Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for supplementing certain items in the general appropriation act and for certain other activities and projects, the sums set forth in sections two, two A and two C for the several purposes and subject to the conditions specified therein are hereby appropriated from the General Fund unless specifically designated otherwise in the items, subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight, for the fiscal year ending June thirtieth, nineteen hundred and eighty-nine or for such period as may be specified, the sums so appropriated to be in addition to any amounts available for the purpose.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc3 JUDICIARY. `tc1 0332-0200 `tc4 For a reserve to fund initiatives to relieve the backlog of unprocessed or unpaid civil motor vehicle violations within the district courts of the commonwealth; provided, that funds in this item shall be distributed as determined by and subject to the approval of the administrative justice of the trial court; provided further, that funds may be expended from this item only in accordance with a schedule of expenditures to be submitted in advance to the house and senate committees on ways and means `tc6 $100,000 `tc2 Treasurer and Receiver-General. `tc1 0611-5000 `tc4 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of section five of chapter two hundred and fifty-eight A of the General Laws, if claimant is sixty years of age or older at the time of the crime, and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with this chapter even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of fifty dollars; provided further, that, notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims, but not limited to, the provisions outlined in section five of chapter two hundred and fifty-eight A of the General Laws, including prior year expenses `tc6 $1,850,000 `tc2 Debt Service. `tc1 0699-7800 `tc4 For the payment of interest on certain bonded indebtedness of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve; and provided further, that no payment of interest or issuance costs on bond anticipation notes and revenue anticipation notes may be charged to this item. `tc6 `tc1 0699-9100 `tc4 For the payment of interest and issuance costs of bond anticipation notes and revenue anticipation notes and other notes pursuant to sections forty-seven and forty-nine B of chapter twenty-nine of the General Laws; provided, that the comptroller shall charge such costs to the various funds of the commonwealth or to the General or Highway Fund in proportion to the fund deficits in such funds, if any, at the close of the fiscal year, prior to transfers authorized in section eight of this act. `tc6 `tc3 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE. `tc2 Group Insurance Commission. `tc1 1108-5200 `tc4 For the commonwealth's share of the group insurance premium; provided, that not more than one hundred and seventy-five thousand dollars shall be obligated for the audit of said premium; provided further, that the budget bureau shall charge the division of employment security and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of the cost of the program as it determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds, and amounts received in payment of all such charges of such transfers shall be credited to the General Fund; provided further, that notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts by April first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; provided further, that the present level of health insurance coverage shall be maintained but shall not constitute payments in full of charges for health care services; provided further, that effective July first, nineteen hundred and eighty-six, said commonwealth's share of the group insurance as provided in section eight of said chapter thirty-two A shall be ninety percent of the total monthly premiums of rates as established by the commission effective July first, nineteen hundred and eighty-six; provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother; provided further, that the commission shall report quarterly with the house and senate committees on ways and means the expenditures from this item, said report shall detail separately the amount expended and type of health coverage for retiree members and active state employee members; provided further, that the commission is hereby directed to conduct or commission an actuarial valuation of the commonwealth's obligations for post-retirement health and insurance benefits, including without limitation the cost of premiums for such benefits, on behalf of current and retired employees of the commonwealth and their dependents and beneficiaries, provided such valuation shall include, without limitation, the following: the actuarial, economic, and demographic methods and assumptions employed therein, provided that the report of such valuation shall explain the reasons for any deviation in such methods and assumptions from generally accepted accounting standards, and the effect of any such deviation; the current and future normal cost of the commonwealth of such benefits, which shall be equivalent to that portion of the actuarial present value of such benefits, allocable to a particular fiscal year, and which shall be expressed both as a percentage of state payroll and in dollar amounts; the actuarial accrued liability of the commonwealth for such benefits; the unfunded actuarial accrued liability of the commonwealth for such benefits; and a projection of the commonwealth's annual obligation for such benefits, expressed both as a percentage of state payroll and in dollar amounts, for the period beginning on July first, nineteen hundred and eighty-eight and ending on June thirtieth, two thousand and twenty-seven; provided further that the commission shall make a report of said valuation by filing the same with the house and senate committees on ways and means on or before January first, nineteen hundred and eighty-nine; provided further that the commission shall notify the house and senate committees on ways and means, by April fifteenth of each year, of the commonwealth's actual cost of its share of group insurance premiums for the next fiscal year; provided further that notwithstanding the provisions of chapter six A of the General Laws or any other general or special law, commencing October first, nineteen hundred and eighty-eight, no health benefit plan offered by the commission shall be liable for any payments on behalf of persons enrolled in said plans to acute hospitals for uncompensated care, as provided in said chapter six A; provided further that for the purposes of section eighty-seven of said chapter six A and section fifteen of chapter one hundred eighteen F of the General Laws, "private sector share" shall be defined so as not to include the share of costs incurred by the commission on behalf of persons enrolled in health benefit plans offered by the commission `tc6 $8,000,000 `tc1 1108-6200 `tc4 For the purposes of workers' compensation paid to public employees, including previous fiscal years `tc6 $1,000,000 `tc5 Highway Fund 35.0% General Fund 65.0% `tc2 Miscellaneous. `tc1 1599-2038 `tc4 For the payment of deficiencies in certain appropriations for previous fiscal years based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge such payments to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and eighty-nine and to transfer from the amount appropriated herein to said items and allocations such amounts as are necessary to meet the cost of said charges; provided further, that said comptroller is authorized to allocate the amounts of such payments to the several state or other funds to which said payments would have been chargeable if appropriations had been available thereof `tc6 $4,955,314 `tc1 1599-3384 `tc4 For a reserve for the payment of certain court judgments, settlements and legal fees, in compliance with regulations promulgated by the comptroller, filed with the house and senate committees on ways and means, which were ordered to be paid in fiscal year nineteen hundred and eighty-nine or a prior fiscal year and which derive from causes of action initiated in said fiscal year or a prior fiscal year; provided, that the comptroller is hereby authorized to charge such payments to this item `tc6 $8,237,584 `tc1 1599-3623 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-nine costs of salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the chief administrative justice of the trial court and the Suffolk County Superior Court Officers' Association; provided, that the secretary of administration and finance is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and eighty-nine and nineteen hundred and ninety, where the amounts otherwise available are insufficient for the purpose, such amounts as are necessary to meet the cost of said adjustments and benefits; provided further, that said secretary is authorized to allocate the costs of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or expenditure of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfer shall be made as authorized herein without prior notification of the house and senate committees on ways and means. `tc6 `tc1 1599-3656 `tc4 For a reserve to meet the cost of salary adjustments and other employee economic benefits authorized by a certain supplemental agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO for certain class reallocations, and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments or benefits to employees employed in "confidential" positions which would otherwise be covered by said supplemental agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the supplemental agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and eighty-nine and nineteen hundred and ninety such amounts as are necessary to meet the cost of said adjustments and benefits for fiscal year nineteen hundred and eighty-nine where the amounts otherwise available are insufficient for the purpose; provided further, that said secretary is authorized to allocate the costs of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that copies of said supplemental agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer of allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made as authorized herein without prior notification of the house and senate committees on ways and means. `tc6 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3743-2024 `tc4 For the development by the Lena Park community development corporation of a master plan for the economic revitalization of the Blue Hill Avenue corridor extending from the Dudley Square area of Boston to the Milton town line, such master plan to include a comprehensive agenda for commercial, business and housing redevelopment, a specific plan for technical and financial assistance to community development corporations and small business in the targeted area, and a specific plan for coordinated use of existing resources in both the public and private sectors; provided, that this item shall not expire until June thirtieth, nineteen hundred and ninety `tc6 $150,000 `tc1 3743-2029 `tc4 For support of the community and economic development activities carried out by the governor's community development coordinating council; provided, that this item shall not expire until June thirtieth, nineteen hundred and ninety `tc6 $200,000 `tc1 3747-0001 `tc4 For the administration of the commission on Indian affairs; provided, that this appropriation shall not expire before June thirtieth, nineteen hundred and ninety, including not more than three positions `tc6 $8,881 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Rate Setting. `tc1 4100-0011 `tc4 For the Medicare shortfall assistance fund established in section thirty-two C of chapter six A of the General Laws; provided, that the monies in this account shall be used to offset shortfalls occurring between July first, nineteen hundred and eighty-eight and June thirtieth, nineteen hundred and eighty-nine and provided further, that notwithstanding any other provision of this act or any other general or special law to the contrary, this appropriation shall expire on June thirtieth, nineteen hundred and ninety `tc6 $50,000,000 `tc2 Department of Public Welfare. `tc1 4400-1009 `tc4 For a program to provide employment, training and voucher day care, so-called; provided, that the department may allocate funds to other agencies for the employment and training program; provided further, that certain pregnant and parenting persons who have not yet reached the age of twenty-two years, including those who may be absent parents, including those who are ineligible for the aid to families with dependent children or general relief programs but whose children are recipients of aid to families with dependent children or general relief programs, be allowed to participate in the employment and training program; provided further, that the voucher day care program shall be available for any applicant or recipient of aid to families with dependent children who is participating in a training activity or program, or for certain other current or former recipients; provided further, that no "extended vouchers", so-called, shall be paid from this account; provided further, that any participating voucher provider with fifty or more voucher placements, where said placements constitute fifty or more percent of the provider's total program capacity, shall submit a proposal for contracted day care and enter into contract negotiations with the department of social services; provided further, that failure to submit said proposal for contracted day care shall require that the provider limit voucher enrollment to fewer than fifty children; provided further, that said voucher day care program shall be managed by the department of social services and that the department may allocate funds to the department of social services will be maintained and expenditures allocated in such a manner that will not cause said services to be terminated prior to the end of the fiscal year; and provided further, that said expenditures shall not exceed appropriation, including not more than ninety-seven positions; provided further, that expenditures from this item charged to the Reemployment and Job Placement Fund shall be those expended by the department of employment and training for job placement services, including not more than ninety-seven positions. `tc6 `tc5 General Fund 93.5% Reemployment and Job Placement Fund 6.5% `tc2 Department of Medical Security. `tc1 4600-1050 `tc4 For the cost of supplementing the revenues in the uncompensated care pool pursuant to section fifteen of chapter one hundred and eighteen F of the General Laws plus administrative costs of managing the pool; provided that the department shall submit a schedule for approval to the house and senate committee on ways and means detailing all administrative expenditures from this item on said administrative costs; provided, that this appropriation shall not expire until June thirtieth, nineteen hundred and ninety `tc6 $15,000,000 `tc1 4600-1060 `tc4 For the cost of uncompensated care provided by community health centers; provided, that this appropriation shall not expire until June thirtieth, nineteen hundred and ninety `tc6 $6,516,937 `tc2 Department of Social Services. `tc1 4800-0200 `tc4 For regional direct services; provided, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that not less than four million dollars shall be obligated for purchased social services in region I; provided further, that not less than three million eight hundred thousand dollars shall be obligated for purchased social services in region II; provided further, that not less than four million eight hundred and twenty thousand dollars shall be obligated for purchased social services in region III; provided further, that not less than two million seven hundred and seventy-two thousand dollars shall be obligated for purchased social services in region IV; provided further, that not less than six million dollars shall be obligated for purchased social services in region V; provided further, that not less than five million four hundred and fifty thousand dollars shall be obligated for purchased social services in region VI; provided further, that the department report quarterly to the commissioner of administration and finance and the house and senate committees on ways and means on expenditures for purchased services by type of program including number and type of clients served, number of open referral services and number of voluntary placements, including not more than one thousand seven hundred and sixty-eight positions `tc6 $1,910,486 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Public Works. `tc1 6020-2501 `tc4 For certain administrative and engineering expenses and equipment of the commission, the office of the public works commissioner and the division of administrative services, highway engineering, highway maintenance, highway construction and the district and other highway activity offices. `tc6 `tc5 Highway Fund 100.0% `tc3 DEPARTMENT OF EDUCATION. `tc1 7061-0012 `tc4 For non-educational costs of residential school programs for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred and eighty-eight; provided, that the commonwealth shall not pay more than sixty percent of the cost of any such residential placement; provided further, that the department of education shall receive notification from the rate setting commission on the fiscal impact of a programmatic audit of a residential school prior to completion of such an audit report. `tc6 `tc5 Local Aid Fund 100.0% `tc1 7061-1000 `tc4 For equal education opportunity grants to cities, towns, regional school districts and independent vocational schools to increase spending on direct services in districts where actual expenditures on direct services in fiscal year nineteen hundred and eighty-seven or prior years was less than eighty-five percent of the state average of such expenditures, pursuant to chapter seventy A of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or independent vocational school and held as a separate account and shall be expended by the school committee of such city, town, regional school district or independent vocational school without appropriation, notwithstanding the provisions of any general or special law to the contrary and provided further, that notwithstanding any other provision of this act or any other general or special law to the contrary, this appropriation shall expire on June thirtieth, nineteen hundred and ninety `tc6 $29,174,292 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Criminal Justice Training Council. `tc1 8200-0200 `tc4 For the administration and operation of programs to be conducted by the Massachusetts criminal justice training council, including not more than fifty-nine positions `tc6 $249,000 `tc2 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the operation of the registry; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar, director of law enforcement, registry of motor vehicles, and the director of employee relations shall not be subject to civil service law and rules; provided, that the registrar of motor vehicles shall establish a one-year priority, special strike force in the registry to work with local communities to remove uninsured vehicles from Massachusetts roads for the purpose of implementing chapter eight hundred and six of the acts of nineteen hundred and eighty-five, and provided further, that the registry shall be required to report preliminary results of implementation of chapter eight hundred and six to the joint committee on insurance and to the house and senate ways and means committees by January first, nineteen hundred and eighty-nine, and quarterly reports thereafter; provided, that all expenditures related to computer automation shall be subject to satisfactory quarterly review by the office of management information systems and pursuant to schedules by said office; provided further, that forty percent of the cost of personnel services associated with the computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business in the commonwealth, pursuant to section one hundred and eighty-three of chapter six of the General Laws; provided, that not less than one hundred and twenty-five thousand dollars shall be available for the issuance of, so-called, special issue license plates; provided further, that said special issue plates shall be considered as, so-called, vanity plates for the purposes of issuance, including not more than one thousand two hundred and ninety-four positions; provided further, that said total shall include a minimum complement of registry police officers and shall not be less than three hundred and twenty-five. `tc6 `tc5 Highway Fund 100.0% `tc2 Military Division. `tc1 8700-0001 `tc4 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the Camp Curtis Guild rifle range and certain national guard aviation facilities, including not more than one hundred and forty-eight positions; provided, that this appropriation shall expire on June thirtieth, nineteen hundred and ninety `tc6 $18,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-0102 `tc4 For the expenses of the Massachusetts Technology Park Corporation; provided, that this appropriation shall expire on June thirtieth, nineteen hundred and ninety `tc6 $1,000,000 `tc1 9000-0105 `tc4 For the expenses of the Comprehensive Offenders Employment Resources System; provided, that increased emphasis be placed on the provision of services to female offenders, including not more than two positions. `tc6 `tc5 General Fund 15.0% Reemployment and Job Placement Fund 85.0% `tc1 9000-0112 `tc4 For the operation of satellite job training centers in Boston, Springfield and Cambridge. `tc6 `tc5 General Fund 80.0% Reemployment and Job Placement Fund 20.0% `tc1 9000-0300 `tc4 For the employment training, counseling and placement of displaced homemakers; provided, that said programs shall be administered by the Bay State Skills Corporation; and provided further, that for the purposes of the administration of said programs, the displaced homemaker participants of said programs shall be considered as targeted individuals within the meaning of section four of chapter forty I of the General Laws. `tc6 `tc5 General Fund 80.0% Reemployment and Job Placement Fund 20.0% `tc1 9000-0400 `tc4 For the expenses of the Bay State Skills Corporation. `tc6 `tc5 General Fund 80.0% Reemployment and Job Placement Fund 20.0% `tc1 9000-1618 `tc4 For settlement of certain audits by the United States Department of Labor for expenditures of federal grants under the Comprehensive Education and Training Act of 1973 `tc6 $6,700,000 `tc2 Department of Employment and Training. `tc1 9081-0350 `tc4 For the administration of the department of employment and training and for the expenses of administering section seventy-one A to seventy-one G, inclusive, of chapter one hundred and fifty-one A of the General Laws; provided, that the commissioner of said department may consult with departments, commissions, offices, boards, divisions, institutions and other agencies for the purpose of planning for and operating employment and training programs within said department; provided further, that funds may be obligated from this item for the compensation of employees under item 9081-0100. `tc6 `tc5 Reemployment and Job Placement Fund 100.0% `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Office of the Secretary. `tc1 9400-1711 `tc4 For the expenses of the reemployment assistance program as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws. `tc6 `tc5 General Fund 70.0% Reemployment and Job Placement Fund 30.0% `tcol;end

