Government Amendments

Budget Amendment ID: FY2021-S4-4

GOV 4

Guaranteeing Annuities for Families of Veterans that Perished from COVID-19 while Residing in the Soldiers' Homes of Massachusetts

Messrs. Timilty, O'Connor, Welch and Velis moved that the proposed new text be amended by adding after section X the following new section:-

SECTION X. Section 6B of Chapter 115 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding after the third paragraph the following paragraph:-

The parents and surviving spouse, provided that surviving spouse does not remarry, of a deceased member of the armed forces of the United States, whose death occurred as a result of contracting COVID-19 while residing at the Soldiers’ Home in Holyoke or the Soldiers’ Home in Chelsea on or since January 1, 2020, shall be paid the sum of $2,000 annually in two equal payments on August 1 and February 1. Such payments shall be due and payable from the date of the parents' and surviving spouse's application; provided, however, that the first payment shall be retroactive to the applicant's initial date of eligibility if the deceased member or the parent or spouse making application was a resident of the commonwealth at the time of death and the parent or spouse making application is a resident of the commonwealth at the time of application. For the purposes of calculating any retroactive payment of benefits under this section, the initial date of eligibility shall be the later of: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998, in the case of parents and November 11, 2005, in the case of a spouse.

Budget Amendment ID: FY2021-S4-5

GOV 5

COVID-19 Emergency Financial Relief for Veterans

Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by adding the following section:

SECTION XX. (a) The following words as used in this section, unless the context otherwise requires, shall have the following meanings:

“COVID-19”, the 2019 Novel Coronavirus or 2019-nCoV.

“Eligible applicant”, an individual who: (a) qualifies as a veteran under clause 43 of section 7 of chapter 4 of the General Laws, or is the surviving spouse (who has not remarried) of a deceased veteran; (b) is a resident of the Commonwealth, and (c) has suffered a financial loss due to COVID-19.

“Financial loss”, a reduction or severance of a household’s earned or unearned income.

“Secretary”, the Secretary of the Department of Veterans’ Services.

(b)(i) Notwithstanding any general or special law to the contrary and in addition to any other public funds, the Secretary is empowered to the extent and in such amounts as provided through appropriation to provide one-time emergency financial relief grants to eligible applicants in need of assistance as a result of COVID-19.

(ii) Eligible applicants must be able to demonstrate a financial loss on or after the date of the emergency declaration issued by the Governor dated March 10, 2020, and designated as Executive Order Number 591, related to one of the following situations: (1) the eligible applicant or a legal dependent of the eligible applicant has/had a confirmed case of COVID-19; (2) a healthcare provider has determined that the presence of the eligible applicant or the eligible applicant’s spouse in the workplace would jeopardize the health of the eligible applicant or the eligible applicant’s spouse or others due to likely exposure to COVID-19; (3) a healthcare provider has determined that the health of the eligible applicant or the eligible applicant’s spouse is jeopardized due to a diagnosed underlying health condition which would put the eligible applicant or the eligible applicant’s spouse at increased risk if exposed to COVID-19 in the workplace; (4) the employer of the eligible applicant or the eligible applicant’s spouse directs them not to report to work for COVID-19 related reasons; (5) the workplace of the eligible applicant or the eligible applicant’s spouse is closed for COVID-19-related reasons and they are excused from work duties because they cannot be reassigned or work remotely; or (6) the eligible applicant is financially impacted by a school or childcare provider closure due to COVID-19.

(iii) Eligible applicants may use the financial assistance authorized under this section to purchase groceries, health care supplies or other necessities, delivery services for the foregoing, for emergency financial relief, hospitalization assistance, medical care or treatment, or any other COVID-19-related assistance as determined by the Secretary.

(iv) Eligibility for the financial assistance or the level of financial assistance provided under this section shall not be limited because the eligible applicant has previously received unemployment benefits or assistance from other public funds.

