Other Amendments

Budget Amendment ID: FY2021-S4-51

OTH 51

Point of Settlement Sales Tax Modernization

Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended by adding the following new sections:-

SECTION XX. 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 $10,000,000, or such higher 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.

SECTION XX. Section XX shall take effect on July 1, 2023.

Budget Amendment ID: FY2021-S4-51-R1

Redraft OTH 51

Point of Settlement Sales Tax Modernization

Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended by adding the following new sections:-

SECTION XX. 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:-

(g) Notwithstanding any general or special law or anything contained herein to the contrary, swipe fees charged for credit card, debit card or similar payment arrangements shall not be increased due to the implementation of this section. The commissioner is authorized to promulgate rules and regulations for the effective implementation of this section.

SECTION XX. Section XX shall take effect on July 1, 2023.

Budget Amendment ID: FY2021-S4-53

OTH 53

TNC Fees

Messrs. Boncore and Crighton, Ms. Rausch, Ms. Chang-Diaz, Ms. Moran and Mr. Kennedy moved that the proposed new text be amended by inserting at the end thereof the following new section:-

SECTION XX:

SECTION 1. Section 8 of Chapter 187 of the Acts of 2016 is hereby amended by striking (b) and replacing with the following section:

(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division established in section 23 of chapter 25 the number of rides from the previous calendar year that originated in each city or town and the amount collected from rider-assessments. Not later than June 30, the director shall post on the division’s website the aggregate number of rides from the previous calendar year originating within each city or town. A rider-assessment shall be charged as follows:

(i)Three percent of net rider fares for a pooled ride, as defined in section 1 of chapter 159A1/2..

(ii) Seven percent of the net rider fare for a pre-arranged ride other than a ride described in (i).

(iii). An additional three percent of the net rider fare for a pre-arranged ride described in (ii) that is initiated Monday through Friday, inclusive, between the hours of 7:00 A.M and 9 A.M, inclusive, or 4 P.M and 6 P.M, inclusive,.

(iv) The cost of any rider-assessment to be charged to the passenger shall be clearly and conspicuously displayed to a passenger prior to initiation of the ride.

SECTION 2. Section 1 of Mass General Laws Chapter 159A½ is amended by adding the following definitions:

“Pooled ride”, a for-hire transportation trip, in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network to share the ride with one or more passengers, that separately request transportation and are each charged the same predetermined amount per ride, or are billed independently for a ride in an amount that is proportionate to the transportation they receive, regardless of whether the passenger actually shares all or part of the ride.

“For-Hire Transportation Trip”, a ride in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network as a single passenger between points chosen by the passenger, regardless of the number of stops. This shall not include transportation provided by, or pursuant to a contract with a state agency or an institution.

SECTION 3. Section 2 of Chapter 159A½ as appearing in the 2016 Official Edition, is amended as follows:

(d) A transportation network company shall provide clear and conspicuous transportation fare estimates to riders at all times, including during surge pricing, high volume and demand times. Fare estimates shall include a clear rate estimate or the amount of price increase resulting from surge pricing or increased demand and shall show the price difference between the cost of a pooled ride and a single-occupancy ride.

SECTION 4. Section 8 of Chapter 187 of the Acts of 2016 by striking out subsection (c)

and inserting in place thereof the following new subsection:-

fund to a city or town based on the number of rides from the previous calendar year that

originated within that city or town which shall be expended by said city or town to address the impact of transportation network services on

municipal roads, bridges, and transportation infrastructure or to otherwise alleviate congestion or improve transportation options, including pedestrian infrastructure, bicycle infrastructure, water transportation,

public transit or other public purpose substantially related to transportation including, but not

limited to, the complete streets program established in section 1 of chapter 90I of the General

Laws and other programs that support alternative modes of transportation; and (ii) distribute 75 per cent

of the amount collected to the Commonwealth Transportation Fund established in section 2ZZZ

of chapter 29 of the General laws.

SECTION 5: Section 2 of said chapter 159A½, as so appearing, is hereby amended by striking out

subsection (e) and inserting in place thereof the following new subsection:-

(e) A transportation network company and driver shall not, unless approved to do so by the division, raise base fares, impose additional charges or otherwise increase the price that a rider is charged for transportation network services, including by imposing surge pricing or other formulas based on increased demand, during a federal or a governor-declared state of emergency.

SECTION 6. Sections 9, 10, 17 and 18 of chapter 187 of the acts of 2016 are hereby repealed.

Budget Amendment ID: FY2021-S4-53-R1

Redraft OTH 53

TNC Fees

Messrs. Boncore and Crighton, Ms. Rausch, Ms. Chang-Diaz, Ms. Moran, Messrs. Kennedy and Collins moved that the proposed new text be amended by inserting after Section 30 the following 2 sections:-

“SECTION 30A. Section 1 of chapter 159A½, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Division” the following 2 definitions:

“For-hire transportation trip”, a ride, in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network as a single passenger between points chosen by the passenger, regardless of the number of stops; provided, however, that “for-hire transportation trip” shall not include transportation provided by, or pursuant to a contract with, a state agency or an institution.

“Pooled ride”, a for-hire transportation trip in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network to share the ride with 1 or more passengers that separately request transportation and are each charged the same predetermined amount per ride or are billed independently for a ride in an amount that is proportionate to the transportation they receive, regardless of whether the passenger actually shares all or part of the ride.

SECTION 30B. Section 2 of said chapter 159A½, as so appearing, is hereby amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:-

by inserting after section 40 the following 3 sections:-

SECTION 40A. Section 8 of chapter 187 of the acts of 2016 is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following 2 subsections:-

(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division established in section 23 of chapter 25 of the General Laws the number of rides from the previous calendar year that originated in each city or town and the amount collected from rider assessments. Annually, not later than June 30, the director shall post on the division’s website the aggregate number of rides from the previous calendar year originating within each city or town.