SECTION 2A. For the purpose of making available for expenditure in the fiscal year nineteen hundred and ninety certain balances of appropriation which otherwise would revert on June thirtieth, nineteen hundred and eighty-nine, the unexpended balances of the maintenance appropriation items shown below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety: `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc1 0117-0000 `tc4 `tc6 $6,000 `tc1 0122-0000 `tc4 `tc6 $160,000 `tc1 0124-0000 `tc4 `tc6 $315,000 `tc1 0127-0000 `tc4 `tc6 $437,000 `tc1 0127-0020 `tc4 `tc6 $492,000 `tc1 0127-0030 `tc4 `tc6 $30,000 `tc1 0129-0000 `tc4 `tc6 $150,000 `tc1 0143-0000 `tc4 `tc6 $25,000 `tc1 0144-0000 `tc4 `tc6 $350,000 `tc1 0161-1000 `tc4 `tc6 $1,000 `tc1 0185-7807 `tc4 `tc6 $67,700 `tc1 0185-7816 `tc4 `tc6 $84,000 `tc1 0185-7817 `tc4 `tc6 $60,000 `tc1 0185-7842 `tc4 `tc6 $48,000 `tc1 0330-0100 `tc4 `tc6 $170,599 `tc1 1100-9510 `tc4 `tc6 $1,200,000 `tc1 1105-3604 `tc4 `tc6 $2,500 `tc1 1105-3611 `tc4 `tc6 $278,000 `tc1 1108-3602 `tc4 `tc6 $378,000 `tc1 1108-3603 `tc4 `tc6 $182,000 `tc1 1108-3606 `tc4 `tc6 $24,000 `tc1 1201-0100 `tc4 `tc6 $4,500,000 `tc1 1599-2038 `tc4 `tc6 $4,955,314 `tc1 1599-3384 `tc4 `tc6 $8,237,584 `tc1 1599-3623 `tc4 `tc6 $267,000 `tc1 1599-3624 `tc4 `tc6 $514,000 `tc1 1599-3656 `tc4 `tc6 $2,813,263 `tc1 2150-0600 `tc4 `tc6 $500,000 `tc1 4600-1050 `tc4 `tc6 $421,241 `tc1 5046-0000 `tc4 `tc6 $6,000,000 `tc1 8200-0200 `tc4 `tc6 $399,000 `tcol;end

