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SENATE DOCKET, NO. 736 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 2104
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael D. Brady
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to strengthen the taxpayer protection act.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael D. BradySecond Plymouth and NorfolkVanna Howard17th Middlesex1/29/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025James K. Hawkins2nd Bristol2/11/2025 1 of 3
SENATE DOCKET, NO. 736 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 2104
By Mr. Brady, a petition (accompanied by bill, Senate, No. 2104) of Michael D. Brady, Vanna
Howard, Jacob R. Oliveira and James K. Hawkins for legislation to strengthen the taxpayer
protection act. State Administration and Regulatory Oversight.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to strengthen the taxpayer protection act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 53 of chapter 7 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out the definition of “Agency” and inserting in
3place thereof the following definition:-
4 “Agency”, an executive office, department, division, board, commission or other office or
5officer in the executive branch of the government of the commonwealth, the Massachusetts Bay
6Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Department
7of Transportation, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and
8Nantucket Steamship Authority, a school district as defined in section 2 of chapter 70 or an
9education collaborative as established under section 4E of chapter 40.
10 SECTION 2. Said section 53 of said chapter 7, as so appearing, is hereby further
11amended by striking out the definition of “Privatization contract” and inserting in place thereof
12the following definition:- 2 of 3
13 “Privatization contract”, an agreement or combination or series of agreements by which a
14non-governmental person or entity agrees with an agency to provide services, valued at
15$500,000, but as of January 1 each year, the amount shall increase to reflect increases in the
16consumer price index calculated by the United States Bureau of Labor Statistics for all urban
17consumers nationally during the most recent 12 month period for which data are available or
18more, which are substantially similar to and in lieu of, services theretofore provided, in whole or
19in part, by regular employees of an agency. Any subsequent agreement, including any agreement
20resulting from a rebidding of previously privatized service, or any agreement renewing or
21extending a privatization contract, shall be considered a privatization contract. A contract for
22information technology services shall not be considered a privatization contract if an employee
23organization recognized under chapter 150E, as the exclusive representative of an affected
24employee, as determined by the secretary of administration and finance, agrees to the terms of
25the contract in writing. An agreement solely to provide legal, planning, engineering or design
26services shall not be considered a privatization contract.
27 SECTION 3. Paragraph (6) of section 54 of said chapter 7, as so appearing, is hereby
28amended by adding the following sentence:-
29 If the designated bidder proposes to perform any or all of the contract which increases the
30cost of services or products provided to a resident of the commonwealth, said contract cost shall
31be increased by the amount of those increased costs to said services or products; provided,
32however, that no privatization contract shall permit payment based on a percentage of revenue or
33fees collected from the privatization contract, including but not limited to, tuition sharing. 3 of 3
34 SECTION 4. Section 55 of said chapter 7, as so appearing, is hereby amended by striking
35out subsection (d) and inserting in place thereof the following 2 subsections:-
36 (d) The objection of the state auditor pursuant to subsection (a) shall be final and binding
37on the agency, unless the state auditor thereafter in writing withdraws the objection, stating the
38specific reasons, based upon a revised certificate by the agency and by the commissioner of
39administration and upon the state auditor's review thereof. The attorney general may bring a civil
40action for equitable relief in the superior court to enforce sections 52 through 55 or to prevent or
41remedy the dismissal, demotion or other action prejudicing any employee as a result of a report
42of a violation of said sections 52 to 55.
43 (e) Before the renewal of a privatization contract, the state auditor shall conduct a
44financial and performance audit of said privatization contract to ensure compliance.