purchase or the date of said assignment as the case may be.

Budget Amendment ID: FY2020-S3-14

OTH 14

Complete Count Fund

Mr. DiDomenico, Ms. Rausch, Mr. Feeney, Ms. Gobi, Messrs. Eldridge, Crighton, Kennedy, Lesser and Moore, Ms. Chang-Diaz, Messrs. Brady, Hinds and Collins, Ms. DiZoglio, Ms. Jehlen, Messrs. Welch, Finegold, O'Connor and Cyr moved that the proposed new text be amended in section 2, by adding the following line item:

"xxxx-xxxx There shall be established a Complete Count Fund to provide for a statewide competitive grant program for the purpose of ensuring a complete and accurate count in the 2020 Census. The sum of $5,000,000 shall be appropriated from the General Fund to support outreach efforts in communities that are at significant risk of being undercounted. The grant program shall be administered by the secretary of the commonwealth, who shall issue a competitive request for proposals to provide grants to the following eligible entities (i) nonprofit organizations that demonstrate direct access to hard-to-count populations (ii) publicly funded organizations that provide direct service to hard-to-count populations, such as public libraries, workforce centers, community-based health centers, or homeless shelters. Competitive grants made under this subsection shall be used to conduct outreach and education that encourages individuals to complete the census. Activities may include (i) conducting outreach to hard-to-count populations through media, mailings, canvassing, phone banking, or public forums (ii) disseminating information at key service centers and access points in the community (iii) tailored outreach and support to homeless populations, households with limited English, immigrant communities, individuals with difficulty accessing the internet or otherwise completing the form. In making awards under this subsection, the secretary shall, to the maximum extent practicable, ensure (i) proportionate funding based on the distribution of hard-to-count communities across the commonwealth; and (ii) targeted investments in areas with no federal area census offices. To the maximum extent practicable, in issuing grants under this subsection, the secretary shall give the highest priority to funding proposals that (a) demonstrate a track record of success in serving individuals in historically hard-to-count communities; (b) identify solutions that directly address barriers to a complete count in 2020, including usability of the digital platform, impacts of a possible citizenship question, and reduced federal resources; and c) tailor outreach efforts to engage historically underserved populations. The total amount provided to a grant recipient under this subsection shall not exceed 10 percent of the amount provided herein. The secretary shall provide technical assistance to assist eligible entities in the application process, and outline periodic reporting requirements for grantees, to include semi-annual and final reports. The secretary of the commonwealth may use the fund for necessary and reasonable administrative and personnel costs related to administering the grants. Such expenditures may not exceed, in one fiscal year, 5 percent of the total amount deposited into the fund during that fiscal year. The secretary shall file a report with the house and senate within six months of the completion of all grant activities which outlines key accomplishments and impact of the grant funds that were disseminated. $5,000,000".

Budget Amendment ID: FY2020-S3-14-R1

Redraft OTH 14

Complete Count Fund

“0511-0271 For a statewide competitive complete count grant program to ensure a complete and accurate count in the 2020 census; provided, that the grant program shall be administered by the state secretary through a request for proposals that shall support outreach efforts in communities that are at significant risk of being undercounted; provided further, that the entities eligible to apply for the grant shall include: (i) nonprofit organizations that demonstrate direct access to hard-to-count populations; (ii) publicly funded organizations that provide direct service to hard-to-count populations including, but not limited to, public libraries, workforce centers, community-based health centers and homeless shelters; provided further, that competitive grants made under this item shall be used to conduct outreach and education that encourages individuals to complete the census including, but not limited to: (a) conducting outreach to hard-to-count populations through media, mailings, canvassing, phone banking and public forums; (b) disseminating information at key service centers and access points in communities; and (c) tailored outreach and support to homeless populations, households with limited English, immigrant communities and individuals with difficulty accessing the internet or otherwise completing the form; provided further, that when making awards under this item, the secretary shall, to the maximum extent practicable, ensure: (1) proportionate funding based on the distribution of hard-to-count communities across the commonwealth; and (2) targeted investments in areas with no federal area census offices; provided further, that to the maximum extent practicable, when issuing grants under this item, the secretary shall give the highest priority to funding proposals that: (A) demonstrate a track record of success in serving individuals in historically hard-to-count communities; (B) identify solutions that directly address barriers to a complete count in 2020, including usability of the digital platform, impacts of a possible citizenship question and reduced federal resources; and (C) tailor outreach efforts to engage historically-underserved populations; provided further, that the total grant to a single recipient shall not exceed 10 per cent of the total available; provided further, that the secretary may use not more than 5 per cent of the total appropriation for necessary administrative costs reasonably related to grant administration; provided further, that the secretary shall provide technical assistance to assist eligible entities in the application process; provided further, that the secretary shall develop guidelines which outline periodic reporting requirements for grantees, including semi-annual and final reports; provided further, that the secretary shall file a preliminary and a final report on the efficacy of the grant program that shall outline key accomplishments and the estimated impact of the awarded funds; and provided further, that the preliminary report shall be filed with the house and senate committees on ways and means and with the joint committee on election laws not later than 3 months after the awarding of funds and the final report shall be filed with the house and senate committees on ways and means and with the joint committee on election laws within 6 months after completion of all grant activities ………..$2,000,000".