(c)(i) There shall be established a separate fund to be known as the COVID-19 Relief for Veterans Fund in Memory of Joseph DiZoglio, to be administered by the Secretary for the purposes of carrying out this section. The Secretary may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund.

(ii) The Comptroller shall transfer $10,000,000 from the General Fund to the fund established in paragraph (c)(i) for the purposes of carrying out this section.

(iii) The amount appropriated under this section shall be available until June 30, 2022.

(d) The Secretary is hereby authorized to promulgate guidance and regulations to assure the timely and effective implementation of this section.

Budget Amendment ID: FY2021-S4-5-R1

Redraft GOV 5

COVID-19 Emergency Financial Relief for Veterans

Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by adding the following section:

SECTION XX. (a) The following words as used in this section, unless the context otherwise requires, shall have the following meanings:

“COVID-19”, the 2019 Novel Coronavirus or 2019-nCoV.

“Financial loss”, a reduction or severance of a household’s earned or unearned income.

“Secretary”, the Secretary of the Department of Veterans’ Services.

(c)(i) There shall be established a separate fund to be known as the COVID-19 Relief for Veterans Fund, to be administered by the Secretary for the purposes of carrying out this section. The Secretary may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund.

(ii) The Comptroller shall transfer $10,000,000 from the General Fund to the fund established in paragraph (c)(i) for the purposes of carrying out this section.

(iii) The amount appropriated under this section shall be available until June 30, 2022.

(d) The Secretary is hereby authorized to promulgate guidance and regulations to assure the timely and effective implementation of this section.

Budget Amendment ID: FY2021-S4-6

GOV 6

Volunteer Income Tax Assistance Program Funding

Ms. DiZoglio, Mr. Moore, Ms. Comerford, Mr. O'Connor, Ms. Gobi, Messrs. Eldridge, Welch, Tran, Collins, Brady, Tarr and Crighton moved that the proposed new text be amended in section 2, in item 1201-0100, by striking out the words "and provided further, that not less than $500,000 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 inserting in place thereof the following words:- "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 such services"; and

in said section 2, in said item 1201-0100, by striking out the figure "$83,369,202", and inserting in place thereof the following figure:- "$83,669,202".

Budget Amendment ID: FY2021-S4-8

GOV 8

Disabled Persons Protection Commission

Messrs. Barrett, Collins and Keenan moved that the proposed new text be amended in section 2, in item 1107-2501, by striking out item 1107-2501 and inserting in place thereof the following item:- "1107-2501 For the operation of the disabled persons protection commission including, but not limited to, the costs of maintaining a computerized registry system of persons who have been substantiated for registrable abuse of a person with an intellectual or developmental disability; provided, that the commission shall facilitate compliance by the department of mental health and the department of developmental services with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means, not later than the last day of each quarter, on the number of claims of abuse by caretakers made by employees or contracted service employees of the department of developmental services, the department of mental health and the Massachusetts rehabilitation commission; provided further, that the report shall include: (a) the number of substantiated claims; (b) the number of unsubstantiated claims; and (c) the number of false claims reported as a result of intentional and malicious action; provided further, that not later than March 1, 2021, the commission shall issue a brief update to its fiscal year 2020 report detailing staffing changes and planned staffing changes from fiscal year 2018 through fiscal year 2021, and analyzing the effect of those changes on operational efficiency and caseload reduction; provided further, that the commission shall detail a 2 year hiring plan based on the appropriation provided in this item, and identify any remaining staffing needs within the agency necessary to reduce or eliminate backlogs with an estimate of the cost of those needs; provided further, that said update shall be provided to the house and senate committees on ways and means and to the joint committee on children, families and persons with disabilities; provided further, that all persons who call the commission’s 24-hour hotline shall be provided with the opportunity to elect that the call not be recorded; and provided further, that, in order to facilitate an effective hiring process for new employees required by the commission, funds appropriated for this item shall not revert but shall be made available for this item in fiscal year 2022. $7,896,579".

