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. Section two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine is hereby amended by striking out the sums set forth in those line-items which are identified by the same eight digit numbers as the line-items contained in section two of this act, and inserting in place thereof the sums set forth for the respective line-items in section two of this act. Said sums as amended shall be expended for the several purposes and subject to the conditions specified in the corresponding line-item in said section two of chapter two hundred and forty; provided, however, that the expenditure of sums provided in any line-item of which the purposes and conditions for expenditure are amended hereinafter shall be governed by the amended purposes and conditions. Said section two of chapter two hundred and forty is hereby further amended by striking out the purposes and conditions specified in any line-item which is identified by the same eight digit number as any line-item in section two of this act which specifies purposes and conditions for expenditures, and inserting in place thereof the purposes and conditions specified in the corresponding line-item contained in section two of this act. Said section two of chapter two hundred forty is hereby further amended by striking out the following line-items in their entirety: `tuc 0185-7846 2240-0601 8400-0040 8500-0001 9300-0003 9300-0500 9300-0600 9300-0800

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 `tc3 LEGISLATURE. `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc1 0111-0000 `tc4 `tc6 $1,610,000 `tc1 0119-0000 `tc4 `tc6 $27,000 `tc1 0122-0000 `tc4 `tc6 $421,624 `tc1 0124-0000 `tc4 `tc6 $924,240 `tc1 0125-0040 `tc4 `tc6 $200,000 `tc1 0127-0020 `tc4 For administrative and legislative aides to the members of the house of representatives, provided that each house member shall only be allowed one such aide whether such aide be designated either an administrative or a legislative aide `tc6 $3,252,467 `tc1 0127-0030 `tc4 For a legislative intern program providing one intern for each legislator; provided, however, that each member of the house of representatives shall have the opportunity to select one intern to work in his/her office; provided further that beginning July first of nineteen hundred and ninety, interns shall not receive financial compensation from this item; provided further that legislative interns shall receive certification of services for consideration of academic credit `tc6 $350,000 `tc1 0127-0040 `tc4 `tc6 $691,050 `tc1 0129-0000 `tc4 `tc6 $460,000 `tc1 0131-0000 `tc4 `tc6 $380,908 `tc1 0132-0000 `tc4 For the salaries of the chief general court officers, assistant chief general court officer, general court officers and pages of the senate and house of representatives with the approval of the sergeant-at-arms; provided further, that no new court officers shall be hired, prior appropriation continued `tc6 $2,365,000 `tc1 0142-0000 `tc4 `tc6 $602,203 `tc1 0143-0000 `tc4 `tc6 $750,000 `tc1 0144-0000 `tc4 `tc6 $4,898,084 `tc1 0147-0000 `tc4 `tc6 $190,000 `tc1 0161-1000 `tc4 `tc6 $1,927,000 `tc1 0164-0010 `tc4 `tc6 $20,000 `tc1 0165-0000 `tc4 `tc6 $185,000 `tc1 0169-7103 `tc4 `tc6 $812,230 `tc1 0185-7209 `tc4 `tc6 $5,990 `tc1 0185-7804 `tc4 `tc6 $9,667 `tc1 0185-7821 `tc4 `tc6 $9,750 `tc1 0185-7834 `tc4 `tc6 $27,860 `tc1 0185-7840 `tc4 `tc6 $11,973 `tc1 0185-7844 `tc4 `tc6 $9,333 `tc1 0185-7853 `tc4 `tc6 $11,549 `tc2 Inspector General. `tc1 