Budget Amendment ID: FY2020-S3-15

OTH 15

Family Caregiver Tax Credit

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

SECTION _. 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.

This section shall apply to taxable years beginning on or after January 1, 2020."

Budget Amendment ID: FY2020-S3-16

OTH 16

Super Research and Development Tax Credit

Messrs. Tarr, Humason and O'Connor 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 39 (a). 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.

(b). 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.

(c). 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

(d). 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.

(e). 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: FY2020-S3-19

OTH 19

Small Business Technical Assistance Program

Ms. DiZoglio, Messrs. Moore, Kennedy, Lesser, Eldridge and Humason, Ms. Gobi, Messrs. Tran, Hinds, Collins and Cyr, Ms. Chang-Diaz, Messrs. O'Connor and Feeney, Ms. Comerford and Mr. Montigny moved that the proposed new text be amended in section 2, by striking out item 7002-0040 and inserting in place thereof the following item: “7002-0040 For a transfer to the Massachusetts Growth Capital Corporation for the small business technical assistance grant program; provided, that not less than $4,000,000 shall be disbursed as grants to community development corporations certified under chapter 40H of the General Laws, non-profit community development financial institutions certified by the United States Department of the Treasury or non-profit community-based organizations for the purpose of providing technical assistance or training programs to businesses with not more than 20 employees; provided further, that priority shall be given to those organizations that focus on reaching underserved markets; and provided further, that not later than January 15, 2020, the Massachusetts Growth Capital Corporation shall submit a report to the house and senate committees on ways and means and the joint committee on community development and small businesses....................................................................................$4,000,000"

Budget Amendment ID: FY2020-S3-20

OTH 20

National Association of Government Employees

Ms. DiZoglio, Messrs. Feeney and O'Connor moved that the proposed new text be amended in section 70, in line 18 by striking the figure “6” and inserting in its place the following figure: “7” and, further amend the bill in said section 70 in line 22 by inserting after the work “Reservation,” the following: “and 1 of whom shall be a representative of the National Association of Government Employees."

Budget Amendment ID: FY2020-S3-21

OTH 21

Office of Vehicle Management

Messrs. Collins and O'Connor moved that the proposed new text be amended in section 2B, in item 1775-0800, by adding at the end there of:- “provided, that any unspent balance at the close of fiscal year 2020 shall remain in the Intragovernmental Service Fund and may be expended for that item in fiscal year 2021.”

Budget Amendment ID: FY2020-S3-22

OTH 22

Free MBTA Service to Gold Star Parents

Messrs. Tran and deMacedo moved that the proposed new text be amended by inserting after section 80 the following section:- "SECTION XX. Chapter 161A of the general laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 50 the following new section: - Section 50. The authority shall offer free services to the parents of US military personnel killed in the line of duty. The secretary of transportation shall promulgate rules and regulations for the implementation of this section.

Budget Amendment ID: FY2020-S3-23

OTH 23

Direct Sale of Alcoholic Beverages for Off-Premises Consumption

Messrs. Tran and Humason moved that the proposed new text be amended by inserting after section 80 the following section:- "SECTION XX. 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: FY2020-S3-24

OTH 24

Regional Tourism Grant Timing

Ms. Lovely, Messrs. Tarr, Eldridge, Hinds, Brady, Cyr, Humason and deMacedo, Ms. Gobi, Mr. O'Connor and Ms. Comerford moved that the proposed new text be amended by inserting the following new section:-

SECTION XX. Chapter 23A of the General Laws is hereby amended by adding the following new section:- Section 68. Grants allocated to regional tourism councils through the Massachusetts Tourism Trust Fund established in section 13T shall be distributed not later than September 1 of the fiscal year in which they are allocated.

