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Session Law

2010

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Chapter 409 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2011 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2011 and to make certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2011, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

ATTORNEY GENERAL
Office of the Attorney General.

0810-0007............................................................. $50,000
0810-0045............................................................ $190,418

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Division of Capital Asset Management.

1102-3301............................................................ $630,000
1102-3306............................................................ $392,000

Office of the Secretary of Administration and Finance

1599-4704.......................................................... $4,300,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation

2810-0100.......................................................... $2,100,000
2820-0101............................................................ $134,631

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Division of Medical Assistance

4000-0500......................................................... $17,343,019
4000-0600......................................................... $11,316,486
4000-0700....................................................... $149,069,588
4000-0950......................................................... $49,809,579
4000-0990................................................................ $10,278
4000-1405......................................................... $17,342,133
4000-1420......................................................... $13,097,171

Department of Youth Services

4200-0200.......................................................... $1,000,000

Department of Transitional Assistance

4408-1000.......................................................... $4,300,000

Department of Public Health

4512-0200............................................................ $670,000
4512-0225............................................................ $500,000
4513-1020......................................................... $2,500,000
4513-1026............................................................ $341,324
4513-1130............................................................ $750,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development

7004-0101......................................................... $16,000,000
7004-9024.......................................................... $1,100,000

Department of Business Development

7007-1000............................................................ $500,000

EXECUTIVE OFFICE OF ELDER AFFAIRS
Office of the Secretary of Elder Affairs

9110-1630.......................................................... $2,400,000

LEGISLATURE
Senate

9500-0000.......................................................... $1,115,549

House of Representatives

9600-0000.......................................................... $5,510,171

Joint Legislative Operations

9700-0000.......................................................... $1,900,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance

1599-6263.. For a reserve for the purposes of eradication and control of mosquitoes to prevent the spread of eastern equine encephalitis; provided, that the secretary of administration and finance shall report on the expenditures from this account including, but not limited to, the amount spent from this account during the fiscal year, the communities where spraying occurred and the amount spent per community............ $1,188,236

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary of Energy and Environmental Affairs

2000-1011.. For the office of environmental law enforcement which may expend revenues in an amount not to exceed $200,000 from the administrative handling charge revenues received from electronic transactions processed through its online licensing and registration systems; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the office of environmental law enforcement may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system........................................................ $200,000

Board of Library Commissioners

7000-9403.. For the Boston public library for its role as the library of last recourse for the commonwealth; provided, that all funds expended from this item shall be transferred for use in other branch libraries $350,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Business Development

7007-0150.. For a competitive grant program to promote the 8 regional economic development corporations, councils, and partnerships across the commonwealth............................................. $800,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary of Public Safety and Security

8000-0004.. For amounts paid by the United States to the commonwealth, as the employer, to satisfy the judgment of the United States District Court in Regan v. United States, 421 F.Supp.2d 319 (D. Mass 2006), and employer-match refund claims governed by that judgment; provided, that the comptroller shall transfer funds to the offices of sheriffs or of registries of deeds whose employees were at issue in that action in proportion to the employer match of payments to those affected employees in each of those offices, solely for one-time expenses of those offices; provided further, that no funds made available from this item shall be expended from object class AA, BB or CC; provided further, that each such office shall file a written report with the comptroller and the secretary of administration and finance not later than June 30 of each year funds were provided, detailing the purposes for which these funds were expended; and provided further, that the comptroller may retain funds from this item to reimburse his reasonable expenses in administering payments pursuant to, and refund claims governed by, that judgment............................................... $3,469,927

LEGISLATURE
Senate

9510-0000.. For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued............. $750,000

House of Representatives

9610-0000.. For expenses incurred by the house related to the joint committee on redistricting, prior appropriation continued............. $750,000

SECTION 2E. The sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust fund named within this item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2011. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.

1595-5819.. ...................................................... $20,000,000

SECTION 3. The fifth sentence of subsection (d) of section 18B of chapter 53 of the General Laws, as appearing in section 37 of chapter 188 of the acts of 2010, is hereby amended by striking out the words “not more than” and inserting in place thereof the following words:- at least.

SECTION 4. Section 6 of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “of”, in line 637, the second time it appears, and in line 642, the following words:- energy and.

SECTION 5. Said section 6 of said chapter 62, as so appearing, is hereby further amended by inserting after the word “a”, in line 665, the following word:- refundable.