0200-0100 `tc4 `tc6 $1,116,504 `tc3 OFFICE OF CAMPAIGN AND POLITICAL FINANCE. `tc1 0210-0100 `tc4 `tc6 $438,750 `tc3 JUDICIARY. `tc2 Supreme Judicial Court. `tc1 0321-0001 `tc4 `tc6 $215,712 `tc1 0321-0100 `tc4 `tc6 $489,089 `tc1 0321-2000 `tc4 `tc6 $495,039 `tc2 Appeals Court. `tc1 0322-0002 `tc4 `tc6 $2,474,254 `tc2 Trial Court. `tc1 0330-0100 `tc4 `tc6 $22,916,847 `tc1 0330-0300 `tc4 `tc6 $3,472,250 `tc1 0330-0400 `tc4 For non-employee services, so-called "03" subsidiary expenses, performed by private individuals and contracted services performed by agencies and consultants, including services performed by court stenographers, for the individual court divisions of the trial court to be expended as determined by the chief administrative justice; provided, that not less than fifty thousand dollars shall be expended for the supreme judicial court study of public council services mandated by this act `tc6 $7,274,802 `tc1 0330-1000 `tc4 `tc6 $3,315,000 `tc1 0330-2000 `tc4 `tc6 $2,820,550 `tc1 0330-2010 `tc4 `tc6 $143,593 `tc1 0330-2020 `tc4 `tc6 $307,793 `tc1 0330-2200 `tc4 `tc6 $27,665,282 `tc1 0330-2205 `tc4 `tc6 $6,814,437 `tc1 0330-2300 `tc4 `tc6 $801,193 `tc1 0330-2410 `tc4 `tc6 $413,250 `tc1 0330-2500 `tc4 `tc6 $557,717 `tc1 0330-2600 `tc4 `tc6 $1,313,108 `tc1 0330-2700 `tc4 `tc6 $1,828,750 `tc1 0330-2800 `tc4 `tc6 $2,389,745 `tc1 0330-3200 `tc4 `tc6 $10,057,387 `tc2 Probate Court. `tc1 0333-0002 `tc4 `tc6 $16,682,554 `tc2 Boston Municipal Court Department. `tc1 0335-0001 `tc4 `tc6 $4,912,122 `tc2 Jury Commissioner. `tc1 0339-2100 `tc4 `tc6 $1,243,700 `tc3 DISTRICT ATTORNEYS. `tc1 0340-0100 `tc4 `tc6 $7,018,467 `tc1 0340-0200 `tc4 `tc6 $5,179,921 `tc1 0340-0300 `tc4 `tc6 $3,181,290 `tc1 0340-0400 `tc4 `tc6 $3,464,010 `tc1 0340-0500 `tc4 `tc6 $2,374,892 `tc1 0340-0600 `tc4 `tc6 $1,499,791 `tc1 0340-0700 `tc4 `tc6 $3,074,297 `tc1 0340-0800 `tc4 `tc6 $2,277,743 `tc1 0340-0900 `tc4 `tc6 $2,391,625 `tc1 0340-1000 `tc4 `tc6 $1,007,272 `tc1 0340-1100 `tc4 `tc6 $907,973 `tc1 0340-2100 `tc4 `tc6 $1,085,375 `tc3 EXECUTIVE. `tc1 0411-1000 `tc4 `tc6 $1,569,590 `tc1 0411-1100 `tc4 `tc6 $350,681 `tc1 0411-1110 `tc4 `tc6 $14,250 `tc1 0411-1120 `tc4 `tc6 $4,750 `tc1 0411-1140 `tc4 `tc6 $221,017 `tc1 0411-1150 `tc4 `tc6 $885,000 `tc1 0411-9000 `tc4 `tc6 $500,000 `tc1 0412-1000 `tc4 `tc6 $536,321 `tc1 0413-1000 `tc4 `tc6 $285,000 `tc2 Secretary of State. `tc1 0511-0000 `tc4 `tc6 $5,306,560 `tc1 0511-0200 `tc4 `tc6 $502,940 `tc1 0511-0230 `tc4 `tc6 $170,474 `tc1 0511-0250 `tc4 `tc6 $630,143 `tc1 0511-0260 `tc4 `tc6 $262,999 `tc1 0521-0000 `tc4 `tc6 $1,154,916 `tc1 0524-0000 `tc4 `tc6 $33,250 `tc1 0526-0100 `tc4 `tc6 $639,370 `tc3 OFFICE OF THE TREASURER AND RECEIVER-GENERAL. `tc1 0610-0000 `tc4 `tc6 $8,797,105 `tc1 0612-0100 `tc4 `tc6 $2,598,821 `tc1 0630-0000 `tc4 `tc6 $66,833 `tc1 0635-0000 `tc4 `tc6 $122,565 `tc1 0640-0000 `tc4 `tc6 $58,091,392 `tc1 0640-0100 `tc4 `tc6 $2,932,870 `tc1 0640-0300 `tc4 For the expenses of the operation of the Massachusetts cultural council, established by section fifty-two of chapter ten of the General Laws, as inserted by this act `tc6 $900,000 `tc2 Auditor. `tc1 0710-0000 `tc4 `tc6 $10,404,259 `tc1 0710-0100 `tc4 `tc6 $750,360 `tc2 Attorney General. `tc1 0810-0000 `tc4 `tc6 $13,307,601 `tc1 0810-0021 `tc4 `tc6 $1,431,920 `tc1 0810-0031 `tc4 `tc6 $695,965 `tc1 0810-0035 `tc4 `tc6 $401,824 `tc1 0830-0100 `tc4 `tc6 $19,413 `tc2 State Ethics Commission. `tc1 0900-0100 `tc4 `tc6 $933,164 `tc3 COMPTROLLER. `tc1 1000-0001 `tc4 `tc6 $5,050,538 `tc3 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE. `tc1 1100-1100 `tc4 `tc6 $950,811 `tc1 1101-2100 `tc4 `tc6 $2,208,512 `tc1 1101-2380 `tc4 `tc6 $13,937,685 `tc1 1102-3210 `tc4 `tc6 $8,391,750 `tc1 1102-3301 `tc4 For the administration of the bureau of state buildings and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that not less than thirty-seven thousand five hundred dollars be available for the restoration and preservation of the historic flags displayed in the State House hall of flags; provided further, that not less than twelve thousand five hundred dollars be available for the State House art commission; and provided further, that the state superintendent of buildings shall conduct a study relative to the overnight leasing or renting of state owned and controlled parking spaces in Boston; and provided further, that the superintendent shall make a report, including his findings and recommendations, to the senate and house committees on ways and means on or before October thirty-first, nineteen hundred and eighty-nine, including not more than one hundred and fifty-two positions `tc6 $17,500,000 `tc1 1102-5201 `tc4 `tc6 $386,204 `tc1 1102-5211 `tc4 `tc6 $1,605,720 `tc1 1103-5010 `tc4 `tc6 $4,092,975 `tc1 1104-1000 `tc4 `tc6 $2,561,202 `tc1 1104-1010 `tc4 `tc6 $241,819 `tc1 1107-2400 `tc4 `tc6 $590,294 `tc1 1108-0100 `tc4 `tc6 $221,112 `tc1 1108-1000 `tc4 `tc6 $1,329,050 `tc1 1108-1002 `tc4 `tc6 $847,475 `tc1 1108-1003 `tc4 `tc6 $2,970,973 `tc1 1108-1011 `tc4 `tc6 $279,483 `tc1 1108-2500 `tc4 `tc6 $390,236 `tc1 1108-4010 `tc4 `tc6 $1,284,418 `tc1 1108-5100 `tc4 `tc6 $1,927,411 `tc1 1108-6100 `tc4 `tc6 $3,176,216 `tc1 1120-4005 `tc4 For the administration of the library; provided, that not less than one hundred and fifty thousand dollars be obligated for the purchase of books, periodicals, and microfilms to maintain a current government research library collection, including not more than twenty-five positions `tc6 $909,108 `tc1 1121-0100 `tc4 `tc6 $585,148 `tc1 1150-5100 `tc4 `tc6 $1,210,490 `tc2 `tc1 1201-0100 `tc4 `tc6 $110,823,897 `tc1 1231-0100 `tc4 `tc6 $6,236,253 `tc1 1233-3100 `tc4 `tc6 $6,000,000 `tc1 1310-1000 `tc4 `tc6 $987,986 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2000-0100 `tc4 For the office of the secretary, including the expenses of: 1) the water resources commission; 2) the division of conservation services; 3) a program of coastal zone management; 4) a program of review of environmental impact reports pursuant to chapter thirty of the General Laws; provided that the secretary of the executive office of environmental affairs is hereby authorized to enter into interagency agreements with any other of those state agencies within the executive office of environmental affairs, whereby the department may render data processing services to said agencies; including not more than seventy-five positions `tc6 $2,412,544 `tc5 General Fund 85.55% Local Aid Fund 14.45% `tc1 2000-0200 `tc4 `tc6 $109,187 `tc1 2050-0100 `tc4 `tc6 $196,911 `tc1 2050-0200 `tc4 `tc6 $200,010 `tc3 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2100-0000 `tc4 `tc6 $26,212,757 `tc1 2100-1107 `tc4 `tc6 $268,850 `tc3 DEPARTMENT OF ENVIRONMENTAL PROTECTION. `tc1 2200-0100 `tc4 `tc6 $23,220,415 `tc1 2200-0101 `tc4 `tc6 $523,694 `tc1 2260-8870 `tc4 `tc6 $3,884,807 `tc3 DEPARTMENT OF FISHERIES, WILDLIFE AND ENVIRONMENTAL LAW ENFORCEMENT. `tc1 2300-0100 `tc4 `tc6 $319,434 `tc1 2320-0100 `tc4 `tc6 $111,031 `tc1 2330-0100 `tc4 `tc6 $2,541,374 `tc2 Division of Environmental Law Enforcement. `tc1 2350-0100 `tc4 For the administration of the division of environmental law enforcement; provided, that each county in the commonwealth shall be assigned at least one full time environmental officer, including not more than one hundred and sixty-eight positions `tc6 $5,439,698 `tc5 General Fund 82.0% Inland Fisheries and Game Fund 15.0% Environmental Challenge Fund 3.0% `tc3 DEPARTMENT OF THE METROPOLITAN DISTRICT COMMISSION. `tc1 2410-1000 `tc4 `tc6 $1,521,433 `tc1 2410-9061 `tc4 `tc6 $237,500 `tc1 2420-1400 `tc4 `tc6 $5,147,844 `tc1 2440-0010 `tc4 `tc6 $27,793,791 `tc1 2440-0015 `tc4 For the administration of the metropolitan district police commission; provided, that notwithstanding any provisions of chapter thirty-one of the General Laws, certain members may be temporarily allocated to special secondary ratings in accordance with schedules approved by the house and senate committees on ways and means, a copy of which is on file with the personnel administrator; provided further, that a special commission shall be created to study the implementation of the consolidation of the metropolitan district police, the capitol police, the state police and the registry police. Said special commission shall consist of nine members: three members of the house of representatives appointed by the speaker of the house; three members of the senate appointed by the president of the senate; the secretary of administration and finance, or a designee thereof; the secretary of environmental affairs, or a designee thereof; and the secretary of public safety, or a designee thereof. Said study shall include, but not be limited to, recommendations to resolve differences regarding jurisdiction, benefits, pensions, work conditions, civil service requirements, collective bargaining agreements, chains of command, organizational structure, and training amongst the four police divisions. Said recommendations shall be included in a preliminary report to be submitted to the house and senate committees on ways and means on or before April first, nineteen hundred and ninety. A final report regarding the implementation of the consolidation shall be submitted to the house and senate committees on ways and means on or before July first, nineteen hundred and ninety; including not more than six hundred and thirty positions `tc6 $25,268,252 `tc5 Local Aid Fund 36.0% Highway Fund 64.0% `tc1 2440-0044 `tc4 `tc6 $66,500 `tc1 2443-2000 `tc4 `tc6 $3,445,995 `tc1 2444-9001 `tc4 `tc6 $1,441,665 `tc1 2444-9004 `tc4 `tc6 $348,175 `tc1 2444-9005 `tc4 `tc6 $2,096,250 `tc1 2444-9006 `tc4 `tc6 $15,000 `tc1 2460-1000 `tc4 `tc6 $3,427,600 `tc3 DEPARTMENT OF FOOD AND AGRICULTURE. `tc1 2511-0100 `tc4 For the office of the commissioner, including the expenses of the board of agriculture, including not more than twenty positions `tc6 $579,798 `tc1 2511-3000 `tc4 `tc6 $1,562,211 `tc1 2511-3002 `tc4 `tc6 $346,000 `tc1 2511-4000 `tc4 `tc6 $896,106 `tc1 2515-1000 `tc4 `tc6 $637,962 `tc2 Division of Fairs. `tc1 2518-1000 `tc4 For the administration of the division; provided, that payments for state prizes and agricultural exhibits, including allotment funds for 4-H activities, may be made from this appropriation, and for the display of exhibits at certain fairs; provided further, that not less than two hundred thousand dollars shall be used for certain prizes; and provided further, that funds shall be used for rehabilitation purposes, including