Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4034 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 8
2	2	HOUSE . . . . . . . . . . . . . . . No. 4034
3	3	Text of further amendments, offered by Mr. Michlewitz of Boston, to the Senate amendment
4	4	(striking out all after the enacting clause and inserting in place thereof the text contained in
5	5	Senate document numbered 2432) of the House Bill extending live horse racing and simulcasting
6	6	in the Commonwealth (House, No. 4033). July 31, 2023.
7	7	The Commonwealth of Massachusetts
8	8	_______________
9	9	In the One Hundred and Ninety-Third General Court
10	10	(2023-2024)
11	11	_______________
12	12	By striking out all after the enacting clause and inserting in place thereof the following:–
13	13	1 SECTION 1. To provide for certain unanticipated obligations of the commonwealth, to
14	14	2provide for an alteration of purpose for current appropriations and to meet certain requirements
15	15	3of law, the sums set forth in section 2A are hereby appropriated from the General Fund, the
16	16	4Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended
17	17	5by section 4 of chapter 98 of the acts of 2022, or the federal COVID-19 response fund
18	18	6established in section 2JJJJJ of chapter 29 of the General Laws unless specifically designated
19	19	7otherwise in this act, for the several purposes and subject to the conditions specified in this act
20	20	8and subject to the laws regulating the disbursement of public funds for the fiscal year ending
21	21	9June 30, 2023. This sum shall be made available until June 30, 2024.
22	22	10 SECTION 2A.
23	23	11 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
24	24	12 Reserves 2 of 8
25	25	13 1599-2302For a reserve to support mitigation costs associated with natural disasters
26	26	14that occurred in 2023; provided, that these funds may be used for mitigation costs related to
27	27	15farms impacted by such natural disasters; provided further, that funds in this item shall be
28	28	16administered by the executive office for administration and finance and the department of
29	29	17agricultural resources; provided further, that efforts shall be made to maximize available federal
30	30	18reimbursement for the purposes of this item; and provided further, that efforts shall be made to
31	31	19maximize opportunities for private contributions for the purposes of this item…...….$20,000,000
32	32	20 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
33	33	21 Office of the Secretary
34	34	22 4000-1111For the distribution of funds for fiscally strained hospitals; provided, that
35	35	23up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment
36	36	24described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available
37	37	25on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-
38	38	2679493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid,
39	39	27and as may be further amended from time to time; provided further, that the executive office of
40	40	28health and human services shall disburse funds according to said section 5.D.22 and the terms of
41	41	29any payment agreement between the recipient hospital and the executive office; provided further,
42	42	30that not less than $58,525,410 shall be distributed to non-profit or municipal acute care hospitals
43	43	31licensed under section 51 of chapter 111 of the General Laws that are designated by the center
44	44	32for health information and analysis as non-specialty hospitals, and that had a Medicaid payer mix
45	45	33of not less than 24 per cent in fiscal year 2021 as calculated using data published by the center in
46	46	34May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that the 3 of 8
47	47	35executive office shall prioritize funds for hospitals demonstrating significant financial need
48	48	36based on: (i) the current liquidity position of the hospital or its associated hospital health system;
49	49	37(ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance
50	50	38report published April 2023; and (iii) any other data the executive office deems relevant,
51	51	39including the amount of previous state financial support provided to the hospital in response to
52	52	40the 2019 novel coronavirus pandemic; provided further, that not less than $30,000,000 shall be
53	53	41distributed by the executive office to acute care hospitals licensed under said section 51 of said
54	54	42chapter 111 that demonstrate significant financial need based on criteria established by the
55	55	43executive office; provided further, that, in creating its criteria, the executive office shall: (a)
56	56	44consider relative price index; and (b) prioritize hospitals designated by the center as community-
57	57	45high public payer hospitals that had a public payer mix of not less than 74 per cent in fiscal year
58	58	462021 calculated using data published by the center in May 2023 in its HFY2021 Massachusetts
59	59	47Hospital Profiles databook; provided further, that funds unexpended under the previous
60	60	48provisions of this item shall not revert to the General Fund but shall be redistributed by the
61	61	49executive office to acute care hospitals licensed under said section 51 of said chapter 111 that
62	62	50demonstrate significant financial need based on the criteria established by the executive office
63	63	51pursuant to the previous provision; and provided further, that a hospital shall only be eligible to
64	64	52receive funds through 1 of the 3 preceding sets of payment distribution criteria under this
65	65	53item………………………………………………………………………….……….$180,000,000
66	66	54 SECTION 3. Section 2 of chapter 128C of the General Laws, as appearing in the 2022
67	67	55Official Edition, is hereby amended by inserting after the word “simulcast”, in line 14, the
68	68	56following words:- at any location in Suffolk county approved by the commission. 4 of 8
69	69	57 SECTION 4. Said section 2 of said chapter 128C, as so appearing, is hereby further
70	70	58amended by inserting after the word “simulcast”, in line 42, the following words:- at any location
71	71	59in Bristol county approved by the commission:.
72	72	60 SECTION 5. Said section 2 of said chapter 128C, as so appearing, is hereby further
73	73	61amended by inserting after the word “simulcast”, in line 78, the following words:- at any location
74	74	62in Norfolk county approved by the commission:.