For the purpose of making available for expenditure in the fiscal year nineteen hundred and ninety certain balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and eighty-nine, the unexpended balances of the bond-funded items shown below are hereby re-appropriated for the fiscal year nineteen hundred and ninety. `tuc 0115-8758 0431-8833 0431-8835 0511-8811 1100-1560 1100-1561 1100-8791 1102-7846 1102-8791 1102-8792 1102-8801 1102-8804 1102-8812 1102-8813 1102-8814 1102-8816 1102-8819 1102-9801 1102-9802 1102-9845 2000-0843 2000-8830 2000-9841 2000-9842 2000-9843 2030-8821 2030-8842 2120-8803 2120-8805 2120-8812 2120-8823 2120-8825 2120-8846 2120-9848 2130-8771 2130-8772 2150-8831 2150-9848 2200-7871 2250-1010 2250-8844 2270-8771 2270-8772 2270-8791 2270-8811 2270-8812 2270-8813 2270-8821 2320-8813 2410-8801 2410-8802 2440-8795 2440-8802 2440-8812 2440-8813 2440-8816 2440-8819 2440-8842 2440-8845 2440-9812 2440-9813 2440-9841 2440-9842 2440-9848 2444-8812 2449-7260 2449-7350 2449-7370 2449-8754 2449-8755 2449-8791 2681-9029 3722-0810 3722-9015 3722-9030 3722-9301 3724-9001 4312-8751 4315-8811 4316-8811 4316-8812 4316-8813 4343-8811 4344-8841 4345-8811 4348-8811 4348-8812 5011-8801 5011-8802 5011-8811 5011-8812 5191-8801 5471-8801 5897-8811 6000-3025 6000-3100 6000-8841 6004-8756 6031-8830 6032-4037 6032-4038 7070-8811 7114-8801 7114-8842 7117-8771 7220-8843 7220-8845 7310-8842 7410-8781 7410-8772 7410-8801 7410-8845 7410-8848 7490-8751 7490-9751 7506-8771 7511-8752 7511-8841 7511-8842 7514-8755 7514-8842 7514-8845 7514-9750 7515-8811 7516-8841 8000-8842 8200-8841 9300-2801 9300-3901 9300-3902 9300-3905

For the purpose of making available for expenditure in the fiscal year nineteen hundred and ninety certain balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and eighty-nine, the unexpended balances of the bond-funded items shown below are hereby re-appropriated for fiscal year nineteen hundred and ninety; provided, that the unexpended balances in any other items of appropriation included by reference in the accounts listed below are not re-appropriated. `tuc 0431-8811 0431-8832 1100-8758 1102-7845 1102-7847 1102-7849 1102-8777 1102-8797 1102-8806 1102-8843 1102-8844 1102-8847 1201-8841 2120-7842 2120-7845 2120-7846 2120-7848 2120-8848 2120-9841 2120-9842 2120-9843 2120-9844 2120-9845 2120-9846 2121-8844 2150-6844 2150-6847 2150-6849 2150-7840 2150-7841 2150-8845 2150-9845 2150-9847 2320-8842 2440-7848 2440-8794 2440-8798 2440-8801 2440-8813 2440-8840 2440-8843 2440-8847 2440-8848 2440-8849 2440-9842 2440-9843 2440-9844 2440-9845 2440-9846 2440-9847 2440-9849 2444-8842 2444-8843 3722-8846 4000-8840 4238-8841 4311-8841 4312-8841 4312-8842 4312-8843 4313-8841 4315-8792 4316-8841 4316-8842 4316-8843 4316-8844 5011-8841 5011-8842 5011-8845 5295-8841 5377-8842 5391-8771 5651-8841 5655-8841 5895-8841 6059-0000 7066-8841 7109-8721 7109-8821 7109-8845 7109-8846 7112-8842 7114-8791 7117-8841 7220-8802 7220-8841 7220-8842 7220-8844 7310-8841 7410-8784 7410-8842 7410-8843 7410-8846 7411-8841 7411-8842 7452-8843 7490-8721 7490-8722 7502-8841 7503-8841 7506-8841 7515-8841 7515-8842 7516-8751 7518-8841 7518-8842 8312-8842 8312-8843

Notwithstanding any general or special law to the contrary, any remaining balances at the end of fiscal year nineteen hundred and eighty-nine from revenues authorized in general or special law to be retained by certain departments, commissions, and agencies for expenditure without further appropriation in said fiscal year, shall be reported by the comptroller as unrestricted revenues for said fiscal year, and shall not be made available for expenditure during the fiscal year ending June thirtieth, nineteen hundred and ninety, without further appropriation; provided, however, that the amount of each such balance not in excess of three percent collected from such revenues authorized to be retained in fiscal year nineteen hundred and eighty-nine shall not revert but shall be available to said departments, commissions, and agencies for the authorized purposes of said revenues during fiscal year nineteen hundred and ninety; provided further, that all unexpended balances from retained revenue, so-called, of the items listed below, not to exceed the amount specified below for each item, are re-appropriated for the purposes provided in such general or special law during the fiscal year nineteen hundred and ninety.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc2 Supreme Judicial Court. `tc1 0320-0984 `tc4 `tc6 $325,000 `tc2 District Attorneys. `tc1 0340-0110 `tc4 `tc6 $600,000 `tc1 0340-0210 `tc4 `tc6 $75,000 `tc1 0340-0310 `tc4 `tc6 $50,000 `tc1 0340-0410 `tc4 `tc6 $200,000 `tc1 0340-0510 `tc4 `tc6 $50,000 `tc1 0340-0610 `tc4 `tc6 $50,000 `tc1 0340-0710 `tc4 `tc6 $75,000 `tc1 0340-0815 `tc4 `tc6 $25,000 `tc1 0340-0910 `tc4 `tc6 $125,000 `tc1 0340-1010 `tc4 `tc6 $25,000 `tc1 0340-1110 `tc4 `tc6 $25,000 `tc2 Attorney General. `tc1 0810-0410 `tc4 `tc6 $25,000 `tc2 Division of Capital Planning and Operations. `tc1 1102-3214 `tc4 `tc6 $1,250,000 `tc1 1102-3215 `tc4 `tc6 $1,750,000 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2310-0312 `tc4 `tc6 $75,000 `tc2 Metropolitan District Commission. `tc1 2443-0001 `tc4 `tc6 $49,321 `tc2 Office for Children. `tc1 4130-0009 `tc4 `tc6 $150,000 `tc2 Department of Mental Retardation. `tc1 5982-1000 `tc4 `tc6 $25,000 `tc2 Department of Public Safety. `tc1 8312-9043 `tc4 `tc6 $5,000 `tc1 8312-9044 `tc4 `tc6 $5,000 `tcol;end

SECTION 2C. `tuc RETAINED REVENUE.

Notwithstanding the provisions of any general or special law to the contrary, the following named departments, commissions, and agencies are hereby authorized to retain certain revenues in amounts not to exceed those specified herein, derived from fees, services or sales of materials as provided herein and to expend such revenues in amounts specified, for the purposes and under the conditions provided without further appropriation but subject to approval by the state comptroller; provided, that unless otherwise provided, said revenues shall not be expended for the compensation of employees; and provided further, that any revenues received by the following named departments, commissions, and agencies in excess of the amounts authorized to be retained herein shall be credited to the General Fund.

Notwithstanding any general or special law to the contrary, any state agency or office that is authorized in any section of this act or in chapter three hundred and seventy-five of the acts of nineteen hundred and eighty-one, chapter two hundred of the acts of nineteen hundred and eighty-five, section seventeen of chapter twenty-five of the General Laws, or section forty-seven of chapter ninety-four C of the General Laws, to expend certain revenues without further appropriation shall file within thirty days after the end of each quarter with the house and senate committees on ways and means and the commissioner of administration and finance a report detailing the sources and amounts of all such revenues and the purposes and amounts of all expenditures therefrom.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc3 TREASURER AND RECEIVER-GENERAL. `tc1 0612-1010 `tc4 The state treasurer may retain revenues in an amount not to exceed thirty-five million dollars from amounts recovered by the commonwealth under section six B of chapter twenty-nine of the General Laws, under section five D of chapter forty of the General Laws, under clause (c) of paragraph eight of section three of chapter thirty-two of the General Laws, and from associated recoveries, reimbursements, and repayments, for expenditure for the purposes and subject to the conditions of item 0612-1010 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight; provided, that no amounts may be expended from this item without the approval of the house and senate committees on ways and means; provided further, that any amounts remaining in or allocable to this item or said item 0612-1010 of said section two and not due and owing as of June thirtieth of any fiscal year shall remain or be deposited, as applicable, in the commonwealth's pension liability fund established under section twenty-two of chapter thirty-two of the General Laws and shall not revert to the General Fund nor be used to offset the commonwealth's obligations under section twenty-two C of said chapter thirty-two for any subsequent fiscal year `tc6 $35,000,000 `tc1 0640-2003 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the arts lottery council may expend an amount not to exceed five million dollars, including those amounts provided pursuant to section thirty-five B of chapter ten of the General Laws, which the state comptroller is hereby directed to transfer from the State Arts Lottery Fund to the Local Aid Fund, for distribution semi-annually by the arts lottery council as provided by law; provided, however, that at each distribution, five hundred thousand dollars shall be utilized by the council for a program to assist Massachusetts school children to attend cultural events including, but not limited to, theater, ballet, opera, symphony and other performing arts. Sponsoring institutions of said cultural events shall provide the tickets to the council for a price not to exceed five dollars per ticket for distribution to the students. The council shall submit an annual report on the operation of this program to the joint committee on education, arts and humanities and the house and senate committees on ways and means; provided further that at the first semi-annual distribution thirty thousand dollars shall be utilized for the purpose of a study evaluating the effectiveness of the Performing Arts Student Series. `tc6 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Office of Telecommunications. `tc1 1102-4055 `tc4 The commissioner of administration may incur and the comptroller may certify for payment, expenses and liabilities in an amount not to exceed fourteen million dollars, for the purchase or rental of telecommunications lines, services, and equipment, from charges to be assessed agencies for the use of said lines, services, and equipment. `tc2 Comptroller's Division. `tc1 1103-1000 `tc4 The state comptroller may expend revenues in an amount not to exceed three hundred and twenty-five thousand dollars from allocated federal funds transferred from federal reimbursement and grant receipts pursuant to line item 1103-1000 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight, for the cost of compliance with the mandate of the federal law and office of management and budget regulations for a comprehensive, statewide single audit of state operations. `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Department of Social Services. `tc1 4800-0210 `tc4 The commissioner of the department of social services may expend revenues collected pursuant to Title IV-E of the Social Security Act, in an amount not exceeding thirteen million seven hundred thousand dollars, for the provision of direct social services. `tc5 `tc6 `tc1 4800-0410 `tc4 The commissioner of the department of social services may expend revenues collected from the establishment of a sliding fee scale for service, in an amount not to exceed six hundred and fifty thousand dollars, for the provision of direct social services. `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. `tc2 Division of Registration. `tc1 9230-0050 `tc4 The division of registration may expend an amount not to exceed eighty thousand dollars from the proceeds of federal government sales of confiscated properties `tc6 $80,000 `tcol;end

SECTION 3. Of the amount authorized to item 2120-7898 of section two D of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight the balance remaining as of June thirtieth, nineteen hundred and eighty-nine, in allocation account 2440-9898 is hereby re-authorized for the fiscal year nineteen hundred and ninety.