not more than two positions `tc6 $536,515 `tc1 2518-2500 `tc4 `tc6 $116,021 `tc2 State Reclamation Board. `tc1 2520-0100 `tc4 For the administration of the board, including not more than one position `tc6 $44,910 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3000-0100 `tc4 `tc6 $4,246,090 `tc1 3000-0200 `tc4 `tc6 $1,444,486 `tc1 3000-0301 `tc4 `tc6 $54,388 `tc1 3722-8878 `tc4 `tc6 $1,616,755 `tc1 3722-8880 `tc4 `tc6 $428,979 `tc1 3722-9001 `tc4 `tc6 $531,471 `tc1 3722-9006 `tc4 `tc6 $2,000,000 `tc1 3722-9018 `tc4 `tc6 $5,100,000 `tc1 3722-9024 `tc4 `tc6 $149,518,146 `tc1 3731-2003 `tc4 `tc6 $1,214,429 `tc1 3743-2027 `tc4 `tc6 $1,569,000 `tc1 3743-2036 `tc4 `tc6 $1,994,000 `tc1 3743-2037 `tc4 `tc6 $142,500 `tc1 3743-2039 `tc4 `tc6 $131,781 `tc1 3744-4010 `tc4 `tc6 $432,000 `tc1 3745-1000 `tc4 `tc6 $7,199,000 `tc1 3745-2000 `tc4 `tc6 $92,529 `tc1 3747-0001 `tc4 `tc6 $52,000 `tc1 3748-0001 `tc4 `tc6 $6,827,461 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc1 4000-0780 `tc4 `tc6 $5,500,000 `tc1 4000-0791 `tc4 `tc6 $164,600 `tc1 4001-0010 `tc4 `tc6 $750,000 `tc3 Massachusetts Commission for the Blind. `tc1 4110-0001 `tc4 `tc6 $904,000 `tc1 4110-2010 `tc4 `tc6 $377,751 `tc1 4110-2040 `tc4 For certain social services programs, provided that no less than fifty-two thousand dollars be expended for the radio reading program, so-called, for western Massachusetts, including not more than sixty positions `tc6 $5,409,632 `tc3 Massachusetts Rehabilitation Commission. `tc1 4120-0010 `tc4 `tc6 $3,322,690 `tc1 4120-0011 `tc4 `tc6 $5,887,207 `tc1 4120-0012 `tc4 `tc6 $16,520,962 `tc1 4120-0071 `tc4 `tc6 $7,214,990 `tc3 Massachusetts Commission for the Deaf. `tc1 4125-0100 `tc4 `tc6 $3,525,496 `tc3 Office for Children. `tc1 4130-0001 `tc4 `tc6 $1,375,564 `tc1 4130-0002 `tc4 `tc6 $142,500 `tc1 4130-0005 `tc4 `tc6 $7,224,718 `tc1 4130-0006 `tc4 `tc6 $541,500 `tc1 4130-0007 `tc4 `tc6 $1,962,605 `tc1 4130-0016 `tc4 `tc6 $1,792,650 `tc3 Veteran Services. `tc1 4170-0010 `tc4 `tc6 $1,422,000 `tc1 4170-0012 `tc4 For a counseling program for veterans and their families, including the maintenance and operation of not more than eleven outreach centers for counseling for Vietnam-era veterans and their families who may have been exposed to Agent Orange, and for a counseling program for incarcerated veterans; provided that two of said outreach centers shall be closed as of July first, nineteen hundred and ninety `tc6 $948,619 `tc1 4170-0400 `tc4 `tc6 $10,890,165 `tc1 4170-0800 `tc4 `tc6 $38,000 `tc3 DEPARTMENT OF YOUTH SERVICES. `tc1 4200-0010 `tc4 `tc6 $3,375,976 `tc1 4238-1000 `tc4 `tc6 $11,971,774 `tc3 DEPARTMENT OF CORRECTION. `tc1 4311-0001 `tc4 `tc6 $5,839,596 `tc1 4311-0003 `tc4 `tc6 $4,673,888 `tc1 4349-0001 `tc4 `tc6 $164,666,500 `tc1 4349-0008 `tc4 `tc6 $19,239,966 `tc1 4349-0025 `tc4 `tc6 $5,800,000 `tc3 Parole Board. `tc1 4380-0001 `tc4 `tc6 $9,777,253 `tc3 DEPARTMENT OF PUBLIC WELFARE. `tc1 4400-1000 `tc4 For department management and support services including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local welfare offices including a program of health services for certain recipients and the expenses of operating a food stamp program; provided, that the consolidation of local welfare offices shall be subject to prior approval of the house and senate committees on ways and means; and provided, that all expenditures for the development and maintenance of automated data processing systems and services in support of department operations and the MPACs