A rider assessment shall be charged as follows:

(i) three per cent of net rider fares for a pooled ride, as defined in said section 1 of said chapter 159A1/2;

(ii) seven per cent of the net rider fare for a non-pooled ride, as defined in said section 1 of said chapter 159A1/2;

(iii) three per cent of the net rider fare for a pre-arranged ride that is provided by a zero- emission vehicle; and

(iv) an additional 3 per cent of the net rider fare for a pre-arranged ride described in clause (ii) that is initiated Monday to Friday, inclusive, between the hours of 7:00 a.m. and 9 a.m, inclusive, or 4 p.m. and 6 p.m, inclusive.

The cost of any rider assessment charged to the passenger shall be clearly and conspicuously displayed to a passenger prior to initiation of the ride.

(c) The division shall: (i) proportionately distribute 25 per cent of the amount received from the fund to a city or town based on the number of rides from the previous calendar year that

originated within that city or town that shall be expended by the city or town to address the impact of transportation network services on municipal roads, bridges and transportation infrastructure or to otherwise alleviate congestion or improve transportation options, including pedestrian infrastructure, bicycle infrastructure, water transportation, public transit or other public purpose substantially related to transportation including, but not limited to, the complete streets program established in section 1 of chapter 90I of the General Laws and other programs that support alternative modes of transportation; and (ii) distribute 75 per cent of the amount collected to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws.

SECTION 40B. Clause (iii) of subsection (b) of said section 8 of said chapter 187 is hereby repealed.

SECTION 40C. Sections 9, 10, 17 and 18 of said chapter 187 are hereby repealed”; and by inserting after section 57 the following section:-

“SECTION 57A. Section 40B shall take effect on July 31, 2024”.

Budget Amendment ID: FY2021-S4-55

OTH 55

Provisional licensure for speech-language pathologists

Mr. Brady moved that the proposed new text be amended by adding the following new sections:

SECTION XX. Chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after section 144A, the following section:-

Section 144B. (a) The board shall issue a provisional license as a speech-language pathologist to each applicant who meets the requirements set forth in this section. It shall issue the provisional license to each person so licensed, which shall be conclusive evidence of the right of such person to practice for a period of supervised professional practice in the area in which a license under section 144 is being sought and required by the national certifying body for speech-language pathology. The provisional license shall be valid for no longer than the period of supervised professional practice.

(b) To be eligible for license by the board as a speech-language pathologist, an applicant shall:

(1) be of good moral character; and

(2) possess at a minimum (a) a bachelor’s degree or its equivalent and (b) a master’s degree or its equivalent in the area of speech-language pathology granted by an educational institution which incorporates academic course work and the minimum hours of supervised training required by the national certifying body for speech-language pathology.

(c) The applicant for the provisional license as a speech-language pathologist shall apply to the board in writing on an application form prescribed and furnished by the board. At the time of filing the application, an applicant for a provisional license shall pay to the board a fee which shall be set by the secretary of administration and finance.

SECTION XX. Section 146 of said chapter 112is hereby amended by inserting in line 3, after the words “ section 144”, the following words:- or section 144B,.

SECTION XX. Said section 146 of said chapter 112 is hereby amended by inserting in line 9, after the words “section 144” the following words:- or section 144B,.

SECTION XX. Notwithstanding any general or special law, or rule or regulation to the contrary, insurance companies shall accept the provisional license of a speech-language pathologist as a full license for the purpose of credentialing clinicians.

Budget Amendment ID: FY2021-S4-58

OTH 58

Resolution Trust Fund for receipt of reasonable mortgage payments

Mr. Brady moved that the proposed new text be amended by adding the following new section:—

SECTION XX. The General Court hereby declares and finds that because changes in financial industry practice as to predatory lending have significantly decapitalized the commonwealth, reduced the tax base of Massachusetts communities, detrimentally affected Massachusetts residents as consumers of predatory mortgage loan products, and made the chain of title of many mortgages of real property untraceable, it is in the interest of the commonwealth to establish a publicly owned and administered fund authorized to receive assets and monies, including residential mortgages where the mortgagee and/or note-owner cannot be ascertained, and to discharge related functions to help rebuild our economy and municipal tax base, especially in the neighborhoods most affected by predatory lending and concomitant foreclosure.

SECTION XX. For the purposes of this Act, the following terms shall have the following meanings:

“Mortgagee” or “mortgage holder”, a person who has invested funds or other consideration to hold legal title to real property upon which a mortgage is granted, and who is named as such in the mortgage or any assignment thereof.

“Mortgagee of Record”, a “mortgagee” or “mortgage holder” so identified in an instrument that thereafter was recorded.

“Mortgage Note”, a promissory note, signed by the mortgagor, promising to pay the lender, or any successor who is entitled to enforce the mortgage note as note-owner or on behalf of the note-owner, and specifying the requirements for the repayment of the debt including the amount, interest and charges.

“Note Owner”, the lender or a transferee of the note, who is entitled to receive payments under and to enforce the note.

SECTION XX. Chapter 40H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 4 the following section:

Section XX A. (a) CEDAC shall establish a Resolution Trust Fund, hereinafter “the Fund”, which is hereby authorized to receive transfers of mortgage loans and payments made on such loans, as to which the current mortgagee and/or note-owner cannot be identified; monies including those appropriated from the general fund or paid into the Fund by bequest or otherwise; targeted funding streams through the Massachusetts state government; and monies that a court or an agency in receipt of settlement funds designates for payment into the Fund. The Fund will be established in accordance with the requirements defined in subsection (a) of section 2A.