SECTION 4. Of the amount authorized to item 2681-8751 of section four of chapter five hundred and nineteen of the acts of nineteen hundred and seventy-four, the balance remaining as of June thirtieth, nineteen hundred and eighty-nine, in allocation account 2200-8751 is hereby re-authorized for the fiscal year nineteen hundred and ninety.

SECTION 5. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by striking out item 1108-6200 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1108-6200 `tc4 For the purpose of workers' compensation paid to public employees, including previous fiscal years payments not to exceed five million dollars `tc6 $28,267,650 `tc5 Highway Fund 35.0% General Fund 65.0% `tcol;end

SECTION 6. Section two A of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by inserting after item 6000-9954 the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 6000-9957 `tc4 For the purposes of a federally funded grant entitled, Pioneer Valley Railroad System Rehabilitation Project `tc6 $960,000 `tcol;end

SECTION 7. Section two C of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by inserting after item 5982-1000 the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 6000-0110 `tc4 The executive office of transportation and construction may expend, for the purpose of property management and maintenance on railroad properties owned by said executive office on behalf of the commonwealth, an amount not to exceed fifty-one thousand six hundred dollars from the rents and fees received pursuant to section four of chapter one hundred and sixty-one C of the General Laws `tc6 $51,600 `tcol;end

SECTION 8. (a) Notwithstanding any general or special law to the contrary, the comptroller shall, as of June thirtieth, nineteen hundred and eighty-nine, transfer from the fund established pursuant to section two H of chapter twenty-nine of the General Laws, to the extent that funds are available therein, to the General Fund the amount of any negative undesignated fund balance in the General Fund, if any, for the fiscal year nineteen hundred and eighty-nine.

(b) As of June thirtieth, nineteen hundred and eighty-nine, the comptroller shall transfer from the General Fund, to the extent that funds are available therein prior to transfers made pursuant to subsection (a), to the Local Aid Fund the amount of the Local Aid Fund deficit, if any, for the fiscal year nineteen hundred and eighty-nine.

(c) As of June thirtieth, nineteen hundred and eighty-nine, the comptroller shall transfer from the General Fund, to the extent that funds are available therein prior to transfers made pursuant to subsection (a) and, after transfers made pursuant to subsection (b), to the Highway Fund the amount of the Highway Fund deficit, if any, for the fiscal year nineteen hundred and eighty-nine.

(d) To the extent that funds remain available in the fund established pursuant to section two H of chapter twenty-nine of the General Laws after the transfer made pursuant to subsection (a), the comptroller shall transfer from said fund to the Local Aid Fund the amount of the Local Aid Fund deficit if any remains after transfers made pursuant to subsection (b) for the fiscal year nineteen hundred and eighty-nine; and to the extent that funds remain available in said fund established pursuant to said section two H after said transfers, the comptroller shall likewise transfer from said fund to the General Fund the amount of the Highway Fund deficit, if any remains after transfer made pursuant to subsection (c), and shall subsequently transfer said amount from the General Fund to the Highway Fund for the fiscal year nineteen hundred and eighty-nine.

SECTION 9. Notwithstanding any general or special law to the contrary, the comptroller is hereby authorized to transfer from the following items such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and eighty-nine to those of the following items which would otherwise have insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and eighty-nine; provided that each amount so transferred shall be charged to such Funds as specified in the item to which said amount is transferred: `tuc 0699-1800 0699-1801 0699-1900 0699-2800 0699-2900 0699-3800 0699-3801 0699-3900 0699-4800 0699-4801 0699-4900 0699-5800 0699-5801 0699-5900 0699-6800 0699-6801 0699-6900 0699-7800 0699-7801 0699-7900 0699-8300 0699-8301 0699-8302 0699-8400 0699-8401 0699-8402 0699-9100 0699-9200

SECTION 10. For the purpose of accommodating delayed receipt of revenues in fiscal year nineteen hundred and ninety, authorized to be retained in the following items during fiscal year nineteen hundred and ninety, the below named departments are hereby authorized to incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year nineteen hundred and ninety, to be charged to said items, in amounts not to exceed the amounts specified below for each said item, for the authorized purposes of said item.

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2120-0810 `tc4 `tc6 $200,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Massachusetts Commission for the Blind. `tc1 4110-4035 `tc4 `tc6 $100,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Department of Correction. `tc1 4311-0007 `tc4 `tc6 $524,655 `tc1 4311-7001 `tc4 `tc6 $115,000 `tc2 Department of Mental Health. `tc1 5047-0100 `tc4 `tc6 $160,000 `tcol;end

SECTION 11. Notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the comptroller is hereby authorized to approve payments for certain contracted services rendered in fiscal year nineteen hundred and eighty-nine for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other such general or special law were not properly followed; provided, however, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed; provided further, that such payments shall be based on schedules approved by the secretary of administration and finance and provided to the house and senate committees on ways and means; provided further, that sufficient funds for such payments existed within the appropriate items as of June thirtieth, nineteen hundred and eighty-nine; provided further, that said comptroller is hereby authorized to make payments for certain contracted services rendered in prior fiscal years for which certain regulations and procedures adopted as aforesaid were not properly followed; provided further, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed; provided further, that such prior year payments shall be based on schedules approved by said secretary of administration and finance and provided to the house and senate committees on ways and means, and shall be charged according to the provisions of an account established for the purpose of paying prior year deficiencies; provided further, that such payments, where appropriate, may be paid from capital appropriations, federal grants, or trust funds; provided further, that the comptroller is hereby authorized to make payments for certain contracted services for highway or railroad purposes rendered prior to the effective date of this act for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other such general or special law were not properly followed; provided, however, that the secretary of the executive office of transportation and construction shall certify in writing that such services were actually performed; and provided further, that sufficient funds for such payments exist in accounts made available from acts in effect prior to the effective date of this act; and provided further, that this section shall not apply to payments authorized pursuant to section two for such purposes.

SECTION 12. The entity established pursuant to chapter two hundred and twelve of the acts of nineteen hundred and seventy-five shall reimburse the commonwealth six million dollars for contract assistance provided by the commonwealth to section eight B of said chapter two hundred and twelve; provided, that said entity shall make said reimbursement no later than July thirty-first, nineteen hundred and eighty-nine; and provided further, that notwithstanding any provision of general or special law to the contrary, said entity is hereby authorized to use or borrow from any of its various assets and accounts, including without limitation bond proceeds as described in said section eight B, as necessary in order to make said payment; and provided further, that the comptroller shall deposit said payment in the General Fund; and provided further, that said payments shall be accounted for as transactions of the fiscal year ending June thirtieth, nineteen hundred and eighty-nine.

SECTION 13. Notwithstanding the provisions of section five C of chapter twenty-nine of the General Laws, the comptroller shall, not later than forty-five days after the effective date of this act, certify to the commissioner of administration a preliminary consolidated net surplus in the operating funds for fiscal year nineteen hundred and eighty-nine.

SECTION 14. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety, is hereby amended by striking out item 9000-1900 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9000-1900 `tc4 For the expenses of the office of travel and tourism, the operation of tourist information booths, and the promotion of vacation travel within the commonwealth, including the promotion and marketing of overseas international tourism; provided, that two hundred and fifty thousand dollars shall be expended on a cultural exchange program with the Soviet Union; provided further, that one hundred thousand dollars be expended for the Spirit of Massachusetts campaign; provided further, that the secretary of economic affairs, the undersecretary of economic development and the director of tourism shall develop and initiate planning and marketing strategies with both the council on arts and humanities and the department of environmental management for a comprehensive campaign for the promotion of travel and tourism within the commonwealth which incorporates the commonwealth's cultural and artistic attractions as well as its scenic and recreational resources; including not more than twenty-two positions `tc6 $6,500,000 `tcol;end

SECTION 15. For the fiscal year nineteen hundred and ninety and following years, the rate setting commission shall establish by regulation a payment methodology for clinical laboratory services to publicly aided individuals based exclusively on a fixed, uniform fee schedule that sets forth rates of payment for all or substantially all clinical laboratory services rendered by independent clinical laboratories. A fixed, uniform fee schedule shall mean a schedule of rates of payment under which all independent clinical laboratories receive the same listed payment for any listed procedure. For fiscal year nineteen hundred and ninety, the rates of payment under said fixed, uniform fee schedule shall be set at a level such that the average payment per test is approximately ninety-five percent of the average actual payment expended per test during fiscal year nineteen hundred and eighty-nine; provided, however, that no rate of payment established for fiscal year nineteen hundred and ninety for any listed test shall be lower than ninety percent of the average payment for the same procedure in fiscal year nineteen hundred and eighty-nine; provided further, that given a constant level of utilization the payment methodology established pursuant to this section shall ensure that the total payments for clinical laboratories from the department of public welfare in fiscal year nineteen hundred and ninety shall not exceed the total payments for fiscal year nineteen hundred and eighty-nine. In developing the fixed, uniform fee schedule for fiscal year nineteen hundred and ninety, the rate setting commission may make such reasonable estimates as are required by the availability of data, including using projections from the most recent quarter for which complete data are available. For fiscal year nineteen hundred and ninety-one and subsequent years, the rate setting commission shall establish a fixed, uniform fee schedule as defined above at a level determined to provide reasonable reimbursement. Notwithstanding the foregoing, the commission shall not be required by this section to approve any level of payment inconsistent with applicable federal requirements, including requirements for federal financial participation.