Budget Amendment ID: FY2020-S3-24-R1

Redraft OTH 24

Regional Tourism Grant Timing

Ms. Lovely, Messrs. Tarr, Eldridge, Hinds, Brady, Cyr, Humason and deMacedo, Ms. Gobi, Mr. O'Connor and Ms. Comerford moved that the proposed new text be amended by inserting after section 9 the following section:-

“SECTION 9A. Chapter 23A of the General Laws is hereby amended by adding the following section:-

Section 69. Grants allocated to regional tourism councils through the Massachusetts Tourism Trust Fund pursuant to section 13T shall be distributed not later than September 1 of the fiscal year in which they are allocated.”.

Budget Amendment ID: FY2020-S3-26-R1

Redraft OTH 26

Authorizing Deleading in Schools

Ms. Lovely, Mr. Moore, Ms. Comerford, Mr. Lesser, Ms. DiZoglio, Messrs. Welch, Eldridge, O'Connor, Feeney, Crighton, Tran and Tarr moved that the proposed new text be amended by inserting after section 75 the following section:-

“SECTION 75A. Notwithstanding any general or special law to the contrary, not more than $5,000,000 of funds deposited pursuant to chapter 273 of the acts of 2018 into the Water Pollution Abatement Revolving Fund, established in section 2L of chapter 29 of the General Laws, may be used for deleading projects, including grants, at early education facilities, childcare centers and public schools, prioritizing elementary schools. Funding shall be prioritized to address high risk populations based on characteristics including, but not limited to, age and socioeconomic status and based on consultation with the advisory committee for the lead poisoning prevention program, established under section 190 of chapter 111 of the general laws.”.

Budget Amendment ID: FY2020-S3-26

OTH 26

Authorizing Deleading in Schools

Ms. Lovely, Mr. Moore, Ms. Comerford, Mr. Lesser, Ms. DiZoglio, Messrs. Welch, Eldridge, O'Connor, Feeney, Crighton and Tran moved that the proposed new text be amended by inserting the following new section:- “SECTION XX. Notwithstanding any general or special law to the contrary, monies deposited pursuant to chapter 273 of the acts of 2018 into the Water Pollution Abatement Revolving Fund, established in section 2L of chapter 29 of the General Laws, may be used for public school deleading projects, including grants.”

Budget Amendment ID: FY2020-S3-27

OTH 27

Clean, Green, Rapid Transportation Machine

Messrs. Collins and O'Connor moved that the proposed new text be amended in section 3, by adding the following new section:

"Section XX The secretary of transportation, in consultation with the control board established in section 200 of chapter 46 of the acts of 2015, shall prepare a plan that examines the full electrification of the Providence and Fairmount lines on the Massachusetts Bay Transportation Authority commuter rail system. The plan shall include: (i) an analysis of procurement, by purchase, lease or other method, of electric locomotives, electric multiple unit equipment or a combination of both; (ii) an analysis of the design and construction of high level platforms at all stations on each line; (iii) a detailed cost estimate, including a comparison of costs associated with maintaining existing equipment and costs associated with maintaining electric locomotives, electric multiple units or both; (iv) an analysis of the benefits of the full electrification of the Providence and Fairmount lines; and (v) a detailed project schedule, including all necessary procurement activities, leading to completion of design, construction and commencement of passenger operations not later than April 30, 2023.The plan shall be delivered to the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on transportation and shall be made publicly available on the Massachusetts Department of Transportation’s website not later than March 1, 2020.

Budget Amendment ID: FY2020-S3-30

OTH 30

Rail Feasibility Study Between North Adams, Greenfield and Boston

Ms. Comerford, Ms. Gobi, Messrs. Hinds and O'Connor moved that the proposed new text be amended by inserting after section ___ the following section:-

"SECTION XX. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study of rail access between the cities of North Adams and Boston.

The study shall commence on June 1, 2020 and shall examine and evaluate the costs and economic opportunities related to establishing rail service between the cities of North Adams and Greenfield, and Greenfield and Boston, including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating rail service on existing rights of way and other operational issues; (v) an estimate of the environmental impact and benefits; (vi) an analysis of community impact and benefits; (vii) the potential sources and availability of federal, state, local and private sector funding and (viii) the resulting economic, employment, social and cultural benefits to Franklin and Berkshire counties and the commonwealth as a whole.