(b) The Fund may accept any mortgage loan for which the documentation produced in a legal procedure, such as court action; in an administrative action including a qualified written request; in a legally required mediation or negotiation; or otherwise, evidences that it is not as evidenced as not being owned by the mortgagee of record in the appropriate registry of deeds, or for which the claimed note-owner has not produced required original source documents demonstrating present legal noteowner status.

(d) A court or other entity transferring such a mortgage to the Fund shall, if it has jurisdiction to do so, modify these payments to the extent necessary to obtain compliance with traditional prime lending characteristics including, but not limited to, a principal of not more than 80 percent of the present day value of the home, prime lending rates, fixed payment schedules, standard underwriting criteria, no prepayment penalties, and no balloon payments.

(e) If any mortgage payments transferred to the Fund are or might be predatory and have not been modified accordingly before transfer, the Fund shall immediately request a determination of traditional prime lending characteristics for such payments from the division of banks or another appropriate state agency, and modify mortgage characteristics according to subsection (d).

(f) To the extent possible, any mortgage loan transferred pursuant to this Act shall be accompanied by the loan collateral file, servicer file; onboarding or intake sheet(s) or screenshot(s); transaction and payment history; the original wet ink note with all allonges attached in their present condition, or a court determination that the note has been lost or a certified copy thereof; all off-record assignments or certified copies thereof; the founding documents of any securitized trust, limited liability corporation or other entity in the chain of title; and any documents associated with the loan from its document custodian or claimed holder of the mortgage or associated claimed note-owner.

(g) When mortgages are transferred to the Fund, within twenty (20) days of each such transfer the Fund shall record in the appropriate registry of deeds, at its own cost, a certified copy of the document(s) evidencing the transfer.

(h) Within thirty (30) days of the transfer of a mortgage loan payments, the Fund shall notify each mortgagor of the periodic payment to be made to the Fund, with any modified mortgage loan characteristics, including present principal, interest rate, monthly payment, amortization schedule, escrowing of taxes and insurance, payment requirements and authorized payee contact information.

(i) The Fund shall establish an escrow account and pay applicable real estate taxes and other costs out of mortgage payments transferred to it and shall otherwise service the loan.

(j) The Fund may retain up to fifteen (15) percent of all mortgage payments transferred to it and expend such amounts to defray administrative overhead. Any excess over the amounts required to administer the Fund for a given fiscal year shall be invested prudently, with the income thereof being paid into the Fund.

(k) In case of the dissolution of the Fund, any balance of such administrative overhead remaining shall inure to the General Fund.

(l) If a homeowner whose mortgage payments have been transferred to the Fund becomes delinquent, the Fund shall make every effort to assist the family to stay in its home. If the homeowner nonetheless defaults, and cure is not feasible, the Fund may accelerate the maturity of the remaining principal balance and foreclose by court action in the name of the commonwealth pursuant to section 1 of chapter 244 of the General Laws.

(m) Any sale of a property after such a foreclosure shall convey title in fee simple from the commonwealth to the purchaser. The proceeds of any such sale shall, after subtracting any legally required distribution of proceeds and costs, including costs of recordation in the appropriate registry of deeds, be credited to the Fund.

(n) When a mortgagor completes payments of such a mortgage loan transferred to the Fund, the Fund shall provide a discharge of the mortgage, and record this at its expense within thirty (30) days of payoff in the appropriate registry of deeds.

(o) CEDAC shall appoint a director to administer the Fund through CEDAC and under criteria that it shall establish promptly by regulation pursuant to this Act

(p) CEDAC shall ensure that the Fund is invested prudently.

(q) At the close of each fiscal year, the Fund shall determine the number of “Eaton” or section 35C of chapter 244 affidavits filed with each registry of deeds in the previous five calendar years.

(r) Monies beyond administrative expenses, that the Fund receives by appropriation or otherwise, which that are not attributable to a given county or former county (herein, “county”) in accordance with the provisions of this act, and interest on any monies invested on the Fund’s behalf, shall be allocated to the general fund for the 3 years after the end of the Governor’s Covid-19 emergency declaration.

(s) Monies, beyond administrative expenses, that the Fund receives by appropriation or otherwise that are not attributable to a given county or former county (herein, “county”), and interest on any monies invested on the Fund’s behalf, shall be allocated (herein, “allocated monies”) among the counties at the close of each fiscal year according to the proportion of Eaton affidavits filed with the appropriate registry of deeds in the previous five calendar years.

(t) When payments to the Fund from a given county plus any allocated monies equal at least $300,000, the CEDAC, in consultation with community agencies in the county, shall hold a hearing within that county for public input into the distribution within that county of the funds and the purposes, including affordable housing, for which CEDAC will expend them. Preference shall be given to areas or neighborhoods with the highest proportions of Eaton affidavits filed in the appropriate registry of deeds during the previous five years. CEDAC shall publicize each such hearing widely through community agencies and relevant members of the general court as well as by means of the media in the county in which the hearing is to be held.

(u) CEDAC shall by regulation establish a point system for potential projects, based upon public input; announce a request for proposals; review and rank such proposals; award contracts accordingly; and require an annual accounting of the funds distributed for each such project with a specification of the results obtained.

(v) Once the revenue to the Fund from a city or a cluster of up to 5 towns has reached an income threshold of $100,000 in a year, a local hearing will be held upon request and funds distributed similarly to subsection (c) and (d). The Fund will be established in accordance with the requirements defined in subsection (a) of section 2A.

(w) The director of the Fund shall file an annual report on December 15 with the speaker of the house of representatives, the president of the senate, and the chairs of the house and senate joint committees on ways and means, housing, community development and small business, and insurance and financial services, providing an accounting of the Fund’s monies expended, including their regional distribution, the usage of those monies, a description of the respective projects’ funding, and their impact on affordable housing and community development.