SECTION 16. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety, is hereby amended by striking out item 9081-7007 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 9081-7007 `tc4 For the operation of satellite job training centers `tc6 $989,282 `tc5 General Fund 80.0% Reemployment and Job Placement Fund 20.0% `tcol;end

SECTION 17. Notwithstanding any special or general law to the contrary, the unexpended balance of item 3724-3037 of section two A of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight, is hereby re-appropriated for the fiscal year nineteen hundred and ninety; provided, however, that not less than one hundred thousand dollars shall be provided to the town of Norwood for the purpose of community development and improvement in the south Norwood area as determined by the Norwood town meeting; provided, further, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies.

SECTION 18. For taxable years commencing on or after January first, nineteen hundred and eighty-nine and before January first, nineteen hundred and ninety, there is hereby imposed, in addition to the taxes levied under the provisions of chapter sixty-two of the General Laws on Part B taxable income as determined under the provisions of said chapter sixty-two, an additional tax at the rate of three hundred and seventy-five one thousandths of one percent on said Part B taxable income. All provisions of law relative to the assessment, collection, payment, abatement, verification and administration of taxes, including penalties, under the provisions of said chapter sixty-two shall be applicable to the additional tax imposed by this section.

For taxable years commencing on or after January first, nineteen hundred and ninety and before January first, nineteen hundred and ninety-one, there is hereby imposed, in addition to the taxes levied under the provisions of chapter sixty-two of the General Laws on Part B taxable income as determined under the provisions of said chapter sixty-two, an additional tax at the rate of seventy-five one hundredths of one percent on said Part B taxable income. All provisions of law relative to the assessment, collection, payment, abatement, verification and administration of taxes, including penalties, under the provisions of said chapter sixty-two shall be applicable to the additional tax imposed by this section.

SECTION 19. Notwithstanding the provisions of section eighteen of this act or any other general or special law to the contrary, "Part B taxable income" as used in said section eighteen shall not include unemployment compensation, alimony, Massachusetts bank interest, rental income, pension and annuity income or IRA/Keogh distributions. During the taxable years the provisions of said section eighteen are in effect, unemployment compensation, alimony, Massachusetts bank interest, rental income, pension and annuity income and IRA/Keogh distributions after taking the applicable deductions and exemptions provided herein, shall be "Part C taxable income" and shall be taxed at the rate of five percent. Any deduction allowable under paragraph (d) of section two or Part B of section three of chapter sixty-two of the General Laws shall be applied first against Part B income, except that the deduction under subparagraph (6) of paragraph (a) of said Part B of said section three shall only be applied against Massachusetts bank interest. Any excess of said deductions, other than the deduction under said subparagraph (6) of said paragraph (a) of said Part B of said section three, and any resulting Part B net loss may then be applied against Part C income. The total exemptions allowable under said Part B of said section three shall first be applied against Part B income and any excess exemptions shall then be applied against Part C income and lastly against Part A income as provided and limited by paragraph (b) of Part A of said section three.

For purposes of this section Massachusetts bank interest means those interest and dividends as defined in subparagraph (A) of paragraph (1) of subsection (b) of section two of said chapter sixty-two.

The provisions of this section shall not in any way affect or modify the exemption provided in paragraph (a) of section five of said chapter sixty-two.

During the period that the provisions of section eighteen and this section are in effect, Part B income as referred to in said chapter sixty-two, except as modified herein, shall include Part B income and Part C income, both as defined herein.

SECTION 20. Notwithstanding the provisions of any special or general law to the contrary, the provisions of this section shall limit the growth of state spending in any fiscal year ending on or after June thirtieth, nineteen hundred and ninety-one.

The words in this section shall have the meanings attributed to them in section one of chapter twenty-nine of the General Laws, provided that the following three phrases shall have the following meanings unless the context clearly requires otherwise:-

State revenue, all income collected and retained by the state as defined in said section one of said chapter twenty-nine; provided that net transfers to the budgetary funds shall also be included; provided that any extraordinary transfers shall not be included in the amount of net transfers; provided, further, that federal grants shall not be included; and provided, further, that both encumbered and unencumbered monies from a prior fiscal year shall not be included, provided, further, that revenue derived by section eighteen of the act shall not be included.

"State spending", all expenditures by the state from budgetary funds, including debt service accounts, and all expenditures from revenue retention accounts; provided that expenditures from bond funds, federal reimbursements for capital expenditures, trust funds, and federal grants shall not be included.

"Steady-state budgeting", a restriction on the growth of state spending in any fiscal year to a five percent increase over the amount of state revenue collected in the previous fiscal year.

Notwithstanding any of the provisions of section five B of said chapter twenty-nine to the contrary, the commissioner of administration shall annually on or before August fifteenth prepare an estimate of the total amount of state revenue to be collected in the then current fiscal year and the amount of state spending to be allowed in the subsequent fiscal year, such amount to be equal to a five percent increase over the total of state revenue estimated for the then current fiscal year. The commissioner shall notify the house and senate committees on ways and means of the amounts so determined. The commissioner may from time to time recalculate the amount of state spending allowed pursuant to steady-state budgeting for the subsequent year and shall notify said committees of any such recalculation.

The governor shall recommend an annual budget which limits state spending for the next fiscal year to an amount equal to a five percent increase over the then current fiscal year expected state revenue total.

The house and senate committees on ways and means shall also recommend to their respective chambers of the general court an annual budget which limits state spending for the next fiscal year to an amount equal to a five percent increase over the then current fiscal year expected state revenue total.

The main appropriation act enacted by the general court shall also limit state spending for the fiscal year to an amount equal to a five percent increase over the previous fiscal year state revenue total. If in the opinion of the governor, such main appropriation act does not meet the requirements of steady-state budgeting, then the governor shall reduce items so that said requirements shall be met, subject to the requirements of Section 5 of Article LXIII of the Amendments to the Constitution.

The governor and the general court shall continue to take steps necessary throughout the fiscal year to limit state spending to an increase of five percent over the prior year state revenue amount. No supplemental appropriation act shall be approved which will increase state spending above the steady-state budgeting limit.

SECTION 21. In the fiscal year ending June thirtieth, nineteen hundred and ninety, the department of public welfare is hereby authorized to expend the amount of four hundred and eighty-eight million dollars for services provided in prior fiscal years to recipients of the medical assistance program established by chapter one hundred and eighteen E of the General Laws; provided that not less than two hundred eighty-three million dollars of said amount shall be expended for the payment of nursing home and hospital settlements and retroactive rate adjustments under said medical assistance program for fiscal years nineteen hundred and eighty-five to nineteen hundred and eighty-eight, inclusive, as approved by the rate setting commission; and provided, further, that not more than two hundred and five million dollars of said amount shall be expended for services provided to said recipients in fiscal year nineteen hundred and eighty-nine.

The amounts appropriated by this section shall be in addition to any previous or subsequent appropriations for said medical assistance program. All expenditures pursuant to this section shall be made from and charged to the Medical Assistance Liability Fund established by this act.

SECTION 22. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Liability Reduction Fund. The Commonwealth Liability Reduction Fund shall consist of all revenues received by the commonwealth under the provisions of section eighteen of this act until the purposes of said fund have been satisfied and any income derived from the investment of amounts credited to said fund. Expenditures from the Commonwealth Liability Reduction Fund are hereby authorized for the purposes of debt service payments attributable to the Commonwealth Liability Reduction Loan, Act of 1989, so-called, and of certain debt service payments attributable to the Medical Assistance Liability Loan, Act of 1989, so-called, as further provided for in this section. All revenues credited to the Commonwealth Liability Reduction Fund shall remain in said fund to be held in trust and used solely and without further appropriation for the purposes set forth herein.

There shall also be established and set up on the books of the commonwealth a separate fund to be known as the Medical Assistance Liability Fund. The Medical Assistance Liability Fund shall consist of all revenues received by the commonwealth (1) from the sale of bonds and notes authorized pursuant to the Medical Assistance Liability Loan, Act of 1989, so-called, (2) under the provisions of section eighteen of this act after the purposes of the Commonwealth Liability Reduction Fund have been satisfied, (3) from the federal government as federal financial participation pursuant to Title XIX of the Social Security Act on account of any payments made from the Medical Assistance Liability Fund, and (4) any income derived from the investment of amounts credited to the Medical Assistance Liability Fund. Expenditures from the Medical Assistance Liability Fund are hereby authorized for the purposes of (1) payments under the medical assistance program as provided for in section twenty-one of this act and (2) debt service payments attributable to the Medical Assistance Liability Loan, Act of 1989, so-called, as further provided for in this section. All revenues credited to the Medical Assistance Liability Fund shall remain in said fund to be held in trust and used solely and without further appropriation for the purposes set forth herein.

All expenditures from the Commonwealth Liability Reduction Fund and the Medical Assistance Liability Fund shall be made in accordance with a schedule of payments and receipts established by the commissioner of administration after consultation with the commissioner of revenue, the commissioner of public welfare, and the state treasurer; provided, that said schedule, and any revision thereto, shall be filed by the commissioner of administration with the house and senate committees on ways and means on a monthly basis and prior to any such expenditures.

All revenues received by the commonwealth under the provisions of section eighteen of this act shall be deposited into the Commonwealth Liability Reduction Fund as soon as possible but not later than on a monthly basis until such date as the commissioner of administration, after consultation with the state treasurer, shall certify that sufficient monies are available in said fund, or will become available by adding futures earnings on such monies in said fund, to meet debt service payments attributable to the Commonwealth Liability Reduction Loan, Act of 1989, so-called, in a timely manner and to meet any other obligation of said fund. Upon such date so certified, all revenues received by the commonwealth under the provisions of section eighteen of this act shall be deposited into the Medical Assistance Liability Fund as soon as possible but not later than on a monthly basis. Prior to such date so certified, expenditures may be made from the Commonwealth Liability Reduction Fund for the purpose of meeting debt service payments attributable to the Medical Assistance Liability Loan, Act of 1989, so-called, in a timely manner. Subsequent to such date so certified, expenditures may be made from the Medical Assistance Liability Fund for the purpose of meeting debt service payments attributable to the Commonwealth Liability Reduction Loan, Act of 1989, so-called, in a timely manner, if monies in the Commonwealth Liability Reduction Fund prove to be insufficient.