The Department shall file the report with the clerks of the house and senate, the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on transportation not later than June 1, 2021."

Budget Amendment ID: FY2020-S3-31

OTH 31

Relative to Increasing the Efficiency of Nursing Home Acuity Reporting

Messrs. Tarr, Tran, Moore, deMacedo, Humason, Eldridge, O'Connor, Feeney and Finegold moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION____ Chapter 118E of the General Laws is hereby amended by inserting after section 14A the following section:-

Section 14B. The division shall promulgate rules and regulations to provide for a single form to be used by the division and the United States Department of Health and Human Services to collect resident care information, including but not limited to, case-mix information as defined by the division to be used for resident reimbursement. This single form shall be used to set the Nursing Component of the Medicaid nursing facility rate and during the first three years of the conversion to a single form, the division shall ensure for each facility that total annual revenue for the Nursing Component is no less than the total annual Nursing Component revenue in the year prior to the conversion to the new form."

Budget Amendment ID: FY2020-S3-31-R1

Redraft OTH 31

Relative to Increasing the Efficiency of Nursing Home Acuity Reporting

Messrs. Tarr, Tran, Moore, deMacedo, Humason, Eldridge, O'Connor, Feeney and Finegold moved that the proposed new text be amended by inserting after section 75 the following section:-

"SECTION 75A. The office of MassHealth shall evaluate the feasibility of utilizing a single form by the division and the federal Department of Health and Human Services to: (i) collect resident care information including, but not limited to, case-mix information to be used for resident reimbursement; and (ii) set the nursing component of the Medicaid skilled nursing facility rate. The evaluation shall also include the projected fiscal impact of utilizing the federally required Long Term Care Minimum Data Set acuity tool.

Not later than May 1, 2020, the office shall report its findings to the clerks of the senate and the house of representatives, the joint committee on health care financing and the senate and house committees on ways and means.”.

Budget Amendment ID: FY2020-S3-32

OTH 32

EEA HR Consolidation

Ms. Gobi, Messrs. Humason and O'Connor moved that the proposed new text be amended by adding the following two sections:

“Section XX. Section 2 of chapter 21A of the General Laws is hereby amended by adding the following 2 sentences:- The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate offices, departments and divisions within the office and may designate such functions "core administrative functions" in order to improve administrative efficiency and preserve fiscal resources. Common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, including payroll processing, and information technology. All employees performing functions so designated shall be employed directly by the secretary, and the office shall function as a single state agency for purposes of carrying out the functions so designated.

Section XX. (a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance and the executive office of energy and environmental affairs shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the functions of state government designated as "core administrative functions" under section 2 of chapter 21A of the General Laws from the transferor agency to the transferee agency, defined as follows: (1) the department of environmental protection, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (2) the department of public utilities, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (3) the department of conservation and recreation, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (4) the department of agricultural resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (5) the department of energy resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; and (6) the department of fish and game, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency.

(b) The employees of each transferor agency performing the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without interruption of service, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, both as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, shall continue unabated and remain in force, but shall be assumed and completed by the executive office of energy and environmental affairs.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the executive office of energy and environmental affairs.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the executive office of energy and environmental affairs.

(f) All duly existing contracts, leases and obligations of each transferor agency as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.”

Budget Amendment ID: FY2020-S3-35

OTH 35

Norfolk County Retirement Board Real Property Acquisition

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

SECTION X. The Norfolk county retirement board may, in accordance with guidelines established by the public employee retirement administration commission, and in accordance with chapter 30B of the general laws, purchase an appropriate real property located within Norfolk county to use for the administrative office of the Norfolk county retirement system and may purchase or lease equipment and employ any personnel as necessary for the proper administration and transaction of the business of the retirement system.