Budget Amendment ID: FY2021-S4-68

OTH 68

Emergency Relief and Immediate Commonwealth Assistance Trust

Ms. Gobi, Messrs. O'Connor, Brady, Timilty, Velis and Fattman moved that the proposed new text be amended by adding at the end thereof, the following section:

SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2HHHHH, inserted by section 4 of chapter 142 of the acts of 2019, the following section:-

Section 2IIIII. (a) There shall be an Emergency Relief and Immediate Commonwealth Assistance Trust, which shall be administered by the Massachusetts emergency management agency. Monies in the trust shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the trust and with the requirement that all amounts on deposit be available for immediate use.

(b) There shall be credited to the trust: any unexpended funds from item 8800-0001, which shall not revert to the General Fund or any other fund but instead shall be transferred to the trust; other funds appropriated or transferred to the trust by the general court; and all interest earned on monies in the trust.

(c) Expenditures from the trust shall not be subject to appropriation and balances remaining in the trust at the end of a fiscal year shall not revert to the General Fund; provided, that expenditures from the trust shall be made for state or local response efforts to natural disasters or emergency incidents determined at the discretion of the director of the agency; and provided further, that expenditures shall not be used to supplant recurring operational costs of the agency funded through the general appropriations act.

(d) Subject to the approval of the secretary of public safety and security in consultation with the secretary of administration and finance, the agency may incur liabilities and make expenditures in excess of funds available and the state comptroller may certify for payment invoices in excess of funds available to the agency; provided, that the agency must cite a state of emergency declaration upon its request to incur liabilities and make expenditures in excess of funds available; and provided further, that the negative balance of funds available shall not exceed $5,000,000 at any time during the fiscal year; provided further that no expenditure shall be made from the trust which shall cause the trust to be in deficit at the close of a fiscal year.

(e) Not later than June 1 of each fiscal year, the agency shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means, which shall include the trust’s balance at the start of the current fiscal year, any transfers of funds to and from the trust during the fiscal year, any revenue deposited into the trust, an itemized description of expenditures by disaster or incident during the fiscal year, a projected balance in the trust for the end of the fiscal year, and any request for supplemental appropriations to eliminate any negative balance projected for the trust at the end of the fiscal year.

Budget Amendment ID: FY2021-S4-72

OTH 72

Sales Tax Modernization

Ms. Lovely and Mr. Tran moved that the proposed new text be amended by striking out Section 19 and inserting in place thereof the following section:-

SECTION 19. Said chapter 62C is hereby further amended by inserting after section 16A the following section:-

Section 16B. Notwithstanding the due date of the return as set forth in section 16 or the payment date as set forth in section 32 or any other general or special law to the contrary, a payment of tax shall be made in advance of the filing of the return required under subsection (g) of said section 16 or subsection (h) of said section 16 not later than the twenty-fifth day of the last month of the filing period; provided, however, that such payment shall include either (i) the tax collected for any taxable sale made during the days in the filing period occurring on or before the twenty-first day of the last month of the filing period, or (ii) a minimum of 75% of the liability for the same calendar month of the preceding year; provided further, that this section shall not apply to operators whose cumulative room occupancy excise liability in the immediately preceding calendar year with respect to returns filed under said subsection (g) of said section 16 is not more than $150,000; provided further, that this section shall not apply to vendors whose cumulative sales tax liability in the immediately preceding calendar year with respect to returns filed under said subsection (h) of said section 16 is not more than $150,000; and provided further, that tax collected for any taxable sale made during the remaining days of the filing period for which tax was not previously remitted shall be remitted at the time the return for that filing period is required to be filed. Any advance payment shall be credited against the actual tax liability due on the return required for the period; provided further, that any portion of an advance payment that exceeds the actual tax liability for the month in which the liability occurred shall be allowed as a credit for the amount of tax overpaid and shall be immediately available for credit against a future tax liability of the operator or shall be refunded to the operator.

A penalty of 5 per cent of the amount of an underpayment shall be imposed, unless such underpayment is due to a reasonable cause; provided, however, that such penalty shall not be imposed if the payment made on or before the date prescribed under this section is not less than 70 per cent of the total tax collected during the filing period. For the purposes of this paragraph, the term “underpayment” shall mean the excess of the amount of the payment required under this section over the amount, if any, paid on or before the date prescribed therefor.

The department shall issue regulations and guidance necessary to implement this section.

Budget Amendment ID: FY2021-S4-73

OTH 73

Barnstable County Unfunded Pension

Ms. Moran and Mr. Cyr moved that the proposed new text be amended by inserting after section___ the following section: -

SECTION XX. Chapter 64D of the General Laws, as appearing in the 2014 official edition, is hereby amended by inserting the following new section:

Section 11A. There shall be established upon the books of Barnstable county, being a county of a transferred sheriff, the government of which county has not been abolished by chapter 34B or other law, a fund, maintained separate and apart from all other funds and accounts of each county, to be known as the Deeds Excise Fund.

[Second paragraph effective until July 1, 2014. For text effective July 1, 2024 see below.]

Notwithstanding any general or special law to the contrary, in Barnstable County, in any year in which its minimum obligation to fund from its own revenues the operation of the sheriff’s office is insufficient to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office, as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement association and their actuary and the county treasurer, beginning in fiscal year 2020, the county shall retain and shall transfer to the Deeds Excise Fund in which it shall be held separate and apart from all other funds and from which it shall be appropriated solely for this purpose, an amount of the State deeds excise collected in that county necessary as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement associations and their actuary and the county treasurer to meet its annual retirement assessment, which shall include the county’s required maintenance of effort for the fiscal year and to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office until the minimum obligation is sufficient or until the county has paid such unfunded liability in full.

[Third paragraph effective July 1, 2024. For text effective until July 1, 2024 see above.]