Except as otherwise provided herein, no transfers shall be allowed among the Commonwealth Liability Reduction Fund and any other funds including the General Fund nor among the Medical Assistance Liability Fund and any other funds including the General Fund. The unexpended balance remaining in the Commonwealth Liability Reduction Fund after payment of all obligations attributable to the Commonwealth Liability Reduction Loan, Act of 1989, so-called, shall be transferred to the Medical Assistance Liability Fund. Any unexpended balance remaining in the Medical Assistance Liability Fund shall remain in said fund and shall not revert to the General Fund or any other fund.

SECTION 23. Notwithstanding the provisions of any general or special law to the contrary, any employee of the commonwealth who received during the fiscal year nineteen hundred and eighty-nine a total gross compensation from the commonwealth equal to or in excess of sixty thousand dollars shall not receive during fiscal year nineteen hundred and ninety any compensation in excess of the compensation received by such employee in fiscal year nineteen hundred and eighty-nine; provided, however, that this section shall not apply to any such employee whose employment position has changed.

SECTION 24. The house committee on ways and means shall conduct a study on the utilization rates and the costs incurred by the commonwealth in maintaining the Medicaid, aid to families with dependent children, and general relief programs. Said study shall examine past and recent caseload trends in the Aid for Dependent Children and GR programs, and shall focus particularly on recent caseload increases and associated cost increases. Said study shall also examine the rapidly increasing costs associated with the Medicaid program, and shall recommend savings initiatives to control these costs. The committee shall hold public hearings as necessary to facilitate said study. The committee shall complete said study on or before January first, nineteen hundred and ninety.

SECTION 25. Notwithstanding any special or general law to the contrary, any city with a population of no greater than thirty-five thousand persons, as determined by the secretary of state in the nineteen hundred and eighty-five census, which received an equal educational opportunity grant in fiscal year nineteen hundred and eighty-nine, and is eligible to receive a grant pursuant to item 3000-0302 of section two of the general appropriation act for fiscal year nineteen hundred and ninety is hereby required to maintain a level of expenditure for its public schools in fiscal year nineteen hundred and ninety at a dollar amount at least equal to that spent in fiscal year nineteen hundred and eighty-nine; provided that for the purpose of determining said expenditure level, any fringe benefit costs, including, but not limited to, costs for health insurance premiums and retirement benefits shall not be taken into consideration; provided further, that the commissioner of education shall be responsible for determining which school systems are affected by this section; provided further, that the commissioner of the department of revenue, in conjunction with the division of local services within the department of revenue, shall be responsible for determining compliance with this section; provided further that any city which fails to comply with the provisions of this section shall not receive any state funds pursuant to chapter seventy of the General Laws, pursuant to line-item 0611-5500 of the general appropriation act for fiscal year nineteen hundred and ninety, or pursuant to item 1599-3800 of the general appropriation act for fiscal year nineteen hundred and ninety; and provided further, that the provisions of this section shall not apply to any city which does not receive in fiscal year nineteen hundred and ninety a grant pursuant to chapter seventy of the General Laws and pursuant to item 0611-5500 of section two of the general appropriation act for fiscal year nineteen hundred and ninety of an amount equal to or greater than the grant received in fiscal year nineteen hundred and eighty-nine pursuant to said items.

SECTION 26. Section seventy-nine of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety, is hereby repealed.

SECTION 27. Section 2C of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by striking out item 9081-0501 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc2 Department of Employment and Training. `tc1 9081-0501 `tc4 The commissioner of the department of employment and training may expend revenues received pursuant to section fourteen H of chapter one hundred and fifty-one A of the General Laws as inserted by section two of chapter nineteen of the acts of nineteen hundred and eighty-nine, in an amount not to exceed seven hundred thirteen thousand dollars, for the costs of administering the reemployment and job placement fund and contributions, including an amount as determined by the United States Secretary of Labor in accordance with federal cost rules, if applicable, pursuant to said section `tc6 $534,750 `tcol;end

SECTION 28. The rate setting commission and the department of public welfare shall within one hundred and twenty days of the effective date of this act certify and approve any outstanding rates or settlements for hospitals for hospital fiscal years nineteen hundred and eighty-five, nineteen hundred and eighty-six, nineteen hundred and eighty-seven, and nineteen hundred and eighty-eight and determine the cumulative obligations resulting from said rates or settlements; provided further that if said nineteen hundred and eighty-eight rates or settlements can not be determined within one hundred and twenty days, the rate setting commission shall document the reasons why said rates and settlements can not be determined and file said reasons with the clerks of the house of representatives and the senate.

SECTION 29. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety, is hereby amended by striking out item 1107-2400 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1107-2400 `tc4 For the office of handicapped affairs, including not more than fifteen positions `tc6 $660,000 `tcol;end

SECTION 30. Section two of the general appropriation act is hereby amended by inserting after item 8000-0160 the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc2 Architectural Access Board. `tc1 8000-0500 `tc4 For the expenses of the board, including not more than seven positions `tc6 $217,000 `tcol;end

SECTION 31. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by striking out item 3722-9018 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 3722-9018 `tc4 For state financial assistance for supportive services, job training, and adult education for the purpose of assisting the residents of local housing authorities established pursuant to section three of chapter one hundred and twenty-one B of the General Laws; provided further, that the secretary may enter into contracts directly with public housing tenant organizations for not less than two hundred and eight thousand dollars, including not more than two positions `tc6 $5,525,000 `tcol;end

SECTION 32. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety is hereby amended by striking out item 4800-0030 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4800-0030 `tc4 For the delivery of foster care services and the parenting partnership program to children in the care of the department, including not more than two thousand four hundred and fifty children in care for more than twenty-four months, including the provision of foster care subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred; provided, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund `tc6 $38,100,000 `tcol;end

SECTION 33. Section two of the general appropriation act for the period ending June thirtieth, nineteen hundred and ninety, is hereby amended by striking out item 7061-1000 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 7061-1000 `tc4 For equal education opportunity grants to cities, towns, regional school districts and independent vocational schools to increase spending on direct services in districts where actual expenditures on direct services in fiscal year nineteen hundred and eighty-eight or prior years was less than eighty-five percent of the state average of such expenditures, pursuant to chapter seventy A of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or independent vocational school and held as a separate account and shall be expended by the school committee of such city, town, regional school district or independent vocational school without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $110,000,000 `tc5 Local Aid Fund 100.0% `tcol;end

SECTION 34. Any correction facility, constructed on the property of Western Massachusetts Hospital that was temporarily transferred from the use of the department of public health to the use of the department of correction for a term of less than five years for a temporary correctional facility, shall cease to operate thirty days after the opening of the permanent jail replacing the present correction facility at York Street in the city of Springfield or after renovations to expand the existing jail at York Street in the city of Springfield are completed, whichever comes first.

SECTION 35. Section 78 of chapter 6A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the third paragraph and inserting the following paragraph:-

Any hospital which predominantly limits its admissions to patients under active diagnosis and treatment of eyes, ears, nose, and throat, may, at its option, annually elect to be exempt from sections seventy-nine to eighty-eight, inclusive, and establish, prospectively and retrospectively, its approved gross patient service revenue, its Blue Cross rate of payment and compliance with approved gross patient service revenues in accordance with section one hundred.

SECTION 36. The second paragraph of paragraph (c) of section 80 of said chapter 6A, as so appearing, is hereby amended by inserting after the word "Cod", in line 69, the words:- , Massachusetts Eye and Ear Infirmary.

SECTION 37. Paragraph (f) of said section 80 of said chapter 6A, as so appearing, is hereby amended by adding the following clause:-

(vii) the Massachusetts Eye and Ear Infirmary may elect to have its Inpatient Volume Adjustment calculated in accordance with Hospital Agreement 31; provided, however, that the hospital shall have a downside corridor of five percent in its fiscal year nineteen hundred and eighty-eight, and seven percent in each succeeding fiscal year.

SECTION 38. The second paragraph of paragraph (c) of section 81 of said chapter 6A, as so appearing, is hereby amended by adding the following sentence:- The Massachusetts Eye and Ear Infirmary shall be exempted from said volume adjustment if an election was made to have its inpatient volume adjustment allowances calculated in accordance with hospital agreement thirty-one as described in paragraph (f) of said section eighty.

SECTION 39. Section 99 of said chapter 6A, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any provisions of this section to the contrary, any nonprofit hospital service corporation, as defined in chapter one hundred and seventy-six A, shall be liable for, and required to timely pay to any comprehensive cancer center, the nonprofit hospital services corporation's share of the compliance carry-forward from Hospital Agreements 29 and 30; provided, however, that the total liability of such nonprofit hospital service corporation under this sentence shall not exceed six hundred thousand dollars.

SECTION 40. Paragraph (b) of section 100 of said chapter 6A, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

An eye and ear hospital must annually elect to have its payments governed by this section or payments to the hospital shall be governed by sections seventy-nine to eighty-eight, inclusive.

SECTION 41. The second paragraph of section 33 of chapter 21 of the General Laws, as so appearing, is hereby amended by striking out clause (iv) and inserting in place thereof the following clause:-

(iv) that in the event that a combined sewer outfall project or a project eligible for such a federal grant has not been awarded a federal grant, the division may, in fiscal years nineteen hundred and eighty-six through nineteen hundred and ninety-four, inclusive, award a grant of up to seventy percent of the eligible costs of such project.

SECTION 42. Paragraph (b) of section 30 of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out the definition of "Public body" and inserting in place thereof the following definition:-

"Public body", the commonwealth, and any body politic and corporate of the commonwealth, including any political subdivision or instrumentality thereof, which is empowered to issue bonds secured by a pledge of revenues or other special funds or assets, including any municipality or district for which the issuance of debt is governed or limited by the provisions of chapter forty-four.

