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H 3389

Immunity from criminal prosecution

2025-2026 Regular Session Introduced by Todd Rutherford

Exempts all state and federal grants for the Dukes County Sheriff’s Regional Emergency Communication Center from chargebacks for fringe benefits, indirect costs, and payroll taxes.

Referred to Committee on Judiciary
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Bill Summary · H 3389

Bill Summary — H 3389 (2025)

Title: An Act to waive chargebacks on state grants, federal grant awards, federal subgrants and subsidies for the Regional Emergency Communication Center on Martha's Vineyard

Introduced: February 27, 2025
Primary Sponsors: Rep. Thomas W. Moakley and Sen. Julian Cyr
Current status: Referred to committee (State Administration and Regulatory Oversight; also referred to Judiciary). Hearing(s) scheduled for Nov. 5, 2025 (rescheduled location noted). Prefiled Dec. 5, 2024. Related: HD 698 (replaces).

Purpose

The bill’s stated purpose is to exempt funding for the Dukes County Sheriff’s Regional Emergency Communication Center (RECC) — the emergency communications/dispatch center serving Martha’s Vineyard — from certain internal “chargebacks” that otherwise reduce grant-funded salary dollars by allocating fringe benefits, indirect costs, and payroll taxes back to a sheriff’s appropriation under interdepartmental service agreements.

Key provisions

  • Notwithstanding any general or special law or regulation, all state grants, federal grant awards, federal subgrants and subsidies provided for the Dukes County Sheriff’s Regional Emergency Communication Center shall be exempt from:
    • chargebacks of fringe benefits,
    • indirect costs, and
    • payroll taxes
  • The exemption applies specifically to chargebacks that would be imposed when salary costs are “moved back” as reimbursements from the Dukes County Sheriff’s appropriation to the awarding agency’s appropriation under any Interdepartmental Service Agreement between the Dukes County Sheriff and another state agency.

Who is affected

  • Directly affected: Dukes County Sheriff’s Office and the Regional Emergency Communication Center on Martha’s Vineyard (RECC).
  • Indirectly affected: State agencies that award grants or enter interdepartmental service agreements with the Sheriff (which currently may recover fringe/indirect/payroll costs via chargebacks); awarding agencies could see reduced internal reimbursements.
  • Federal grantors: Federal awards and subgrants identified in the bill are included in the exemption, but practical application may depend on federal grant rules and approvals.

Fiscal and legal considerations / Potential impacts

  • Intended effect: Increase the net grant-funded dollars available for RECC operations by preventing deductions for fringe, indirect costs and payroll taxes via state chargebacks.
  • Impact on awarding agencies: Potential loss of reimbursements or cost recovery that previously offset their budgets; may require those agencies or the Commonwealth to absorb such costs or reallocate funds.
  • Federal compliance: While the bill attempts to exempt federal grant awards/subgrants, federal uniform guidance and grant terms govern allowability of costs and indirect cost recovery. Implementation could require federal approvals or could be constrained by federal law; the exemption cannot override federal statutory or grant-term requirements.
  • Budgetary effect: Not quantified in the bill text; fiscal impact would depend on amounts of salary costs and associated fringe/indirect/payroll allocations historically recovered via chargebacks.

Legislative timeline / procedural notes

  • Prefiled: 12/05/2024
  • Introduced and read first time: 01/14/2025
  • Referred to Committee on Judiciary: 01/14/2025 (also referred to State Administration and Regulatory Oversight on 02/27/2025)
  • Senate concurred entries dated 02/27/2025 (per record)
  • Hearings scheduled: originally 10/27/2025 for 11/05/2025; rescheduled 10/29/2025 (location changes recorded)

Note: The version material provided with the bill text included an unrelated South Carolina legislative draft concerning appeals of immunity determinations; that South Carolina language is extraneous to Massachusetts H 3389 and does not appear to form part of this bill.

Compiled from official sources — confirm details with the bill’s official record.

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