Budget Amendment ID: FY2021-S4-10

GOV 10

Nonprofit organization unemployment relief

Ms. Jehlen, Ms. Gobi, Messrs. Moore, Welch, Lesser, O'Connor, Velis and Tarr, Ms. Lovely and Mr. Montigny moved that the proposed new text be amended by adding the following sections:-

"SECTION XX. Notwithstanding 430 CMR 22.06, 430 CMR 5.06 or any general or special law to the contrary, a nonprofit organization may request a payment deadline extension of not later than June 30, 2021 to make payment in lieu of contributions pursuant to section 14 or section 14A of chapter 151A of the General Laws without penalty or interest.

SECTION XX. Notwithstanding 430 CMR 22.06, 430 CMR 5.06 or any general or special law to the contrary, the Department of Unemployment Assistance shall offer a no-interest payment plan to nonprofit organizations to make payment in lieu of contributions pursuant to section 14 or section 14A of chapter 151A of the General Laws without penalty or interest, authorizing incremental payments of amounts owed through June 30, 2021."

Budget Amendment ID: FY2021-S4-11

GOV 11

Replacement workers and PFML

Ms. Jehlen, Messrs. Feeney, Brady, Moore, O'Connor, Lesser, Pacheco, Timilty, Velis and Tran and Ms. Lovely moved that the proposed new text be amended by adding the following new sections:-

SECTION XX. Paragraph (3) of subsection (d) of section 14 of chapter 151A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the last sentence at line 135 the following sentence:-

“Benefits which, in accordance with the provisions of this paragraph, would be charged to an employer's account shall not be so charged but shall be charged to the solvency account in any case where an employee, otherwise eligible for benefits under this chapter and hired as a result of a covered individual taking leave under the provisions of chapter 175M, is subsequently separated from that employment when the covered individual returns from leave.

SECTION XX. Section 2 of chapter 175M of the General Laws is hereby amended by striking out subsection (f) and inserting in place thereof the following:-

“(f) The taking of family or medical leave shall not affect an employee's right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs. During the duration of an employee’s family or medical leave, the employer shall provide for, contribute to, or otherwise maintain the employee’s employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.

SECTION XX. The definition of “covered business entity” in section 1 of chapter 175M of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the word “1099-MISC” appearing after the word “form” and before the word “for” and replacing it with the words “1099-NEC, or any successor IRS form”; and the definition of “covered contract worker” in section 1 of chapter 175M of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the word “1099-MISC” appearing after the word “form” and before the semicolon and replacing it with the words “1099-NEC, or any successor IRS form”. This section shall take effect January 1, 2021.

Budget Amendment ID: FY2021-S4-16

GOV 16

Executive Order Ratification Requirement

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

Section XX. Section 2 of chapter 17 of the General Laws is hereby amended by adding the following section:-

“Each order by the governor pursuant to the Massachusetts Civil Defense Act, Chapter 639 of the Acts of 1950, and each action taken by the commissioner pursuant to the preceding section shall expire or otherwise lose all legal force thirty days after it is issued unless both houses of the legislature ratify such order or action by statute, direction, or instruction. Where the emergency at issue precludes either house from sitting, each such order and each such action shall remain in force until thirty days after both houses are able to again convene. Without the ratification required by this section, no second order substantially similar to the first may be issued and no action taken by the commissioner comparable to that which remains unratified may be undertaken for a term of sixty days after the last date for the ratification required hereunder.”

Budget Amendment ID: FY2021-S4-19

GOV 19

Franklin County Sheriff Opioid Use Disorder Fund

Ms. Comerford and Mr. Hinds moved that the proposed new text be amended by adding the following new section:-

“SECTION XX. Chapter 10 of the General Laws is hereby amended by inserting after section 35NNN the following section:-

SECTION 35OOO. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Franklin County Sheriff Opioid Use Disorder Fund to be administered by the Franklin county sheriff’s office.

(b) The purpose of the Fund shall be to support public education, treatment and recovery for opioid use disorder in Franklin County.