SECTION 43. Said paragraph (b) of said section 30 of said chapter 23A, as so appearing, is hereby further amended by striking out the definition of "Institution" and inserting in place thereof the following definition:-

"Institution", a nonprofit corporation organized to operate a facility or facilities that provide cultural or educational services, but not including (i) a nonprofit hospital within the commonwealth licensed by the department of public health, (ii) a nonprofit health maintenance organization within the commonwealth licensed by the commissioner of insurance, and (iii) a nonprofit nursing home within the commonwealth licensed by the department of public health; provided, however, that any such hospital, health maintenance organization, or nursing home shall be considered to be an institution for the purposes of financing any project approved by the board on or before September first, nineteen hundred and eighty-nine; provided, further, that any such hospital, health maintenance organization, or nursing home shall be considered to be an institution for the subsequent refinancing or refunding of any project approved by the board on or before September first, nineteen hundred and eighty-nine; and provided, further, that nothing in this definition shall be construed to limit the power or authority of the agency to provide financing to any person which is otherwise authorized by this chapter or any other provision of law.

SECTION 44. Paragraph (c) of section 35 of said chapter 23A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The agency may issue bonds for the purpose of financing such lending.

SECTION 45. Chapter 29 of the General Laws is hereby amended by inserting after section 5D the following section:-

Section 5E. At the close of each fiscal year, the comptroller shall determine the amounts expended during the fiscal year for the maintenance and administration of the several funds of the commonwealth by the office of the state comptroller, including costs incurred by the treasury and the auditor, and including fringe benefit costs. On the basis of said determination, the comptroller shall charge each fund for its proportion of maintenance and administration costs expended from the General Fund. Said charges are to be based upon an allocation plan developed by the comptroller and approved by the commissioner of administration and finance. Said plan shall consider such factors as volume of fiscal activity, including payroll and other factors, as the comptroller deems appropriate. The amounts so charged shall be credited to the General Fund.

SECTION 46. Section 1 of chapter 62 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) "Dividend", any item of federal gross income which is treated as a dividend under the provisions of the Code.

SECTION 47. Paragraph (1) of subsection (a) of section 2 of said chapter 62, as so appearing, is hereby amended by striking out subparagraph (E) and inserting in place thereof the following subparagraph:-

(E) Amounts excluded under Subchapter S of the Code with respect to a federal S corporation which is subject to taxation under this chapter as a corporate trust.

SECTION 48. Paragraph (2) of said subsection (a) of section 2 of said chapter 62, as so appearing, is hereby amended by striking out subparagraph (B) and inserting in place thereof the following subparagraph:-

(B) Amounts included under Subchapter S of the Code with respect to a federal S corporation which is subject to taxation under this chapter as a corporate trust.

SECTION 49. Paragraph (1) of subsection (d) of said section 2 of said chapter 62, as so appearing, is hereby amended by striking out subparagraph (J) and inserting in place thereof the following subparagraph:-

(J) Any deduction allowed by Subchapter S of the Code with respect to a federal S corporation which is subject to taxation under this chapter as a corporate trust.

SECTION 50. Paragraph (b) of section 8 of said chapter 62, as so appearing, is hereby amended by striking out clause (v).

SECTION 51. Paragraph (c) of section 8 of said chapter 62, as so appearing, is hereby amended by adding the following paragraph:-

Dividends on shares of any corporate trust subject to taxation under this chapter and which is a federal S corporation shall also be exempt from taxation.

SECTION 52. Section 17A of said chapter 62, as so appearing, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) The provisions of this section shall not apply to shareholders of an S corporation which is subject to taxation as a corporate trust under this chapter.

SECTION 53. Chapter 63 of the General Laws is hereby amended by striking out section 32D, as so appearing, and inserting in place thereof the following section:-

Section 32D. Any domestic business corporation or foreign corporation subject to tax under section thirty-two or thirty-nine which is an S corporation, as defined under section thirteen hundred and sixty-one of the Federal Internal Revenue Code, as amended and in effect for the taxable year, shall determine the net income measure of the excise as follows:

(a) Such net income shall be determined by taking into account the provisions of Subchapter S of said Code. Income or loss shall be determined as if it were realized or incurred directly by an individual subject to taxation under chapter sixty-two. Income shall be includible in the net income measure under this subsection to the extent that such income is taxed to the S corporation for federal income tax purposes; and

(b) Any such domestic business corporation or foreign corporation which is an S corporation and which has total receipts for the taxable year of six million dollars or more shall also include in the net income measure of the excise imposed under section thirty-two or thirty-nine an amount determined by multiplying its net income determined to be taxable in accordance with the provisions of this chapter by one of the following rates, in lieu of the rate provided in such section thirty-two or thirty-nine:

(1) If total receipts for the taxable year are at least six million dollars but less than nine million dollars, two and sixty-three one hundredths percent; and

(2) If total receipts for the taxable year are nine million dollars or more, three and ninety-five one hundredths percent.

For purposes of this subsection, net income determined to be taxable in accordance with the provisions of this chapter shall be determined without taking into account the provisions of Subchapter S of said Code, and shall not include income that is taxed to the S corporation at the entity level under subsection (a). "Total receipts" mean gross receipts or sales, less returns and allowances, and includes dividends, interest, royalties, capital gain net income, rental income and all other income. The cost of goods sold or the cost of operations shall not be deductible in determining such total receipts. The commissioner shall, by regulation, apply such limits on an aggregate basis to S corporations engaged in a unitary business with majority direct or indirect ownership by common stockholders. Such aggregating shall also include any other type of entity so engaged and so owned which the commissioner finds was established or the purpose of avoiding the foregoing limits.

SECTION 54. Section 40 of chapter 131 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

No person shall remove, fill, dredge or alter any bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention to so remove, fill, dredge or alter, including such plans as may be necessary to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Said notice shall be filed by delivery in hand to the conservation commission or its authorized representative or by certified mail, return receipt requested, to said commission, or, if none, to the board of selectmen in a town or the mayor of a city in which the proposed activity is to be located. Upon such filing, the receipt of such notice shall be acknowledged in writing on the face thereof and shall include the time and date so received. A person delivering said notice by hand shall be given a receipt in writing acknowledging the time and date of such filing. Copies of such notice shall be sent at the same time by certified mail to the department of environmental quality engineering. To defray state and local administrative costs each person filing such a notice shall pay a filing fee, determined on a sliding scale basis by the commissioner of administration after consultation with the secretary of environmental affairs. Fifty percent of any filing fee in excess of twenty-five dollars shall be made payable to the department of environmental quality engineering, in a manner to be determined by the commissioner of environmental quality engineering, at the same time as the copies of the notice are sent to the department of environmental quality engineering. The remainder of said fee shall be made payable to the city or town; provided, that said remainder shall be expended solely by the local conservation commission for the performance of its duties under this chapter and shall accompany the copy of the notice sent to the city or town. No such notice shall be sent before all permits, variances, and approvals required by local by-law with respect to the proposed activity, which are obtainable at the time of such notice, have been obtained, except that such notice may be sent, at the option of the applicant, after the filing of an application or applications for said permits, variances, and approvals; provided, that such notice shall include any information submitted in connection with such permits, variances, and approvals which is necessary to describe the effect of the proposed activity on the environment. Upon receipt of any notice hereunder the department of environmental quality engineering, hereinafter called the department, shall designate a file number for such notice and shall send a notification of such number to the person giving notice to the conservation commission, selectmen or mayor to whom the notice was given. Said notification shall state the name of the owner of the land upon which the proposed work is to be done and the location of said land.

SECTION 55. The first paragraph of section 13 of chapter 136 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "seventeenth", in line 5, the words:- , the second Monday in October after the hour of twelve noon.

SECTION 56. The second paragraph of said section 13 of said chapter 136, as so appearing, is hereby amended by inserting after the word "eleventh", in line 9, the words:- , the second Monday in October.

SECTION 57. The first paragraph of section 13 of chapter 136 of the General Laws, as so appearing, is hereby amended by inserting after the word "seventeenth", in line 5, the words:- , the second Monday in October after the hour of twelve noon.

SECTION 58. The second paragraph of said section 13 of said chapter 136, as so appearing, is hereby amended by inserting after the word "eleventh", in line 9, the words:- , the second Monday in October.

SECTION 59. Chapter 208 of the General Laws is hereby amended by striking out section 34, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 34. Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other. In determining the amount of alimony, if any, to be paid, or in fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court may also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. When the court makes an order for alimony on behalf of a spouse, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor do one of the following: exercise the option of additional coverage in favor of the spouse, obtain coverage for the spouse, or reimburse the spouse for the cost of health insurance. In no event shall the order for alimony be reduced as a result of the obligor's cost for health insurance coverage for the spouse.

SECTION 60. Section 9 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) If the court finds that a parent is chargeable with the support of a child, the court shall make an order in accordance with subsection (c) requiring a parent to pay weekly or at other fixed periods a sum for and toward the current support and maintenance of such child. An order or judgment of support pursuant to this chapter may be entered notwithstanding the default of the defendant or his failure to appear personally. When the court makes an order or judgment for maintenance or support of a child, said court shall determine whether the obligor under such order or judgment has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support judgment or order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child. In addition, the court may order one party to pay the other party including the department of public welfare a sum for past support including payment for medical expenses consistent with the provisions of subsection (f).