SECTION 6. Subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby amended by striking out paragraphs (3) and (4) and inserting in place thereof the following 2 paragraphs:-

(3) The fair market value of a qualified donation of certified land shall be substantiated by a qualified appraisal, as defined in United States Treasury Regulation section 1.170A- 13(c)(3), and shall be prepared by a qualified appraiser, as defined in United States Treasury Regulation section 1.170A-13(c)(5). For a taxpayer to qualify for the credit provided for in this subsection, the taxpayer shall, as part of the certification process, file with the secretary of energy and environmental affairs a summary of a qualified appraisal or, if requested by the secretary, the taxpayer shall submit the appraisal itself. The secretary shall transmit the summary or the qualified appraisal itself and certification to the commissioner, upon request. For purposes of determining the credit under this subsection, the fair market value of a qualified donation shall be subject to review by the commissioner under chapter 62C.

(4) If the amount of the credit allowed under this subsection exceeds the taxpayer’s tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.

SECTION 7. Said subsection (p) of said section 6 of said chapter 62, as so appearing, is hereby further amended by striking out paragraph (9) and inserting in place thereof the following paragraph:-

(9) The secretaries of energy and environmental affairs and administration and finance, acting jointly and in writing, shall authorize tax credits under this subsection together with section 38AA of chapter 63. The total cumulative value of the tax credits authorized pursuant to this section and said section 38AA of said chapter 63 shall not exceed $2,000,000 annually. No credits shall be allowed under this subsection except to the extent authorized in this paragraph. The commissioner, after consulting with the secretaries concerning, among other things, the land conservation objectives of this section, shall adopt regulations governing applications for and other administration of the tax credits.

SECTION 8. The definition of “Tax credit program” in section 1 of chapter 62C of the General Laws, as appearing in section 118 of chapter 240 of the acts of 2010, is hereby amended by striking out the words “and (xi)” and inserting in place thereof the following words:- (xi) the donated land tax credit in subsection (p) of said section 6 of said chapter 62 and section 38AA of said chapter 63; and (xii).

SECTION 9. Section 38AA of chapter 63 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “of”, in line 9, the second time it appears, and in line 14, the following words:- energy and.

SECTION 10. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out, in line 35, the words “the income tax” and inserting in place thereof the following words:- an excise.

SECTION 11. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by inserting after the word “a”, in line 37, the following word:- refundable.

SECTION 12. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out subsections (c) and (d) and inserting in place thereof the following 2 subsections:-

(c) The fair market value of a qualified donation of certified land shall be substantiated by a qualified appraisal, as defined in United States Treasury Regulation section 1.170A- 13(c)(3), and shall be prepared by a qualified appraiser, as defined in United States Treasury Regulation section 1.170A-13(c)(5). For a taxpayer to qualify for the credit provided for in this section, the taxpayer shall, as part of the certification process, file with the secretary of energy and environmental affairs a summary of a qualified appraisal or, if requested by the secretary, the taxpayer shall submit the appraisal itself. The secretary shall transmit the summary of or the qualified appraisal itself and certification to the commissioner of revenue, upon request. For purposes of determining the credit under this section, the fair market value of a qualified donation shall be subject to review by the commissioner under chapter 62C.

(d) If the amount of the credit allowed under this section exceeds the taxpayer’s tax liability, the commissioner of revenue shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess.

SECTION 13. Said section 38AA of said chapter 63, as so appearing, is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h) The secretaries of energy and environmental affairs and administration and finance, acting jointly and in writing, shall authorize tax credits under this section together with subsection (p) of section 6 of chapter 62. The total cumulative value of the tax credits authorized pursuant to this section and said subsection (p) shall not exceed $2,000,000 annually. No credits shall be allowed under this section except to the extent authorized in this subsection. The commissioner of revenue, after consulting with the secretaries concerning, among other things, the land conservation objectives of this section, shall adopt regulations governing applications for and other administration of the tax credits.