75	75	63 SECTION 6. Said section 2 of said chapter 128C, as so appearing, is hereby further
76	76	64amended by inserting after the word “simulcast”, in line 111, the following words:- at any
77	77	65location in Suffolk county approved by the commission.
78	78	66 SECTION  7. The first paragraph of section 12A of chapter 494 of the acts of 1978 is
79	79	67hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of
80	80	68chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until
81	81	69December 15, 2025.
82	82	70 SECTION 8. The last paragraph of said section 12A of said chapter 494 is hereby
83	83	71amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and
84	84	72inserting in place thereof the following words:- December 15, 2025.
85	85	73 SECTION 9. The introductory paragraph of section 13 of said chapter 494 is hereby
86	86	74amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said
87	87	75chapter 128, and inserting in place thereof the following words:- and until December 15, 2025. 5 of 8
88	88	76 SECTION 10. Section 15 of said chapter 494 is hereby amended by striking out the
89	89	77words “and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place
90	90	78thereof the following words:- and until December 15, 2025.
91	91	79 SECTION 11. The first paragraph of section 9 of chapter 277 of the acts of 1986 is
92	92	80hereby amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said
93	93	81chapter 128, and inserting in place thereof the following words:- and until December 15, 2025.
94	94	82 SECTION 12. The first sentence of the first paragraph of section 3 of chapter 114 of the
95	95	83acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by
96	96	84section 6 of said chapter 128, and inserting in place thereof the following words:- and until
97	97	85December 15, 2025.
98	98	86 SECTION 13. The last paragraph of said section 3 of said chapter 114 is hereby amended
99	99	87by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting
100	100	88in place thereof the following words:- December 15, 2025.
101	101	89 SECTION 14. The first paragraph of section 4 of said chapter 114 is hereby amended by
102	102	90striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and
103	103	91inserting in place thereof the following words:- and until December 15, 2025.
104	104	92 SECTION 15. The last paragraph of said section 4 of said chapter 114 is hereby amended
105	105	93by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting
106	106	94in place thereof the following words:- December 15, 2025. 6 of 8
107	107	95 SECTION 16. The first paragraph of section 5 of said chapter 114 is hereby amended by
108	108	96striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and
109	109	97inserting in place thereof the following words:- and until December 15, 2025.
110	110	98 SECTION 17. Section 45 of chapter 139 of the acts of 2001 is hereby amended by
111	111	99striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting
112	112	100in place thereof the following words:- December 15, 2025.
113	113	101 SECTION 18. Section 20 of chapter 449 of the acts of 2006 is hereby amended by
114	114	102striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting
115	115	103in place thereof the following words:- December 15, 2025.
116	116	104 SECTION 19. Section 92 of chapter 194 of the acts of 2011 is hereby amended by
117	117	105striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting
118	118	106in place thereof the following words:- December 15, 2025.
119	119	107 SECTION 20. Section 112 of said chapter 194 is hereby amended by striking out the
120	120	108words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof
121	121	109the following words:- December 15, 2025.
122	122	110 SECTION 21. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking
123	123	111out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place
124	124	112thereof the following words:- December 15, 2025.
125	125	113 SECTION  22. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby
126	126	114repealed. 7 of 8
127	127	115 SECTION 23. Notwithstanding section 2 of chapter 128A of the General Laws, sections
128	128	1161, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C, as
129	129	117inserted by section 6 of chapter 173 of the acts of 2022, or any other general or special law to the
130	130	118contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct
131	131	119live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C
132	132	120in calendar year 2023 shall remain licensed as a running horse racing meeting licensee and shall
133	133	121remain authorized to conduct simulcast wagering pursuant to said chapter 128C until December
134	134	12215, 2025; provided, however, that the days between January 1, 2023 and December 31, 2025
135	135	123shall be dark days pursuant to said chapter 128C and the licensee shall be precluded from
136	136	124conducting live racing during that period unless it applies for and is granted a supplemental live
137	137	125racing license pursuant to said chapter 128A; provided further, that the licensee shall not
138	138	126simulcast or accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to
139	139	127section 9 of chapter 128C of the General Laws; provided further, that all simulcasts shall comply
140	140	128with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal
141	141	129law; provided further, that all simulcasts from states which have racing associations that do not
142	142	130require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C.
143	143	1313004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent &
144	144	132Protective Association prior to being simulcast to a racing meeting licensee within the
145	145	133commonwealth; and provided further, that if the association agrees to approve the simulcast for 1
146	146	134racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting
147	147	135licensees.; 8 of 8
148	148	136 By striking out the title and inserting in place thereof the following title: “An Act making
149	149	137appropriations for the fiscal year 2023 to provide for supplementing certain existing
150	150	138appropriations and for certain other activities and projects.”; and
151	151	139 By striking out the emergency preamble and inserting in place thereof the following
152	152	140preamble:
153	153	141“Whereas, The deferred operation of this act would tend to defeat its purposes, which are
154	154	142forthwith to make supplemental appropriations for fiscal year 2023 and to make certain changes
155	155	143in law, each of which is immediately necessary to carry out those appropriations or to
156	156	144accomplish other important public purposes, therefore it is hereby declared to be an emergency
157	157	145law, necessary for the immediate preservation of the public convenience.”.