(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the Fund. Amounts credited to the Fund shall not be subject to further appropriation and any money remaining in the Fund at the end of a fiscal year shall not revert to the General Fund.”.

Budget Amendment ID: FY2021-S4-19-R1

Redraft GOV 19

Franklin County Sheriff Opioid Use Disorder Fund

Ms. Comerford and Mr. Hinds moved that the proposed new text be amended in section 16, by striking the word “section”, in line 2, and inserting in place thereof the following words:- “2 sections”; and

in said section 16, in proposed chapter 29, by inserting after section 2JJJJJ the following section:-

“Section 2KKKKK (a) There shall be a Franklin Sheriff Opioid Use Disorder Fund administered by the Franklin sheriff’s office to support public education, treatment and recovery for opioid use disorder in the county of Franklin. The fund shall be credited with all amounts that are transferred or authorized to be transferred to or directed to be deposited in the fund and all amounts received as gifts, grants or contributions to the fund. Amounts credited to the fund shall not be subject to appropriation and any money remaining in the fund at the close of a fiscal year shall not revert to the General Fund.

(b) Annually, not later than June 30, the Franklin sheriff’s office shall prepare a report on the amounts credited to the fund and expenditures made from the fund. The sheriff shall file the report with the clerks of the senate and house of representatives, the joint committee on public safety and homeland security and the senate and house committees on ways and means.”.

Budget Amendment ID: FY2021-S4-20

GOV 20

Citizens Commission Continuation

Mr. Eldridge moved that the proposed new text be amended by inserting the following new sections:-

"SECTION XX. Section 1(c) of chapter 322 of the Acts of 2018, is amended by inserting at the end the following: "and provided further, the Citizens Commission shall continue to exist and perform the responsibilities defined in this section until such time as the aforesaid constitutional amendment or amendments are ratified.”

SECTION XX. Section 2(c) of said chapter 322, is amended by inserting at the end the following: "provided further, the governor’s office of boards and commissions shall provide administrative support to the Citizens Commission, including but not limited to maintaining a website, facilitating meetings, and similar administrative tasks."

SECTION XX. Section 3(f) of said chapter 322 is amended inserting at the end the following: "and provided further, in the event a vacancy occurs on the Citizens Commission, the chair, co-chairs, or secretary of the Commission shall give notice of such vacancy to the appointing authority for that Commissioner, and the appointing authority shall appoint a replacement Commissioner in the following manner:

i). Within 30 days of receiving notice of the vacancy, the appointing authority may appoint any person who has previously duly applied to serve on the Citizens Commission in the process described in this Chapter; or

ii). Within 30 days of receiving notice of the vacancy, the appointing authority may appoint any person who files an application in compliance with this Chapter, sections b) and c), provided such application is publicly posted within 14 days of the notice of vacancy, and no appointment is made until 21 days after notice of the vacancy.

SECTION XX. Section 3(h) of said chapter 322 is amended by inserting after "co-chairs" the following: "and secretary".

SECTION XX. Section 4(a) of said chapter 322 is amended by striking Section 4(a)(i)--4(a)(iii) and inserting the following: “Section 4(a)(i): The Citizens Commission shall issue reports periodically, and in no event less than annually, concerning its activities, findings, and recommendations to advance and ratify the constitutional amendment or amendments that are the subject of this Chapter, and’”

SECTION XX. Section 4(b) of said chapter 322 is deleted and in its stead section 4(a)(ii) is inserted as follows: "The Citizens Commission shall deliver each of its reports to the President of the Senate, the Speaker of the House of Representatives, the Governor, the Secretary of the Commonwealth, the Attorney General, each member of the Massachusetts Congressional delegation, the President of the United States, and by public notice, the citizens of Massachusetts within 14 days of such report."