Notwithstanding any general or special law to the contrary, in Barnstable county, in any year in which its minimum obligation to fund from its own revenues the operation of the sheriff’s office is insufficient to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office, as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement association and their actuary and the county treasurer, beginning in fiscal year 2020, the county shall retain and shall transfer to the Deeds Excise Fund in which it shall be held separate and apart from all other funds and from which it shall be appropriated solely for this purpose, an amount of the State deeds excise collected in that county necessary as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement associations and their actuary and the county treasurer to meet its annual retirement assessment, which shall include the county’s required maintenance of effort for the fiscal year plus an additional 10 percent of the combined maintenance of effort for fiscal year 2010 to fiscal year 2019 and to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office until the minimum obligation is sufficient or until the county has paid such unfunded liability in full.

Budget Amendment ID: FY2021-S4-77

OTH 77

Relative to Elections

Ms. Creem and Ms. Moran moved that the proposed new text be amended by inserting after section ____the following section: -

"SECTION ____. (a) For any annual or special municipal or state election held on or before June 30, 2021 any person taking precaution related to COVID-19 in response to a declared state of emergency or from guidance from a medical professional, local or state health official, or any civil authority shall be deemed to be unable by reason of physical disability to cast their vote in person at a polling location.

(b) Notwithstanding sections 26 and 28 of chapter 51 of the General Laws or any other general or special law to the contrary, the last day to register to vote for any annual or special municipal or state election held on or before June 30, 2021 shall be 10 days before the date of such election; provided, however, that the board of registrars shall hold a registration session on that date not less than from 2:00 PM to 4:00 PM and from 7:00 PM to 8:00 PM. The voting list to be used for any such election shall include all eligible voters registered as of that date.

(c) Notwithstanding any other general or special law to the contrary, subsection (c) of section 91B of chapter 54 of the General Laws shall apply to voters who have been instructed by a medical professional or a local or state health official to self-quarantine in their home beginning after noon on the seventh day before any annual or special municipal or state election held on or before June 30, 2021.

(d) Notwithstanding section 25B of chapter 54 of the General Laws or any other general or special law to the contrary, any eligible voter may vote early by mail or vote early in person as prescribed herein for any annual or special municipal or state election held on or before June 30, 2021.

(e) Any qualified voter wanting to early vote by mail may file with their local election official an application for an early voting ballot. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. Local election officials shall send early voting by mail ballots to those who have applied as soon as ballots are available. No application shall be deemed to be seasonably filed unless it is received in the office of the local election official before noon on the last business day before the date on which the rescheduled election is held.

(f) Local election officials may substitute absentee ballots for early voting ballots for those voters requesting to vote early by mail in municipal elections. An early voting ballot or absentee ballot substituted for an early voting ballot, along with an envelope bearing an affidavit as set forth in section 25B of chapter 54 of the General Laws, shall be provided to each qualified voter who participates in early voting by mail.

(g) The local election officials shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters “EV” designating an early voter.

(h) The counting of early voting ballots shall be consistent with section 25B of chapter 54 of the General Laws and implemented regulations to the extent practicable. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots.

(i) The voting period for in person early voting shall run from the eleventh business day preceding the election until the close of business on the business day preceding the business day before the election; provided, however, that if the eleventh business day before the election falls on a legal holiday the early voting period shall begin on the first business day prior to the legal holiday. The voting period for early voting by mail shall begin as soon as all necessary early voting materials have been received by the local election official pursuant to subsection (h). A city or town may, in its discretion, provide for additional early voting days beyond those required by this paragraph.

(j)(1) A voter in receipt of an early voting ballot for any election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(2) All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box as provided by this section shall be received by the city or town clerk before the hour fixed for closing the polls on the day of the election; provided, however, that an early voting ballot that is mailed on or before the day of the election and received not more than 5 business days after the day of the election shall be processed in accordance with the second paragraph of section 95 of chapter 54 of the General Laws. A postmark, if legible, shall be evidence of the time of mailing.

(k)(1) Each city and town shall establish an early voting site that shall include the election office for the city or town; provided, however, that if the city or town determines that the office is unavailable or unsuitable for early voting the registrars of each city or town shall identify and provide for an alternative centrally-located, suitable and convenient public building within that city or town as an early voting site. A city or town may also provide for additional early voting at the discretion of the registrars for that city or town. Each early voting site shall be accessible to persons with disabilities in accordance with federal law.

(2) The designation of early voting sites shall be conspicuously posted not less than 10 days prior to the date of commencement of early in person voting: (i) in the office of the city or town clerk or on the principal official bulletin board of each city or town; (ii) on any other public building considered necessary; (iii) on the city or town’s website, if any; and (iv) on the website of the state secretary.

(l) A qualified voter voting early in person shall be provided with a ballot and an envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter. A qualified voter voting early in person shall complete an affidavit under the regulations promulgated pursuant to this act, which shall include a notice of penalties under section 26 of chapter 56 of the General Laws.

(m) Prior to the beginning of early voting, the registrars for each city or town shall prepare a list for the early voting sites, containing the names and residences of all persons qualified to vote at each voting site, as the names and residences appear upon the annual register, and shall reasonably transmit the applicable list to the election officers at each early voting site designated by the registrars.

(n) The registrars shall prepare lists of all voters casting ballots pursuant to this section or section 6 during the early voting period and update the voter list in a manner prescribed by the state secretary.

(o) A city or town may opt to detail a sufficient number of police officers or constables for each early voting site for the primary election at the expense of the city or town to preserve order, protect the election officers and supervisors from any interference with their duties and aid in enforcing the laws relating to elections.