Budget Amendment ID: FY2020-S3-36

OTH 36

Property tax liability reduction for volunteer services

Messrs. Tarr, deMacedo, Humason and O'Connor moved that the proposed new text be amended by inserting after section_ the following:-

SECTION XX. Section 5K of chapter 59 of the General laws, as appearing in the 2016 Official Edition is hereby amended by striking out in line 14 the figure "$1,500" and inserting in place thereof the following figure:— "$2,000"

Budget Amendment ID: FY2020-S3-40

OTH 40

Contribution Fairness

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

SECTION XX. Section 7A of chapter 55 of the General Laws, 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: FY2020-S3-41

OTH 41

State and Federal Law Enforcement Cooperation

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

SECTION XX. Chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 20R the following section:-

Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or political subdivision thereof, who holds police powers or the powers of a sheriff or deputy sheriff, including but not limited to municipal police officers, court officers, and state troopers, and who has lawful custody of a person may, upon receipt of (1) a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, provided that a supervisory officer of such employee’s agency has, in accordance with a policy promulgated in accordance with subsection (c), first determined that there are specific facts indicating that the person to be detained poses a threat to public safety; and further provided that such person be provided with a copy of such written request; and further provided that in no circumstances shall such detention exceed 24 hours unless an appropriate judicial officer shall have made a probable cause determination under the procedure set forth in subsection (d).

(b) As used in subsection (a), “specific facts indicating that the person to be detained poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true with respect to such person:

1. The person has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to national security;

2. The person has been convicted of an offense of which an element was active participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);

3. The person has been convicted of an offense classified as a felony, other than a state or local offense for which an essential element was the person’s immigration status;

4. The person has been convicted of an aggravated felony, as defined under 8 U.S.C. § 1101(a)(43); or

5. The person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like violations of the law of another state, the United States or a military, territorial or Indian tribal authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any other offense for which the person has been sentenced to time in custody of 180 days or more.

(c) Each agency of the Commonwealth or any public instrumentality or political subdivision of the Commonwealth that chooses to allow its employees to exercise the authority granted by subsection (a) shall promulgate a written policy designating which supervisory officers may make the determination required by subsection (a) before a person is detained and the criteria such supervisory officer shall use in making such determination.

(d) A determination of probable cause for detention shall be made by an appropriate judicial officer and promptly reduced to writing. The appropriate judicial officer shall consider any information presented by the detaining agency, whether or not known at the time of initial detention. The detaining agency shall present the information under oath or affirmation or under the pains and penalties of perjury, and may present the information orally, in person or by any other means, or in writing. If presented in writing, the information may be transmitted to the appropriate judicial officer by facsimile transmission or by electronic mail or by such other electronic means as may be found acceptable by the court. The determination of probable cause for detention shall be an ex parte proceeding. The person detained shall have no right to appear, either in person or by counsel. If the judicial officer determines that there is not probable cause to believe the person detained is a removable alien, then the judicial officer shall order that the person be released forthwith. Such a determination and order shall be filed in the District Court having jurisdiction over the location of the detention, together with all written information submitted by the detaining agency. Such documents shall be filed separately from the records of criminal cases, and shall be open for inspection by the public. If a determination under this subsection is necessary, the detaining agency shall present the information necessary to obtain such determination to the appropriate judicial officer as soon as reasonably possible after the detention begins, but no later than 24 hours after the detention begins.

(e) This section shall not be construed to give rise to a private right of action and shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.

SECTION XX. Chapter 30 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 65 the following section:-

Section 66. (a) Under no circumstances shall the commonwealth, any political subdivision thereof, or any employee or agent of the commonwealth or any of its political subdivisions, establish any operation or program that requires, or has the effect of causing, persons to register or check in based in whole or in part on their religion, national origin, nationality, citizenship, race, ethnicity, gender, gender identity, sexual orientation or age, or maintain any records system, government file or database for the purpose of registering persons based in whole or in part on those categories.

(b) In the event that any federal government operation or program requires, or has the effect of causing, persons to register or check in based in whole or in part on their religion, national origin, nationality, citizenship, race, ethnicity, gender, gender identity, sexual orientation or age, including but not limited to any such operation or program created pursuant to 8 United States Code, sections 1302(a) and 1303(a):

(i) no resources of the commonwealth or any political subdivision thereof shall be expended in the enforcement or implementation of such registry or check-in program;

(ii) no employee or agent of the commonwealth or any of its political subdivisions shall access, or seek to access, any information maintained pursuant to such registry or check-in program; and

(iii) no employee or agent of the commonwealth or any of its political subdivisions shall provide or disclose or offer to provide or disclose information to, or respond to a request for information from, such registry or check-in program.

(c) The prohibitions under subsections (a) and (b) shall not apply to any government operation or program that: (1) merely collects and compiles data about nationals of a foreign country entering or exiting the United States; or (2) issues visas, grants United States citizenship, confers an immigration benefit, or temporarily or permanently protects noncitizens from removal.