SECTION XX. Section 4(c) of said chapter 322 is amended by striking the section and inserting in place thereof : "Within 5 days of receipt, the Secretary of the Commonwealth is instructed to deliver any such report to each of the Secretary's counterparts in each of the several States, requesting that the said Secretary of each State deliver the report to such State's President of the Senate, Speaker of the House of Representatives, Governor, State Secretary, and Attorney General."

SECTION XX. Section 4(e) of said chapter 322 is amended by adding after “amendments” the following, "and provided further, the Citizens Commission shall advance the amendment or amendments by continuing to a) engage elected officials and political leadership to ensure support and prompt ratification for the amendments, b) engage with other states to gain support for the amendments, and c) engage with the public, organizations, and the media to increase awareness and support for the amendments."

Budget Amendment ID: FY2021-S4-21

GOV 21

Division of Administrative Law Appeals

Mr. Moore moved that the proposed new text be amended in section 2, by inserting after line item 1110-1000 the following item:

“1110-1002 For the Division of Administration Law Appeals, which may expend not more than $70,000 in revenues from fees charged for filing…..$70,000”

and moves to further amend the bill by inserting after section ____ the following section:-

“SECTION XX. The fifth paragraph of section 4H of chapter 7 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following 2 sentences:- The division shall establish a fee structure for all appeals, except for (i) appeals brought through the bureau of special education appeals, pursuant to this section and section 2A of chapter 71B; (ii) appeals from decisions by the commissioner of veterans' services, pursuant to section 2 of chapter 115; and (iii) appeals from the contributory retirement appeal board, pursuant to section 16 of chapter 32. The maximum fee shall not exceed $300 for any appeal and may include a waiver for financial hardship, as determined by the division.”

Budget Amendment ID: FY2021-S4-24

GOV 24

Community Compact

Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 1599-0026, by striking out the following:- “provided, that $1,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the community compact cabinet created by executive order number 554 issued January 23, 2015; provided further, that $1,000,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments;”

And inserting in place thereof the following:-

“provided, that $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the community compact cabinet created by executive order number 554 issued January 23, 2015; provided further, that $2,000,000 shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments;”

And further moves to amend the bill in said section 2 in said item 1599-0026 by striking out the figures “6,750,000” and inserting in place thereof the following figures:- 8,750,000.

Budget Amendment ID: FY2021-S4-26

GOV 26

Alcohol License Safekeeping

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

SECTION XX.

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

“Commission”, the alcohol beverages control commission, established in section 70 of chapter 10 of the General Laws.

“Local licensing authorities”, as defined in section 1 of chapter 138 of the General Laws.

""Safekeeping"", means a voluntary surrendering by a licensee of the privileges granted by the license without surrendering the license on a permanent basis to provide for a moratorium on all administrative rule and statutory licensing requirements of that license type during the time the license is listed in safekeeping.

(b) Notwithstanding section 77 of chapter 138 of the General Laws, any holder of a section 12 license issued pursuant to said chapter 138 who ceases to conduct the licensed business as a result of disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, may retain such license for a period of not more than 1 year upon filing with the local licensing authority and the commission a statement of the reason the license should be held in safekeeping and furnishing the name, address and telephone number of the person to whom correspondence is to be directed while the licensed premises is closed. The local licensing authority and the commission shall extend the safekeeping period for an additional year, if at the end of the initial one year period the licensed premises is unavailable due to fire, flood or similar natural disaster or an application is submitted to extend the safekeeping period for an additional year. If the license is not reactivated, transferred or approved for an extension of safekeeping period for an additional year, at the end of the initial one year safekeeping period the license shall be returned to the local licensing authority.

(c) The commission may establish a reasonable annual safekeeping fee; provided, however, a licensee who can show an inability to use the license through no fault of its own as a result of fire or flood, or inability to obtain an occupancy permit shall be granted a waiver of such fee. The presence of another business or the licensed business no longer being viable shall not serve as sufficient reasons to justify a waiver.

(d) The commission shall, within 10 days of the passage of this act, promulgate regulations consistent with this section and issue updated guidance to local licensing authorities.