(p) Notwithstanding section 24 of chapter 54 of the General Laws or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the election at least 20 days prior to the date of the election if it is determined that the public convenience or public health would be better served. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality, if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein. In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served. In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate adverse impact on access to the polls on the basis of race, national origin, disability, income or age, and not later than 3 days prior to changing a polling place, shall make publicly available on its website and at the office of the town or city clerk a report on its evaluation. When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call.

(q) Notwithstanding section 29 of chapter 53 of the General Laws and sections 11, 11B, 12 and 13 of chapter 54 of the General Laws or any other general or special law to the contrary, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers, then the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the position of the warden, clerk or inspector, or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54.

(r) Notwithstanding sections 67 and 83 of chapter 54 of the General Laws or any other general or special law to the contrary, the city or town clerk may eliminate the requirement that a voter provide their name or residence to an election officer at the ballot box and that the election officer mark the name off a voting list before the voter may deposit the ballot in the ballot box.

Budget Amendment ID: FY2021-S4-77-R1

Redraft OTH 77

Relative to Elections

Ms. Creem and Ms. Moran moved that the proposed new text be amended by inserting after Section 40 the following section:-

“SECTION 40A. (a) For any annual or special municipal or state primary or election held on or before June 30, 2021, any person taking precautions related to COVID-19 in response to a declared state of emergency or guidance from a medical professional, local or state health official or any civil authority shall be deemed to be unable to cast their vote in person at a polling location by reason of physical disability.

(b) Notwithstanding any general or special law to the contrary, subsection (c) of section 91B of chapter 54 of the General Laws shall apply to voters who have been instructed by a medical professional or a local or state health official to self-quarantine in their home beginning after noon on the seventh day before any annual or special municipal or state primary or election held on or before June 30, 2021 and such voters may designate their home address for delivery of the ballot.

(c) Notwithstanding section 25B of said chapter 54 or any other general or special law to the contrary, any eligible voter may vote early by mail or as prescribed herein for any annual or special municipal or state primary or election held on or before June 30, 2021.

(d) Any qualified voter wanting to early vote by mail may file with their local election official an application for an early voting ballot. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. Local election officials shall send early voting by mail ballots to those who have applied as soon as ballots are available. No application shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 p.m. on the fourth business day before the date on which the election is held.

(e) Local election officials may substitute absentee ballots for early voting ballots for those voters requesting to vote early by mail in municipal elections. An early voting ballot or absentee ballot substituted for an early voting ballot, along with an envelope bearing an affidavit as set forth in said section 25B of said chapter 54, shall be provided to each qualified voter who participates in early voting by mail.

(f) The local election officials shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters “EV” designating an early voter.

(g) The counting of early voting ballots shall be consistent with said section 25B of said chapter 54 and related regulations to the extent practicable. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots.

(h)(1) A voter in receipt of an early voting ballot for any election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(i) Notwithstanding section 24 of said chapter 54 or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the election not less than 20 days prior to the date of the election if it is determined that the public convenience or public health would be better served. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein. In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served. In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate, adverse impact on access to the polls on the basis of race, national origin, disability, income or age and, not later than 3 days prior to changing a polling place, shall make publicly available on its website and at the office of the town or city clerk a report on its evaluation. When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call.

(j) Notwithstanding section 29 of chapter 53 of the General Laws, sections 11, 11B, 12 and 13 of said chapter 54 or any other general or special law to the contrary, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers, then the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the position of the warden, clerk or inspector or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54.

(k) Notwithstanding sections 67 and 83 of said chapter 54 or any other general or special law to the contrary, the city or town clerk may eliminate the requirement that a voter provide their name or residence to an election officer at the ballot box and that the election officer mark the name off a voting list before the voter may deposit the ballot in the ballot box.”.

Budget Amendment ID: FY2021-S4-85

OTH 85

Maintaining Stable Housing for Families with Pets in an Economic Crisis and Beyond

Messrs. Welch, O'Connor and Tran, Ms. Gobi, Messrs. Montigny and Velis moved that the proposed new text be amended by adding the following new sections at the end thereof:-

SECTION XX. "Section 12 of Chapter 183A of the General Laws is hereby amended by inserting after the words 'master deed' the following words:- However, no provision in the declaration, bylaws or rules and regulations of the organization of unit owners shall prohibit the keeping of certain types of dogs based on breed, weight or size.

SECTION XX. Chapter 186 of the General Laws is hereby amended by adding the following section:-

Section 16A: Leases or rental agreements regulating occupancy of pets

Section 16A. Any provision of a lease or other rental agreement relating to real property relating to the keeping of pets shall be deemed to be against public policy and void if the lease or other rental agreement prohibits the keeping of certain types of dogs based on breed, size or weight.

This section shall not apply to:

a. Multi-unit dwellings containing three apartments or less.

b. The leasing of a single dwelling unit in a two family dwelling, the other occupancy unit of which is occupied by the owner as his residence.

SECTION XX . Section 3 of Chapter 23B of the General Laws is hereby amended by inserting after the second use of the word “elderly” under part “(u)” the following words:- Provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size or weight.

SECTION XX. Chapter 175 of the General Laws is hereby amended by adding the following section:

Section 231. An insurance company offering homeowners insurance coverage or renters insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership or lease of residential property shall not refuse to issue or renew, cancel or charge or impose an increased premium or rate of such a policy or contract based in whole or in part upon the harboring of a specific breed of dog upon the property.

Nothing in this section shall not prohibit an insurer from refusing to issue or renew or from canceling a contract or policy or from imposing an increased premium or rate for a policy or contract if any such dog being harbored on the property has been designated as a dangerous dog pursuant to law.

SECTION XX . Section 3 of Chapter 23B of the General Laws is hereby amended by inserting the following:- (w) establish, conduct and maintain a program of pet ownership by residents of state-aided public housing. Provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size or weight.