SECTION 14. Chapter 90 of the General Laws is hereby amended by striking out section 30, as so appearing, and inserting in place thereof the following section:-

Section 30. A proper record of all applications, certificates, licenses and other documents issued or received and maintained in the normal course of business by the registry of motor vehicles shall be kept by the registrar. The record shall be public, open to the inspection of any person during reasonable business hours, subject to applicable privacy laws and regulations. A proper record shall include the original of any document or copy of any original document that has been reproduced by the registrar or the registrar’s authorized designee by electronic scan, photo-image, microfilm, microfiche process or by another reproduction process approved by the state secretary. The registrar shall maintain a record of all convictions of persons charged with violations of the laws relating to motor vehicles and, notwithstanding any general or special law to the contrary, such record shall be public, open to the inspection of any person during reasonable business hours, and subject to regulations promulgated by the registrar. The registrar may issue a certified copy of a proper record or any document contained therein, attested by the registrar or the registrar’s authorized agent, or any record or document maintained in the normal course of business by the registrar, including but not limited to, a certificate of registration or a license to operate a motor vehicle which may have been lost or mutilated upon the written request of the person entitled thereto, or, where there are joint owners of a motor vehicle or trailer, the registrar may issue a certificate to each joint owner upon written request of the person entitled thereto; and such certified copy shall have the same force and effect as the original. Anyone requesting a certified copy of a license to operate a motor vehicle shall submit such evidence as to such person’s identity as the registrar may require. Certified copies of such records of the registrar, attested by the registrar or the registrar’s authorized agent, shall be admissible as evidence in the courts of the commonwealth to prove the facts contained therein.

The registrar may destroy applications and copies of licenses and certificates of registration issued by the registrar and all letters reporting accidents or papers relating thereto and any other documents when the registrar has determined that the storage of such documents is no longer necessary for the proper functioning of the office and the registrar has arranged for the copying and retention of any documents required by the state secretary to be maintained. The registrar may destroy or dispose of any obsolete number plates and forms which, in the registrar’s opinion, are no longer of any value to the commonwealth, and may destroy examination papers or the answers given by the license applicants when the same have become of no value or when the licenses applied for have been granted. The registrar may also destroy all records of convictions of persons charged with violations of the laws relating to motor vehicles unless such convictions are final convictions under section 24, excepting those of the then current year and the 2 years next preceding.

SECTION 15. Section 19 of chapter 90D of the General Laws, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) The registrar shall file and retain every surrendered certificate of title in accordance with section 30 of chapter 90.

SECTION 16. The fourth sentence of paragraph (B) of subsection (2) of section 44A of chapter 149 of the General Laws, as appearing in section 63 of chapter 188 of the acts of 2010, is hereby amended by striking out the words “or in” and inserting in place thereof the following word:- , in.

SECTION 17. The last sentence of the third paragraph of section 47C of chapter 175 of the General Laws, as most recently amended by section 94 of chapter 131 of the acts of 2010, is hereby further amended by inserting after the word “co-payments”, the first time it appears, the following word:- , coinsurance.

SECTION 18. The last sentence of the third paragraph of section 8B of chapter 176A of the General Laws, as most recently amended by section 95 of said chapter 131, is hereby further amended by inserting after the word “co-payments”, the first time it appears, the following word:- , coinsurance.

SECTION 19. The last sentence of the third paragraph of section 4C of chapter 176B of the General Laws, as most recently amended by section 96 of said chapter 131, is hereby further amended by inserting after the word “co-payments”, the first time it appears, the following word:- , coinsurance.

SECTION 20. The last sentence of the second paragraph of section 4 of chapter 176G of the General Laws, as most recently amended by section 97 of said chapter 131, is hereby further amended by inserting after the word “co-payments”, the first time it appears, the following word:- , coinsurance.

SECTION 21. Subsection (a) of section 3 of chapter 509 of the acts of 2008 is hereby amended by striking out the last sentence.

SECTION 22. Subsection (c) of said section 3 of said chapter 509 is hereby amended by striking out the last sentence.

SECTION 23. Section 44 of chapter 521 of the acts of 2008 is hereby amended by striking out, in line 3, the words “July 1, 2011” and inserting in place thereof the following words:- January 2, 2012.

SECTION 24. The last paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by striking out the words “December 31, 2010” and inserting in place thereof the following words:- June 30, 2011.

SECTION 25. Item 8910-8310 of section 2 of chapter 131 of the acts of 2010 is hereby amended by striking out the figure “$6,500,000”, each time it appears, and inserting in place thereof the following figure:- $8,000,000.

SECTION 26. The first paragraph of section 160 of said chapter 131 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence2 members of the house of representatives, 1 of whom shall be appointed by the minority leader and 1 of whom shall be appointed by the speaker of the house, 2 members of the senate, 1 of whom shall be appointed by the minority leader and 1 of whom shall be appointed by the president of the senate, the secretary of health and human services or a designee; the assistant secretary of the office of disabilities and community services or a designee; the commissioner of public health or a designee from the office on health and disability, the commissioner of the Massachusetts rehabilitation commission or a designee, the secretary of elder affairs or a designee, and the secretary of veterans services or a designee and 9 persons appointed by the governor. The co-chairs of the commission shall be designated by the president of the senate and the speaker of the house.