(e) Nothing in this section shall prevent the commission from exercising its statutory or regulatory enforcement authority over any such safekeeping license.

Budget Amendment ID: FY2021-S4-31-R1

Redraft GOV 31

Tax Credit for School Supplies

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

"SECTION. Notwithstanding any general or special law to the contrary there is hereby established for the taxable years 2020 and 2021 a 2019 Novel Coronavirus school supplies tax credit, the purpose of which shall be to provide relief for extraordinary costs incurred by filers in response to the 2019 Novel Coronavirus pandemic for the purchase of school supplies. The amount of such credit shall be $1,000 and the aggregate amount of such credit shall not exceed $10,000,000 in any year. Said credit shall be available to reduce the amount of income tax owed and shall be implemented pursuant to regulations promulgated by the department of revenue. Said regulations shall prescribe specific expenses eligible for the credit, including but not limited to the costs associated for remote learning, and any such cost claimed shall be itemized in a form prescribed by the department. Such credit shall be available only in the tax year in which the claimed expenses are incurred, and no part of any credit may be carried forward to a subsequent tax year."

Budget Amendment ID: FY2021-S4-34

GOV 34

Job order Contracting

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

"SECTION_. Chapter 7C of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context clearly indicates otherwise:-

"Job order", an agreed upon fixed-price order issued by a public agency to a contractor pursuant to a job order contract for the contractor's performance of a specific maintenance, repair, alteration or conversion project consisting solely of tasks, materials and equipment selected from those specified and priced in the job order contract.

"Job order contract", a contract for the performance of a maintenance, repair, alteration and conversion projects, or a subset thereof, that: (i) is limited to a specified term; (ii) includes specifications consisting of technical descriptions of the included various tasks, materials and equipment at stated unit prices but that do not specify the specific projects to be performed by the contractor; (iii) contains a fixed contractor's mark up over the unit prices, as described under clause (ii); and (iv) in accordance with which 1 or more specified state agencies may enter into fixed price job orders with the contractor for the performance of specific projects, consisting solely of combinations of the tasks, materials and equipment specified in the contract and at the unit prices specified in the contract plus the contractor's mark-up.

"Maintenance", day-to-day routine, normally recurring, repairs, equipment adjustments and upkeep.

"Repair", work required to restore a facility or system to a condition in which it may continue to be approximately and effectively used for its designated purpose and anticipated life or to comply with code requirements by overhaul, reprocessing or replacement of constituent parts or materials that do not meet code requirements or have deteriorated by either action of the elements or wear and tear in use.

(b) Notwithstanding any general or special law to the contrary, the commissioner may establish a program for the use of job order contracts by higher education facilities subject to the department of higher education and by the division of capital asset management and maintenance with respect to properties for which it is responsible.

(c) The commissioner may procure contracts for services related to the creation and use of job order contracts including, but not limited to, the creation of task descriptions, specifications and unit prices for use in job order contracts, and agency training and other services related to such contracts. Such procurement may be conducted in accordance with the procedures specified in applicable regulations governing the procurement of commodities or services.

(d) The commissioner may procure job order contracts for use by state agencies, consisting of the division of capital asset management and maintenance and any higher education facilities subject to the department of higher education. Contracts authorized under this section shall: (i) be limited to job orders estimated to cost not more than $1,000,000 each; (ii) have a maximum term of 2 years; and (iii) be procured through the procedures specified in section 39M of chapter 30, except that: (A) the amount of the bid deposit shall be $5,000; (B) a contractor who is awarded a job order under a job order contract shall be certified by the division for the category of work specified in the contract; and (C) the amount 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.

(e) Not later than February 1 and July 1 of each year, the commissioner shall biannually prepare and submit a report on the job order contract program to the chairs of the joint committee on state administration and regulatory oversight. The report shall include an analysis of the cost effectiveness of job order contracting and any other public benefits resulting from job order contracts."