SECTION XX. Section 32 of Chapter 121B of the General Laws is hereby amended by inserting the following after the words “(i) The applicant or any household member does not intend to occupy public housing, if offered, as his primary residence”:- However, in determining whether an applicant is eligible for tenancy in a property or if a current tenant can remain in a property, no property owned, managed or operated by an authority may make such a determination based on the size, weight or breed of a dog owned or cared for by the person."

Budget Amendment ID: FY2021-S4-86

OTH 86

Opioid Manufacturers Excise Tax

Ms. Rausch, Mr. Lesser and Ms. Moran moved that the proposed new text be amended by adding the following new section:-

SECTION XX. (a) The general laws are hereby amended by inserting after chapter 63C the following chapter:-

Chapter 63D. Excise on manufacture and sale of certain opioids for distribution in the commonwealth.

Section 1. As used in this chapter, the following words shall have the following meanings:

“Commissioner”, the commissioner of revenue.

“Gross receipts”, receipts from sales made by a person to a purchaser that is not a related party. In the case of sales to a related party or parties for subsequent resale to an unrelated buyer, the gross receipts are the amount paid for the product by the first unrelated buyer.

“Opioid”, any product included in the pharmacological class category of full opioid agonist, opioid agonist or partial opioid agonist in the National Drug Code (NDC) Directory NDC Product File, except for products approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder.

“Person”, any natural person or legal entity.

“Related parties”, an entity that belongs to the same affiliated group as the person under section 1504 of the Internal Revenue Code, as amended and in effect for the taxable year, or if the entity and the person are otherwise commonly owned and controlled.

Section 2. (a) Any person who manufactures opioids and sells such products, directly or through another person, for distribution in the commonwealth shall pay an excise of 15 per cent of its gross receipts from such sales; provided, however, that gross receipts subject to the excise under this section shall be limited to the sales of opioids that are ultimately dispensed in the commonwealth pursuant to a valid prescription issued under section 18 of chapter 94C.

(b) A person who manufactures opioids and sells such products, directly or through another person, for distribution in the commonwealth as described in subsection (a) shall file a return as provided in subsection (a) of section 4 declaring total sales subject to excise in the immediately preceding calendar quarter. In the event that a person filing such a return pays an excise of 15 per cent of its gross receipts from sales of opioids that are not ultimately dispensed in the commonwealth pursuant to a valid prescription issued under section 18 of chapter 94C, the person may claim a credit for such excise amounts on the return for the tax period during which such sales are ultimately dispensed.

(c) No person who owes an excise under this section shall pass through any such costs to any patient or licensed health care provider.

Section 3. The excise under section 2 shall apply only to persons who maintain a place of business in the commonwealth or whose total sales of all products, directly or through another person, for distribution in the commonwealth are more than $25,000 in the calendar quarter to which the excise under section 2 otherwise would apply.

Section 4. (a) Any person subject to the excise under section 2 shall file a return with the commissioner and shall pay such excise by the fifteenth day of the third month following the end of each calendar quarter. Such return shall set out the person’s total sales subject to excise in the immediately preceding calendar quarter and shall provide such other information as the commissioner may require.

(b) Each person subject to the excise under section 2 shall provide to the commissioner annually, on or before June 1st, a report detailing all opioids sold, directly or through another person, for distribution in the commonwealth in the prior calendar year. Such report shall include: (i) the person’s name, address, phone number, federal Drug Enforcement Administration (DEA) registration number and controlled substance registration number issued by the department; (ii) the name and NDC of the opioid; (iii) the unit of measure and quantity of the opioid; (iv) the name, address and DEA registration number of the first unrelated buyer of the opioid; (v) the date of the sale of the opioid; (vi) whether the opioid was ultimately dispensed in the commonwealth pursuant to a valid prescription issued under section 18 of chapter 94C; (vii) the gross receipt total, in dollars, of all opioids sold; (viii) the gross receipt total, in dollars, and quantity by NDC of all opioids ultimately dispensed in the commonwealth pursuant to a valid prescription issued under section 18 of chapter 94C; and (ix) any other elements required by the commissioner.

Section 5. The excise imposed under this chapter shall be in addition to, and not a substitute for or credit against, any other tax or excise imposed under the general laws.

Section 6. The commissioner may disclose information contained in returns and reports filed under this chapter to the department of public health for purposes of verifying that the appropriate amount of a filer’s sales subject to excise are properly declared and that all reporting is otherwise correct. Return and report information so disclosed shall remain confidential and shall not be public record.

Section 7. To the extent that a person subject to excise under section 2 fails to pay amounts due under this chapter, a related party of such person that directly or indirectly distributes the opioid of such person in the commonwealth shall be jointly and severally liable for the excise due.

Section 8. The commissioner may promulgate regulations or issue other guidance for the implementation of this chapter.

(b) This section shall take effect 6 months after the date of enactment.

Budget Amendment ID: FY2021-S4-88-R1

Redraft OTH 88

Corrective Amendment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $250,000 shall be expended to the SouthCoast Community Foundation, Inc., to provide supports to local or regional community-based organizations assisting individuals and families in need; provided further, that not less than $250,000 shall be expended for the city of Framingham, the towns of Ashland, Holliston, Hopkinton, Medway and Natick and the city known as the town of Franklin to assist with contact tracing efforts and other public health actions in response to the 2019 novel coronavirus; provided further, that that not less than $125,000 shall be expended to the school system of the city of Taunton to provide necessary technology for distance learning for underserved students made necessary by the 2019 novel coronavirus; provided further, that not less than $125,000 shall be expended equally to the school systems of the towns of Middleborough and Wareham to provide necessary technology for distance learning for underserved students made necessary by the 2019 novel coronavirus pandemic; provided further, that not less than $175,000 shall be expended equally to the towns of Auburn, Grafton, Leicester, Millbury, Northbridge, Shrewsbury and Upton for technology, health and safety improvements in public schools related to the 2019 novel coronavirus pandemic; and provided further, that not less than $75,000 shall be expended for technology and health and safety improvements relating to the 2019 novel coronavirus pandemic for public schools in the city of Worcester”; and

