Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3380 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3259 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3380
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to strengthen the taxpayer protection act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/17/2025Vanna Howard17th Middlesex2/12/2025Michael D. BradySecond Plymouth and Norfolk2/12/2025Christopher Richard Flanagan1st Barnstable2/12/2025Rodney M. Elliott16th Middlesex2/12/2025Danillo A. Sena37th Middlesex2/12/2025Erika Uyterhoeven27th Middlesex2/12/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/12/2025Natalie M. Higgins4th Worcester2/12/2025James C. Arena-DeRosa8th Middlesex3/3/2025Mike Connolly26th Middlesex2/13/2025James K. Hawkins2nd Bristol2/11/2025 1 of 3
16	16	HOUSE DOCKET, NO. 3259 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3380
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 3380) of
19	19	David Henry Argosky LeBoeuf and others for legislation to further regulate privatization
20	20	contracts. State Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to strengthen the taxpayer protection act.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 53 of chapter 7 of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by striking out the definition of “Agency” and inserting in
31	31	3place thereof the following definition:-
32	32	4 “Agency”, an executive office, department, division, board, commission or other office or
33	33	5officer in the executive branch of the government of the commonwealth, the Massachusetts Bay
34	34	6Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Department
35	35	7of Transportation, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and
36	36	8Nantucket Steamship Authority, a school district as defined in section 2 of chapter 70 or an
37	37	9education collaborative as established under section 4E of chapter 40.
38	38	10 SECTION 2. Said section 53 of said chapter 7, as so appearing, is hereby further
39	39	11amended by striking out the definition of “Privatization contract” and inserting in place thereof
40	40	12the following definition:- 2 of 3
41	41	13 “Privatization contract”, an agreement or combination or series of agreements by which a
42	42	14non-governmental person or entity agrees with an agency to provide services, valued at
43	43	15$500,000, but as of January 1 each year, the amount shall increase to reflect increases in the
44	44	16consumer price index calculated by the United States Bureau of Labor Statistics for all urban
45	45	17consumers nationally during the most recent 12 month period for which data are available or
46	46	18more, which are substantially similar to and in lieu of, services theretofore provided, in whole or
47	47	19in part, by regular employees of an agency. Any subsequent agreement, including any agreement
48	48	20resulting from a rebidding of previously privatized service, or any agreement renewing or
49	49	21extending a privatization contract, shall be considered a privatization contract. A contract for
50	50	22information technology services shall not be considered a privatization contract if an employee
51	51	23organization recognized under chapter 150E, as the exclusive representative of an affected
52	52	24employee, as determined by the secretary of administration and finance, agrees to the terms of
53	53	25the contract in writing. An agreement solely to provide legal, planning, engineering or design
54	54	26services shall not be considered a privatization contract.
55	55	27 SECTION 3. Paragraph (6) of section 54 of said chapter 7, as so appearing, is hereby
56	56	28amended by adding the following sentence:-
57	57	29 If the designated bidder proposes to perform any or all of the contract which increases the
58	58	30cost of services or products provided to a resident of the commonwealth, said contract cost shall
59	59	31be increased by the amount of those increased costs to said services or products; provided,
60	60	32however, that no privatization contract shall permit payment based on a percentage of revenue or
61	61	33fees collected from the privatization contract, including but not limited to, tuition sharing. 3 of 3
62	62	34 SECTION 4. Section 55 of said chapter 7, as so appearing, is hereby amended by striking
63	63	35out subsection (d) and inserting in place thereof the following 2 subsections:-
64	64	36 (d) The objection of the state auditor pursuant to subsection (a) shall be final and binding
65	65	37on the agency, unless the state auditor thereafter in writing withdraws the objection, stating the
66	66	38specific reasons, based upon a revised certificate by the agency and by the commissioner of
67	67	39administration and upon the state auditor's review thereof. The attorney general may bring a civil
68	68	40action for equitable relief in the superior court to enforce sections 52 through 55 or to prevent or
69	69	41remedy the dismissal, demotion or other action prejudicing any employee as a result of a report
70	70	42of a violation of said sections 52 to 55.
71	71	43 (e) Before the renewal of a privatization contract, the state auditor shall conduct a
72	72	44financial and performance audit of said privatization contract to ensure compliance.