(d) Nothing in this section shall prohibit or restrain the commonwealth, any political subdivision thereof, or any employee or agent of the commonwealth or any of its political subdivisions, from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with Section 1373 of Title 8 of the United States Code.

Budget Amendment ID: FY2020-S3-42

OTH 42

Graduate Student Loan Deductions

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

SECTION XX. Section 3 of chapter 62 of the General Laws is hereby amended by inserting after the word “undergraduate”, in lines 130 and 134, as appearing in the 2016 Official Edition, each time it appears, the following words:- “or graduate”.

Budget Amendment ID: FY2020-S3-48

OTH 48

Protection of Health Data

Messrs. Brady and O'Connor moved that the proposed new text be amended in section 67, by inserting after the words “drafts of proposed legislation necessary to carry those recommendations into effect”, the following words:-“Records disclosed by a pharmacy benefit manager, Medicaid managed care organization or Medicaid accountable care organization under this section shall not be public records under section 7 of chapter 4 or under chapter 66 and shall remain confidential.”

Budget Amendment ID: FY2020-S3-49

OTH 49

Equity in balance billing protections

Ms. Creem and Mr. Moore moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION XX. Chapter 32B of the General Laws, as so appearing, is hereby amended by adding the following new section:-

Section 30: Charges or collections of excess compensation

No physician or other provider of services, who treats or provides services to an individual covered by hospital, surgical, medical or catastrophic illness coverage, including the coverage of a healthcare organization, offered by a governmental unit under the provisions of this chapter, shall charge to or collect from any insured or other beneficiary any amount in excess of that amount of compensation determined or allowed for a particular service by the insurer or by the administrator. For purposes of this section the words insurer and administrator shall include any insurance carrier, nonprofit hospital or medical service corporation or third-party health care administrator operating within the scope of its license. Nothing in this section shall be construed to prevent the collection of any copayments or deductibles allowed for in the plan design.

Budget Amendment ID: FY2020-S3-50

OTH 50

Frederick Douglass Day

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

SECTION __. Chapter 6 of the General Laws is hereby amended by inserting after section 15HHHHHH the following section:-

Section 15IIIIII. The governor shall annually issue a proclamation setting apart February 14 as Frederick Douglass Day, in recognition of the outstanding contributions of Frederick Douglass to the abolitionist movement and his lifelong fight for equality in the city of New Bedford, the commonwealth and throughout the United States, and recommend that the day be observed in an appropriate manner by the people.

Budget Amendment ID: FY2020-S3-50-R1

Redraft OTH 50

Frederick Douglass Day

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

SECTION __. Chapter 6 of the General Laws is hereby amended by inserting after section 15HHHHHH the following section:-

Section 15IIIIII. The governor shall annually issue a proclamation setting apart February 14 as Frederick Douglass Day, in recognition of the outstanding contributions of Frederick Douglass to the abolitionist movement and his lifelong fight for equality in the cities of New Bedford and Lynn, the commonwealth and throughout the United States, and recommend that the day be observed in an appropriate manner by the people.

Budget Amendment ID: FY2020-S3-56

OTH 56

Be the Match at RMV Branches

Ms. Rausch and Mr. O'Connor moved that the proposed new text be amended by inserting after section _ the following section:-

SECTION XX. Section 8D of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “The registrar shall make available in all registry branches educational materials as provided by organ procurement organizations serving the commonwealth.” the following words:- "The registrar shall make available in all registry branches registration stands provided by the Be the Match organization."

Budget Amendment ID: FY2020-S3-58-R1

Redraft OTH 58

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 0337-0002, by striking out the figure “$22,017,779” and inserting in place thereof the following figure:- “$22,984,763”; and

in said section 2, in item 0640-0300, by striking out the figure “$17,000,000” and inserting in place thereof the following figure:- “$18,080,000”; and

in said section 2, in item 1102-3331, by adding the following words:-“; and provided further, that not less than $227,610 shall be expended for full-time maintenance coverage of elevators at the state house”; and

in said section 2, in said item 1102-3331, by striking out the figure “$3,109,929” and inserting in place thereof the following figure:- “$3,337,539”; and

in said section 2, in item 1232-0100, by adding the following words:- “, prior appropriation continued”; and

in said section 2, in item 1410-0012, by striking out the figure “$5,334,262” and inserting in place thereof the following figure:- “$5,414,262”; and

in said section 2, in item 1410-0250, by striking out the figure “$3,232,655” and inserting in place thereof the following figure:- “$3,537,655”; and