SECTION 61. Section 4 of chapter 212 of the acts of 1975 is hereby amended by striking out clause (k), as amended by section 3 of chapter 738 of the acts of 1987, and inserting in place thereof the following clause:-

(k) take possession and manage on behalf of the commonwealth or acquire on its own behalf lands, improvements thereon, and related personal property, hereinafter called lands, or an interest therein, (1) from the United States, which lands, or interest therein, were used for Westover Air Force Base, the Chelsea Naval Hospital, or the Boston Naval Shipyard, including the South Boston Annex, the Boston Army Base and all other lands owned by the United States and used in connection with or for purposes related to the operations of the Boston Naval Shipyard or the Boston Army Base, subject to such restrictions as may be imposed on such acquisition by the United States, and including, without limitation, any other property of the United States lying within the commonwealth and declared surplus by the United States, subject to such restrictions as may be imposed on such acquisition by the United States, hereinafter called the federal surplus lands; (2) from the commonwealth any lands which have been determined to be surplus to direct public uses by the commonwealth or by public agencies, hereinafter called state surplus lands; (3) lands declared decadent, substandard or blighted open areas by the bank, which lands shall include, but not be limited to, areas that are of such a character that they are in essence detrimental to the safety, health, morals, welfare or sound growth of the community in which they are situated because fluctuations in the real estate market or a substantial change in business and economic conditions or practices have rendered the sale or efficient use of existing, new or renovated buildings or facilities thereon impractical without the aids provided herein, or because of an abandonment or cessation of a previous use thereon or the abandonment or cessation of work on improvements, facilities or buildings begun thereon but not feasible to complete or sell without the aids provided herein, or because of any combination of the foregoing reasons or other conditions not being remedied by the ordinary operations of private enterprise, hereinafter called blighted lands; and (4) lands declared appropriate by the bank for the establishment, development, improvement, redevelopment, stabilization, operation or maintenance of small business incubator facilities, including, without limitation, existing small business incubator facilities, hereinafter called incubator development lands.

SECTION 62. Said section 4 of said chapter 212 is hereby further amended by striking out clause (q), as amended by section 5 of said chapter 738, and inserting in place thereof the following clause:-

(q) make and administer loans, provide credit enhancement whether by loan guaranties, letters of credit, insurance or otherwise, and grants of its funds to persons, including without limitation governmental agencies and instrumentalities, and sell participations in said loans or purchase participations in the loans of others, for the acquisition, development, redevelopment, improvement or use of lands described in clause (k), for the construction, rehabilitation, improvement, demolition or maintenance of buildings thereon, for the acquisition, establishment, development, redevelopment, stabilization, management, improvement, maintenance or operation of small business incubator facilities thereon, including, without limitation existing small business incubator facilities, for funding of operating and replacement reserves for such small business incubator facilities, for the capitalization or stabilization of present or future occupants of such small business incubator facilities, and for any other use or purpose necessary or convenient for carrying out the powers expressly granted by this act, on such terms as the bank may determine to be necessary and consistent with the provisions of this act; provided, however, that any new building construction for a small business incubator facility shall only be considered after exhausting all available alternatives of redevelopment, stabilization and improvement of existing blighted, decadent, distressed and substandard properties.

SECTION 63. Said chapter 212 is hereby further amended by striking out section 7A, as amended by section 9 of said chapter 738, and inserting in place thereof the following section:-

Section 7A. The bank may make grants and undertake financing transactions as provided in clause (q) of section four only upon the approval by the bank of an application containing the following information:

(a) identification of the applicant;

(b) a description of the project including a financing plan;

(c) a description of how the bank's interest will be secured; and

(d) a description of the public benefits to be derived from the project.

No such application shall be approved by the bank unless the bank finds that the project represented in such application provides for the capitalization or stabilization of a business that is or will be located in a small business incubator facility or for the acquisition, development, improvement, redevelopment, operation, maintenance or use of lands, in whole or in part, or the construction, rehabilitation, demolition or maintenance of the buildings thereon, or the acquisition, establishment, development, improvement, redevelopment, stabilization, management or operation of small business incubator facilities thereon, substantially for industrial, commercial or residential uses which will prevent or eliminate blight, economic dislocation, economic distress or unemployment, or for the construction, rehabilitation or maintenance upon such lands of decent, safe and sanitary housing, at least twenty-five percent of which will be made available to persons of low and moderate income, or for such other public purposes as the bank may determine are generally consistent with the provisions of this act; that such project is consistent with the sound needs of the locality as a whole, with particular regard to the prevention of blight, economic dislocation, economic distress or unemployment, or the alleviation of the shortage of such housing; that such project is financially sound; and that such project meets such other requirements as the bank may by regulation establish.

SECTION 64. Section 8B of said chapter 212 is hereby further amended by striking out the second paragraph, as amended by section 11 of chapter 738 of the acts of 1987, and inserting in place thereof the following paragraph:-

Amounts received by the bank from debt obligations issued pursuant to this act shall be used for the purposes of acquisition, holding, protection, maintenance, repair, stabilization, operation, management, development, redevelopment, improvement and use of lands described in clause (k) of section four, for making grants and undertaking financing transactions as provided in clause (q) of said section four, for the acquisition of stock, options or warrants as provided in clause (s) of said section four, for refunding other such debt obligations, or for provision of personnel and administrative costs of the bank as provided by this act.

SECTION 65. Item 1599-0103 in section 2 of chapter 188 of the acts of 1984 is hereby amended by inserting after the word "eighty-four", as appearing in section 3 of chapter 54 of the acts of 1985, the words:- and June twenty-third, nineteen hundred and eighty-nine,- by inserting after the word "towns", in line 5, the words:- and to meet the costs certain damages suffered by certain cities and towns in Worcester County suffered as result of a storm on July tenth, nineteen hundred and eighty-nine,- and by inserting after the word "damage", in line 14, the words:- provided, however that all agricultural flood damage restoration and prevention work carried out under the provisions of this item shall be deemed emergency measures and need comply only with applicable laws and regulations in effect as of June fourth, nineteen hundred and eighty-four.

SECTION 66. The fourth paragraph of section 1 of chapter 786 of the acts of 1985, as most recently amended by section 45 of chapter 208 of the acts of 1988, is hereby further amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- Any funds up to the twenty million dollar annual ceiling left unobligated or unexpended in any fiscal year shall be carried over and shall be available for expenditure through fiscal year nineteen hundred and ninety-four. Any funds obligated but not expended prior to the close of any fiscal year through nineteen hundred and ninety-four shall remain available after the close of said fiscal year for expenditure in accordance with such obligation.

SECTION 67. Section 1 of chapter 614 of the acts of 1985 is hereby amended by striking out, in line 15, the word "eighty-nine" and inserting in place thereof the word:- ninety-one.

SECTION 67A. Item 0185-7816 of section 2 of chapter 206 of the acts of 1986 is hereby amended by striking out the wording and inserting in place thereof the following:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 `tc4 For a study by the senate committee on ways and means relative to United States federal court consent decrees concerning certain agencies of the commonwealth and other expenses. `tcol;end

SECTION 68. Section 4 of chapter 564 of the acts of 1987 is hereby amended by inserting after the word "purpose", in line 6, the words:- ; provided, however, that not more than three hundred seventy-five thousand dollars shall be expended for the purposes of improved planning and for coastal improvements in the Buzzards Bay Area; provided further, that not less than seventy-five thousand dollars of said amount be expended and made available to the Buzzards Bay Project in fiscal year nineteen hundred and ninety; provided further, that for the purposes of this section, said Project shall be deemed an entity eligible to receive such funds, notwithstanding the provisions of sections three to seven of chapter twenty-one F of the General Laws.

SECTION 69. Item 7070-0065 of section 2 of chapter 105 of the acts of 1988 is hereby amended by striking out the wording and inserting in place thereof the following:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 `tc4 For scholarship programs, as provided in section seven of chapter fifteen A of the General Laws, chapter seven hundred and twelve of the acts of nineteen hundred and sixty-six and section seven B of chapter sixty-nine of the General Laws, including expenses for the last two prior fiscal years, including senatorial honor scholarships, a statewide program in consortium scholarships, the state scholarship program, the Carl J. Gilbert Matching Scholarship grant program, the Massachusetts graduate scholarship grant program, the Massachusetts low interest student loan program, the commonwealth scholars program, the Massachusetts teacher incentive program, a scholarship program for needy Massachusetts part-time undergraduate students, and the Massachusetts educational employment program; provided, that not less than three hundred thousand dollars shall be obligated to master of science degrees in nursing at nonpublic institutions of higher learning located within the commonwealth; and provided further, that the limitations on the total amount of scholarships awarded to students of institutions of higher education supported by the commonwealth as set forth in section seven of chapter fifteen A of the General Laws shall not apply to scholarships awarded hereunder; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-nine; provided, however, that money allocated for scholarship purposes which was held by Roxbury Community College and not utilized for scholarship purposes in an amount not to exceed two hundred and seventy-five thousand dollars may be reallocated by the board of regents of higher education for use by Roxbury Community College for the administration and maintenance of Roxbury Community College. `tcol;end

SECTION 70. Item 0185-7817 of section 2 of chapter 164 of the acts of 1988 is hereby amended by striking out the wording and inserting in place thereof the following:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 `tc4 For studies by the senate committee on ways and means relative to operational efficiency of state government and other expenses. `tcol;end

SECTION 71. Section 2 of chapter 142 of the acts of 1989 is hereby amended by striking out item 1599-3657 and inserting in place thereof the following item:-

`tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1599-3624 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-eight and nineteen hundred and eighty-nine costs of salary adjustments and other economic benefits authorized by a certain supplemental agreement between the board of regents of higher education and the Massachusetts State College Association/Massachusetts Teachers Association; provided, that the secretary of administration and finance is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof from the fiscal years nineteen hundred and eighty-nine and nineteen hundred and ninety where the amounts otherwise available are insufficient for the purpose, such amounts as are necessary to meet the cost of said adjustments and benefits; provided further, that said secretary is authorized to allocate the costs of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that copies of said supplemental agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made as authorized herein without prior notification of the house and senate committees on ways and means `tc6 $514,000 `tcol;end

SECTION 72. The provisions of sections fifty-five and fifty-six of this act shall expire on January first, nineteen hundred and ninety-two.

SECTION 73. The provisions of sections fifty-seven and fifty-eight of this act shall take effect as of January first, nineteen hundred and ninety-three.

SECTION 74. Sections fifty-nine and sixty of this act shall take effect as of April twenty-first, nineteen hundred and eighty-eight.

SECTION 75. The provisions of sections forty-six to fifty-three, inclusive shall apply to taxable years ending on or after December thirty-first, nineteen hundred and eighty-nine.

SECTION 76. The provisions of sections thirty-five, thirty-six, thirty-seven, thirty-eight and section forty of this act shall take effect as of October first, nineteen hundred and eighty-nine and all other sections shall take effect as of June thirtieth, nineteen hundred and eighty-nine, unless otherwise specified.