Budget Amendment ID: FY2021-S4-36

GOV 36

Sickleave buyback

Mr. Tran moved that the proposed new text be amended by inserting after section _ the following new sections:-

SECTION _. Section 31A of chapter 29 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following 2 subsections:- (e) No employee of the commonwealth shall accrue more than 1,000 hours of unused sick leave credits. (f) No employee of a public institution of higher education listed in section 5 of chapter 15A shall accrue more than 1,000 hours of unused sick leave credits.

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

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

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

Budget Amendment ID: FY2021-S4-38

GOV 38

Sales Tax Modernization 3 - Phase 2

Mr. Fattman moved that the proposed new text be amended by inserting after section 19, the following sections:-

SECTION X. Said chapter 62C is hereby further amended by inserting after section 16B the following section:-

Section 16C. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

"Third party payment processor", any person engaged in the business of remitting payments to vendors or operators under chapters 64G, 64H, 64I, 64L or 64N, in association with credit card, debit card or similar payment arrangements that compensate the vendor or operator in transactions subject to the excise under said chapters.

"Vendor or operator", a business that is obliged to file a return under section 16; provided that businesses with gross sales below a certain threshold, to be set by the commissioner in regulation, shall not be a "vendor or operator" if the business notifies a third party payment processor in writing that it is exempt from the provisions of this section.

(b) Any vendor or operator shall, in connection with seeking payments from or through a third party payment processor, separately identify tax amounts charged in association with the excise under chapters 64G, 64H, 64I, 64L or 64N and non-tax amounts for which payment is sought. Such separate identification shall be conducted in a manner approved by the commissioner, taking into account established industry practices to the extent practicable.

(c) A third party payment processor receiving a request for payment from a vendor or operator shall directly pay the identified tax portion of such request to the commissioner on a daily basis, at substantially the same time that any non-tax balance is paid to the vendor or operator.

(d) A third party payment processor shall report total payments made to the commissioner on a monthly return, in a manner provided by the commissioner, which return shall identify each vendor or operator to whom payments were made during the month and the amount of tax paid to the commissioner during the month in association with transactions with each such vendor or operator during that period.

(e) A third party payment processor shall report to each vendor or operator on a monthly basis, in a manner provided by the commissioner, the total tax remitted to the commissioner with respect to transactions of the particular vendor or operator during the monthly period.

(f) Tax amounts paid to the commissioner by a third party payment processor in association with the processing of transactions of a particular vendor or operator during the month shall be available as a credit to the vendor or operator in the filing of returns showing tax due under chapters 64G, 64H, 64I, 64L or 64N, as applicable.

And moves to further amend the bill by inserting after section 57, the following section:-

SECTION Y. Section X shall take effect on July 1, 2024.

Budget Amendment ID: FY2021-S4-40

GOV 40

Job Order Contracting (JOC)

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

SECTION X. Chapter 7C of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context clearly indicates otherwise:-

"Maintenance", day-to-day routine, normally recurring, repairs, equipment adjustments and upkeep.

Budget Amendment ID: FY2021-S4-41

GOV 41

Maintenance Service Contracts

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

SECTION X. The fourth paragraph of subsection (a) of section 39M of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in line 64, the words “, maintenance”.

SECTION X. Section 51 of said chapter 30, as so appearing, is hereby amended by inserting, in line 1, after the word “services”, the following words:- which shall include maintenance services to a facility or system and replacement of equipment within existing systems as part of a periodic maintenance contract,.

SECTION X. Section 52 of said chapter 30, as so appearing, is hereby amended by inserting, in line 1, after the word “services”, the following words:- which shall include maintenance services to a facility or system and replacement of equipment within existing systems as part of a periodic maintenance contract,.

SECTION X. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, each time it appears, in lines 48, 60, 99, 111, and lines 136 and 137, the word “, maintenance”.

SECTION X. Subsection (a) of section 44A½ of said chapter 149, as so appearing, is hereby amended by striking out, in line 6, the word “, maintenance”.

