2006 Massachusetts Code - Chapter 7 — Section 3B. Services performed at less than cost; commonwealth buildings and facilities used for private gain; prohibition; determination and review of cost.

Section 3B. No service shall be performed for the sole benefit of any person at less than cost, other than services for students in public institutions of higher education, services in hospitals, clinics or other health facility and services rendered by a correctional institution for inmates therein, by any personnel or agency of the commonwealth, nor shall any building, facility or equipment owned by the commonwealth be used by any person for private purposes or gain unless the commonwealth receives at least the cost of providing such building, facility or equipment, nor shall any meal be served to any employee of the commonwealth by an institution thereof at less than the cost to the commonwealth.

The secretary of administration shall, on or before January first, nineteen hundred and seventy-six and from time to time thereafter, after notice and a hearing in the manner provided by chapter thirty A, determine the cost hereinbefore mentioned and shall inform each department, agency and institution of the commonwealth furnishing such services or meals or having control of such property or equipment of the cost so determined. Thereafter the cost determined by the secretary shall be collected by such department, agency or institution unless a greater charge has been fixed by the general court.

The secretary shall, on or before January first, nineteen hundred and seventy-six and at least annually thereafter, review the amount fixed by law for any service, license, permit or other public function and shall report to the general court any instance in which such amount is insufficient to defray the expense to the commonwealth of administrative costs connected therewith.

Notwithstanding any other general or special law to the contrary, for the period beginning March first, nineteen hundred and ninety-one, the secretary of administration (1) shall determine the amount to be charged by the commonwealth for each service of any kind performed by any state personnel or agency which is primarily for the benefit of any individual person or corporation, other than services for patients in hospitals, clinics and other health facilities and services rendered by institutions of correction for inmates therein; (2) shall determine the charge to be made by the commonwealth for each use for private purposes or gain of state-owned buildings, houses, facilities, and equipment; (3) shall determine the charge to be made by the commonwealth for all meals served in state institutions or facilities to employees thereof; and, (4) shall determine the amount to be charged for any other service, registration, regulation, license, fee, permit or other public function; provided, however, that said secretary shall not determine the rates of tuition at state institutions of higher education or any fees or charges relative to the administration and operation of the trial court, appeals court, supreme judicial court or any other department of the judiciary of the commonwealth. Sixty days prior to the increase or decrease of any fee or the setting of any new fee, the secretary of administration and finance shall submit information relative to the purpose for the fee increase or decrease or new fee, and an estimate of the revenues to be raised or reduced thereby, to the senate and house committees on ways and means and the clerks of the house and the senate. Not less than thirty days prior to increasing or decreasing any fee, or setting any new fees, the secretary shall provide public notice of such fee changes and conduct a public hearing thereon, and shall consider any written comments received. Any fee or charge existing as of March first, nineteen hundred and ninety-one, and any new fee or charge established or increased in accordance with the provisions of this section shall continue to be valid after June thirtieth, nineteen hundred and ninety-two.

The provisions of this section shall not apply to fees set pursuant to section eighteen of chapter twenty-one A or section three B of chapter twenty-one E.