in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$12,485,000”; and

in said section 2, in item 2810-0100, by striking out the figure “$47,885,283” and inserting in place thereof the following figure:- “$48,260,283”; and

in said section 2, in line item 3000-1045, by inserting after the word “coronavirus”, in line 2, the following words:- “at state-subsidized early education and care programs”; and

in said section 2, in item 4000-0300, by striking out the figure “$113,534,922” and inserting in place thereof the following figure:- “$113,884,922”; and

in said section 2, in item 4000-0641, by striking out the words “provided further, that MassHealth regulations for this rate add-on shall prioritize spending on hourly wage increases, shift differentials or bonuses paid to certified nurses’ aides and housekeeping, laundry, dietary and activities staff; provided further, that MassHealth shall adopt all regulations and procedures to carry out this item; provided further, that not later than June 1, 2021, MassHealth shall provide to the house and senate committees on ways and means an interim report and not later than December 1, 2021 a final report on the impact of wages for direct care workers at the nursing home receiving said funds; provided further, that nursing facilities receiving direct care add-on funds shall comply with MassHealth reporting and spending regulations under 101 CMR 206.00”; and

in said section 2, in item 4110-1000, by striking out the figure “$7,174,905” and inserting in place thereof the following figure:- “$7,724,905”; and

in said section 2, in item 4512-0200, by striking out the figure “$163,621,698” and inserting in place thereof the following figure:- “$163,951,698”; and

in said section 2, by striking out item 4512-2020 and inserting in place thereof the following item:-

“4512-2020 For a matching grant program administered by the department of public health to support municipal public safety reform; provided, that funds shall be made available to municipalities pursuing public safety reforms and alternative investments to promote equitable public safety and public health outcomes; provided further, that eligible reforms and investments shall include, but shall not be limited to: (i) utilizing jail diversion programs, including restoration centers; (ii) hiring de-escalation specialists or implementing de-escalation training; (iii) hiring behavioral health specialists or utilizing other behavioral health supports; and (iv) training in evidence-based or evidence-informed mental health and substance use crisis response or alternative emergency response or hiring or contracting of alternative emergency response professionals; provided further, that municipalities receiving matching grants shall demonstrate a measurable benefit to public health for the residents of the municipality, based on criteria established by the department, and that the municipality is pursuing new practices or reforms, or expansion of prior successful practices, that support criteria established by the department; provided further, that prior to receiving matching grants, municipalities shall provide a comprehensive implementation plan to the department of proposed public safety reforms and investments; provided further, that the department shall give priority to applications that propose to invest a majority of grant funds with community-based human service or behavioral or mental health providers; and provided further, that not later than June 1, 2021, the department shall provide a report to the house and senate committees on ways and means that shall include, but not be limited to: (a) a list of all municipalities that received matching funds; (b) the amount of matching funds awarded to each municipality; and (c) a description of the reforms and investments implemented in each municipality awarded said matching funds...........$2,500,000”; and

in said section 2, in item 4590-1507, by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$6,350,000”; and

in said section 2, in item 7002-2020, by striking out, in line 3, the figure “$17,500,000” and inserting in place thereof the following figure:- “$16,500,000"; and

in said section 2, in said item 7002-2020, by striking out, in lines 28 and 29, the words “women, veterans, minorities and immigrants” and inserting in place thereof the following words:- “socially and economically disadvantaged individuals"; and

in said section 2, in item 7035-0002, by striking out the figure “$40,606,883” and inserting in place thereof the following figure:- “$40,946,883”; and

in said section 2, in item 7066-9600, by striking out the words “July 20, 2020” and inserting in place thereof the following words:- “January 15, 2021”; and

in said section 2, in item 8324-0000, by striking out the figure “$29,047,062” and inserting in place thereof the following figure:- “$31,661,372”; and

in said section 2, in item 8900-0001, by striking out the figure “$685,058,991” and inserting in place thereof the following figure:- “$687,383,991”; and

in said section 2, in item 9110-9002, by striking out the figure “$17,000,000” and inserting in place thereof the following figure:- “$17,055,000”; and

in section 20, in proposed subsection (a) of section 30B of chapter 62C, by inserting after the definition of “Direct partner” the following definition:-

““Distributive share” or “distributive share of the final federal adjustment”, the distributive share of the final federal adjustment attributable to a partner of the partnership that is subject to the partnership-level audit.”; and

in said section 20, by striking out, in line 70, the words “section 33A of”; and

in section 47, by striking out, in lines 26 and 27, the figure “2021” and inserting in place thereof, in each instance, the following figure:- “2020”; and

in said section 47, by striking out, in lines 35 to 37, inclusive, the words “a copy of any notice to quit for nonpayment of rent given in writing by a landlord to a residential tenant pursuant to said section 11 or said section 12 of said chapter 186 shall be sent electronically” and inserting in place thereof the following words:- “a landlord shall send electronically a copy of any notice to quit for nonpayment of rent given in writing by the landlord to a residential tenant pursuant to said section 11 or said section 12 of said chapter 186”; and

in section 48, by inserting after the word “terminated,” in line 15, the following word:- “solely”; and

in said section 48, by striking out, in line 21, the words “for rental arrears then due”; and

in said section 48, by striking out, in line 22, the words “payment for such rental arrears is received by the plaintiff” and inserting in place thereof the following words:- “the plaintiff receives payment of such short-term emergency rental assistance”.