SECTION 27. The last paragraph of said section 160 of said chapter 131 is hereby amended by striking out the words “April 1, 2011” and inserting in place thereof the following words:- September 30, 2011.

SECTION 28. The last sentence of section 167 of said chapter 131 is hereby amended by striking out the word “January 30, 2011” and inserting in place thereof the following word:- June 30, 2011.

SECTION 29. Chapter 202 of the acts of 2010 is hereby amended by inserting after section 25 the following section:-

Section 25A. No person who registers a snow vehicle or recreation vehicle prior to February 1, 2011, shall be required to display the registration required by the second and third sentences of section 22 of chapter 90B of the General Laws. A person who registers a snow vehicle or recreation vehicle on or after February 1, 2011, shall display the vehicle registration required by said second and third sentences of said section 22 of said chapter 90B.

SECTION 30. Section 2A of chapter 359 of the acts of 2010 is hereby amended by striking out item 2300-1011.

SECTION 31. Said chapter 359 is hereby further amended by striking out section 126 and inserting in place thereof the following section:-

Section 126. Notwithstanding any general or special law or rule or regulation to the contrary and within 30 days after the effective date of this section, the comptroller shall transfer $953,742 from the General Fund to the Head Injury Treatment Services Trust Fund established in section 59 of chapter 10 of the General Laws. Transferred funds shall only be expended from the Head Injury Treatment Services Trust Fund in fiscal year 2011 and shall not be transferred to other funds.

SECTION 32. The first paragraph of chapter 2 of the resolves of 2010 is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The special commission shall consist of 2 members of the senate, 1 of whom shall be appointed by the minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; the secretary of health and human services or a designee; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the secretary of education or a designee; the commissioner of education or a designee; the director of housing and community development or a designee; the secretary of labor and workforce development or a designee; the commissioner of the Massachusetts rehabilitation commission or a designee; the commissioner of early education and care or a designee; the commissioner of elementary and secondary education or a designee; the commissioner of higher education or a designee; the secretary of elder affairs or a designee; the commissioner of children and families or a designee; the commissioner of public health or a designee; 1 person appointed by the secretary of education; and 14 persons to be appointed by the governor, 10 of whom shall be representatives of the statewide autism group, 2 of whom shall be representatives of the Asperger’s Association of New England and 2 of whom shall be representatives of the Autism Society of America, Massachusetts chapter.

SECTION 33. The second paragraph of said chapter 2 is hereby amended by striking out the words “January 26” and inserting in place thereof the following words:- September 28.

SECTION 34. The special commission established by chapter 498 of the acts of 2008 is hereby revived and continued. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and house of representatives on or before November 1, 2011.

SECTION 35. Notwithstanding section 3B of chapter 7 of the General Laws or any other general or special law to the contrary, the executive office of energy and environmental affairs may collect an administrative handling charge for all electronic transactions processed through online licensing and registration systems for the sole purpose of defraying the expenses of issuing those licenses and permits. The executive office may establish accounts or other administrative mechanisms to collect and retain such charges.

SECTION 36. Notwithstanding any general or special law to the contrary, for fiscal year 2011, all transfers required by section 6A of chapter 62F of the General Laws shall be made in increments considered appropriate by the comptroller to meet the cash flow needs of the General Fund and to minimize the need for the commonwealth to issue revenue anticipation notes subject to repayment pursuant to item 0699-9100 of section 2 of chapter 131 of the acts of 2010 provided, however, that no transfer shall be made later than 180 days after the conclusion of the quarter for which the transfer is required.

SECTION 37. Notwithstanding any general or special law or rule or regulation to the contrary, the board of the Massachusetts Technology Corporation may transfer funds between the Innovation Institute Fund established in section 6A of chapter 40J of the General Laws and the Massachusetts Research Center Matching Fund established in section 4F of said chapter 40J, to be held and applied thereby in a manner consistent exclusively with the provisions of law and regulation applicable to the recipient fund.

SECTION 38. Section 37 is hereby repealed.

SECTION 39. Section 38 shall take effect on December 30, 2011.

SECTION 40. Sections 5, 6, 7, 8, 10, 11, 12 and 13 shall be effective for tax years beginning on and after January 1, 2011.

Approved, January 4, 2011.


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