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