in said section 2, in item 1410-1616, by adding the following words:-“; provided, that not less than $10,000 shall be expended to the Wall that Heals in the town of North Reading"; and

in said section 2, in said item 1410-1616, by striking out the figure “$250,000” and inserting in place thereof the following figure:- “$315,000”; and

in said section 2, in item 1599-0026, by striking out the figure “$4,750,000” and inserting in place thereof the following figure:- “$5,332,000”; and

in said section 2, in item 2000-0100, by striking out the figure “$9,466,223” and inserting in place thereof the following figure:- “$9,991,223”; and

in said section 2, in item 2200-0100, by striking out the figure “$31,630,245” and inserting in place thereof the following figure:- “$31,922,245”; and

in said section 2, in item 2330-0100, by striking out the figure “$7,029,928” and inserting in place thereof the following figure:- “$7,369,928”; and

in said section 2, in item 2511-0100, by striking out the figure “$6,158,662” and inserting in place thereof the following figure:- “$6,303,662”; and

in said section 2, in item 2511-0105, by striking out the figure “$19,085,000” and inserting in place thereof the following figure:- “$20,147,000”; and

in said section 2, in item 2810-0122, by striking out the figure “$185,000” and inserting in place thereof the following figure:- “$3,063,000”; and

in said section 2, in item 3000-1000, by striking out the figure “$6,172,055” and inserting in place thereof the following figure:- “$6,447,055”; and

in said section 2, in item 3000-1020, by striking out the figure “$39,143,988” and inserting in place thereof the following figure:- “$39,443,988”; and

in said section 2, in item 3000-6025, by striking out, in line 6, the word “shall” and inserting in place thereof the following word:- “may”; and

in said section 2, in item 4000-0005, by striking out the figure “$8,145,000” and inserting in place thereof the following figure:- “$8,180,000”; and

in said section 2, in item 4000-0300, by striking out the figure “$107,816,936” and inserting in place thereof the following figure:- “$109,356,936”; and

in said section 2, in item 4000-0700, by adding the following words:- “; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years”; and

in said section 2, in item 4003-0122, by striking out the figure “$600,000” and inserting in place thereof the following figure:- “$825,000”; and

in said section 2, in item 4110-1000, by striking out the figure “$6,074,905” and inserting in place thereof the following figure:- “$6,674,905”; and

in said section 2, in item 4510-0110, by striking out the figure “$513,673” and inserting in place thereof the following figure:- “$963,673”; and

in said section 2, in item 4510-0600, by striking out the figure “$4,144,530” and inserting in place thereof the following figure:- “$4,294,530”; and

in said section 2, in item 4512-0205, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$1,420,000”; and

in said section 2, in item 4513-1026, by striking out the figure “$4,469,372” and inserting in place thereof the following figure:- “$4,945,372”; and

in said section 2, in item 4513-1111, by striking out the figure “$3,577,580” and inserting in place thereof the following figure:- “$3,870,580”; and

in said section 2, in item 4513-1130, by striking out the figure “$37,835,747” and inserting in place thereof the following figure:- “$38,010,747”; and

in said section 2, in item 4590-0250, by striking out the figure “$13,203,583” and inserting in place thereof the following figure:- “$13,273,583”; and

in said section 2, in item 4590-1507, by striking out the figure “$4,600,000” and inserting in place thereof the following figure:- “$6,470,000”; and

in said section 2, in item 4800-0038, by striking out the figure “$307,989,474” and inserting in place thereof the following figure:- “$308,489,474”; and

in said section 2, in item 5042-5000, by striking out the figure “$93,575,702” and inserting in place thereof the following figure:- “$93,750,702”; and

in said section 2, in item 5046-0000, by striking out the figure “$489,380,275” and inserting in place thereof the following figure:- “$489,650,275”; and

in said section 2, in item 5911-1003, by adding the following words:-“; provided further, that not less than $25,000 shall be expended to Special Townies for support of special needs children in the Charlestown section of the city of Boston"; and

in said section 2, in said item 5911-1003, by striking out the figure “$74,696,951” and inserting in place thereof the following figure:- “$74,771,951”; and

in said section 2, in item 7002-0012, by striking out the figure “$14,442,500” and inserting in place thereof the following figure:- “$15,600,000”; and

in said section 2, in said item 7002-0012, by striking out the figure “6.75%” and inserting in place thereof the following figure:- “13.54%”; and