Budget Amendment ID: FY2021-S4-43

GOV 43

EMS Leave Without Loss of Pay

Messrs. Rush and Timilty moved that the proposed new text be amended in section 3, by inserting at the end thereof the following new section:-

SECTION XX Section 1. Section 111M of chapter 41, is hereby amended by striking every occurrence of the phrase “city or town or fire or water district” and inserting in place thereof the following phrase “city or town or political subdivision thereof, including the Boston Public Health Commission, or fire or water district”.

Section 2. Section 111N of chapter 41, is hereby amended by striking every occurrence of the phrase “city or town” and inserting in place thereof the following phrase “city or town, including political subdivisions thereof, including the Boston Public Health Commission, and fire or water districts”.

Budget Amendment ID: FY2021-S4-44

GOV 44

Veterans’ Buyback

Mr. Rush, Ms. Gobi, Messrs. O'Connor, Timilty, Pacheco and Velis and Ms. Comerford moved that the proposed new text be amended in section 3, by inserting at the end thereof the following new section:-

SECTION XX Section 1. Section 3 of chapter 71 of the acts of 1996, as most recently amended by chapter 468 of the acts of 2002, is hereby amended by striking the second paragraph.

Section 2. Paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in line 148 after the words “shall be” the following words: “provided written notice by the retirement board upon entry into service that they are”.

Section 3. Said paragraph (h) of subdivision (1) of section 4 of said chapter 32, as appearing in the 2016 Official Edition, is hereby further amended by inserting in line 151 after the word “member” the following words: “, prior to or within one year of vesting under the provisions of this chapter,”.

Section 4. Notwithstanding any general or special law to the contrary, any member of a retirement system, who is a member in service and a veteran, who failed to make the purchase authorized in paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws within the required 180 days pursuant to chapter 71 of the Act of 1996 as amended shall be given one opportunity within 1 year from the effective date of this act to apply to their retirement system to make said purchase. No additional opportunities to purchase this service shall be allowed. Retirement systems shall provide written notice to all members in service of their potential eligibility for this purchase within 90 days of the effective date of this act.

Budget Amendment ID: FY2021-S4-48-R1

Redraft GOV 48

Tax Relief for COVID-19 Impacts

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

"SECTION XX. There is hereby established for the taxable years 2020 and 2021 a 2019 Novel Coronavirus impacts tax credit, the purpose of which shall be to provide relief for extraordinary costs incurred by filers in response to the 2019 Novel Coronavirus pandemic. The amount of such credit shall be $1,000 and the aggregate amount of such credit shall not exceed $5,000,000 in any year. Said credit shall be available to reduce the amount of income tax owed, and shall be implemented pursuant to regulations promulgated by the department of revenue. Said regulations shall prescribe specific expenses eligible for the credit, including but not limited to the costs personal protective equipment, sanitization, and remote employment and learning, and any such cost claimed shall be itemized in a form prescribed by the department.

Such credit shall be available only in the tax year in which the claimed expenses are incurred, and no part of any credit may be carried forward to a subsequent tax year".

Budget Amendment ID: FY2021-S4-48

GOV 48

Tax Relief for COVID-19 Impacts

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

"SECTION_. There is hereby established for the taxable years 2020 and 2021 a 2019 Novel Coronavirus impacts tax credit, the purpose of which shall be to provide relief for extraordinary costs incurred by filers in response to the 2019 Novel Coronavirus pandemic. The amount of such credit shall be $1,000 and the aggregate amount of such credit shall not exceed $10,000,000 in any year. Said credit shall be available to reduce the amount of income tax owed, and shall be implemented pursuant to regulations promulgated by the department of revenue. Said regulations shall prescribe specific expenses eligible for the credit, including but not limited to the costs personal protective equipment, sanitization, and remote employment and learning, and any such cost claimed shall be itemized in a form prescribed by the department.

Such credit shall be available only in the tax year in which the claimed expenses are incurred, and no part of any credit may be carried forward to a subsequent tax year".