in said section 2, in said item 7002-0012, by striking out the figure “93.25%” and inserting in place thereof the following figure:- “86.46%”; 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:- “$2,790,000”; and

in said section 2, in item 7003-0100, by striking out the figure “$775,183” and inserting in place thereof the following figure:- “$850,183”; and

in said section 2, in item 7004-0099, by striking out the figure “$7,118,021” and inserting in place thereof the following figure:- “$7,373,021”; and

in said section 2, in item 7004-0107, by striking out the figure “$200,000” and inserting in place thereof the following figure:- “$1,038,000”; and

in said section 2, in item 7004-9316, by striking out the figure “$15,274,232” and inserting in place thereof the following figure:- “$16,274,232”; and

in said section 2, in item 7006-0040, by striking out the figure “$5,488,219” and inserting in place thereof the following figure:- “$5,708,219”; and

in said section 2, in item 7007-0300, by striking out the figure “$1,572,787” and inserting in place thereof the following figure:- “$1,972,787”; and

in said section 2, in item 7008-1116, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for accessibility improvements to the Margaret Fuller Neighborhood House in the city of Cambridge; and

in said section 2, in said item 7008-1116, by striking out the figure “$585,000” and inserting in place thereof the following figure:- “$4,799,800”; and

in said section 2, in item 7010-1192, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$1,567,500”; and

in said section 2, in item 7027-0019, by striking out the figure “$4,502,047” and inserting in place thereof the following figure:- “$5,112,047”; and

in said section 2, in item 7061-9611, by striking out the figure “$2,676,923” and inserting in place thereof the following figure:- “$4,246,923”; and

in said section 2, in item 7070-0065, by striking out the figure “$103,747,934” and inserting in place thereof the following figure:- “$104,147,934”; and

in said section 2, in item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$1,941,800”; and

in said section 2, in item 8324-0000, by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$31,206,212”; and

in said section 2, in item 8900-0001, by striking out the figure “$674,393,117” and inserting in place thereof the following figure:- “$674,438,117”; and

in said section 2, in item 9110-9002, by striking out the figure “$16,740,125” and inserting in place thereof the following figure:- “$18,147,400”; and

in section 2E, in item 1595-6368, by striking out the figure “$343,879,616” and inserting in place thereof the following figure:- “$344,683,616”; and

in section 3, in the third paragraph, by inserting after the sixth sentence the following sentence:- “Transitional aid received in fiscal year 2019 relating to low income measurement shall be included in districts' base aid in fiscal year 2020.”; and

in section 30, by striking out, in line 51, the words “engages: (i) directly or indirectly, through at least 1 related person, in” and inserting in place thereof the following words:- engages in: (i) directly or indirectly, through at least 1 related person; and

in said section 30, by striking out, in lines 100 and 105, the word “and” and inserting in place thereof, in each instance, the following word:- or; and

in said section 30, by striking out, in line 156, the figure “(vi)” and inserting in place thereof the following figure:- (vii); and

in section 32, by inserting after the word “retailers”, in line 24, the following words:- , including remote marketplace facilitators and marketplace facilitators that are not remote marketplace facilitators; and

in section 58, by striking out, in line 11, the figure “2021” and inserting in the place thereof the following figure:- “2020”; and

in section 59, by striking out, in line 6, the words “January 1” and inserting in place thereof the following words:- “June 30”; and

in section 68, by striking out, in line 40, the figure “1” and inserting in place thereof the following figure: “30”; and

in section 71, by striking out, in lines 13 and 14, the words “National Correctional Employees Union, Inc.” and inserting in place thereof the following words:- “Massachusetts AFL-CIO”.

Budget Amendment ID: FY2020-S3-58

OTH 58

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended by inserting the following words:- “, prior appropriation continued”; and

in said section 2, in item 4000-0700, by inserting the following words:- “; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years”; and

in section 3, after the sixth sentence of the third paragraph, by inserting the following words:- “Transitional aid received in fiscal year 2019 relating to low income measurement shall be included in districts' base aid in fiscal year 2020.”; and

in section 58, by striking out, in line 11, the figure “2021” and inserting in the place thereof the following figure:- “2020”; and

in section 59, by striking out, in line 6, the words “January 1” and inserting in place thereof the following words:- “June 30”; and

in section 63, by striking out, in line 5, the figure “2015” and inserting in the place thereof the following figure:- “2014”.