project shall be subject to satisfactory quarterly reviews by the office of management information systems and pursuant to schedules approved by said office; and provided further, that said quarterly reviews will be submitted to the house and senate committees on ways and means; and provided further, that the department is authorized to retain and expend without further appropriation an amount not exceeding two million five hundred thousand dollars due to a federal administrative cost settlement, including not more than three thousand eight hundred positions `tc6 $131,875,000 `tc1 4400-1003 `tc4 `tc6 $13,376,631 `tc1 4400-1009 `tc4 For a program to provide employment, training and voucher day care, so-called, for recipients and recent recipients of aid to families with dependent children and the absent parents of said recipients; provided, that the department may allocate funds to other agencies for this 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 participants in said employment and training program and for former participants within up to one year of completion of said program; provided further, that no "extended vouchers", so-called, shall be paid from this account; 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 for this purpose; 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 a participant receiving a voucher must make all reasonable efforts to use said voucher in a day care facility that contracts with the department of social services; provided further, that 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; provided further, that the department shall report to the house and senate committees on ways and means by January first, nineteen hundred and ninety on revenue projections and the impact of federal regulations pursuant to the federal welfare reform act; and provided further, that said expenditures shall not exceed appropriation, including not more than ninety-seven positions `tc6 $72,853,409 `tc5 Reemployment and Job Placement Fund 6.8% General Fund 93.2% `tc1 4406-3000 `tc4 `tc6 $29,300,000 `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 4510-0100 `tc4 `tc6 $3,493,498 `tc1 4510-0102 `tc4 `tc6 $583,413 `tc1 4510-0103 `tc4 `tc6 $287,376 `tc1 4510-0600 `tc4 `tc6 $2,945,046 `tc1 4510-0601 `tc4 `tc6 $33,520 `tc1 4510-0602 `tc4 `tc6 $36,000 `tc1 4510-0611 `tc4 `tc6 $47,500 `tc1 4510-0710 `tc4 `tc6 $4,711,566 `tc1 4510-0750 `tc4 `tc6 $358,135 `tc1 4510-0790 `tc4 `tc6 $321,935 `tc1 4512-0103 `tc4 For the administration of an acquired immune deficiency syndrome program; provided that not less than fifteen million, six hundred and seventy-six thousand dollars shall be expended for direct care services of which not less than two million two hundred thousand dollars shall be obligated for the treatment of acquired immune deficiency syndrome patients at the Lemuel Shattuck hospital, not less than two million dollars shall be obligated for the purposes of providing testing and laboratory services, not less than three million one hundred thousand dollars shall be obligated for contracted education services, not less than two million six hundred thousand dollars shall be obligated for outpatient methadone maintenance programs, not less than seven hundred thousand dollars be obligated to comprehensive family planning providers, not less than nine hundred and fifty thousand dollars shall be obligated for inpatient hospice and residential facilities, not less than five hundred thousand dollars shall be obligated to provide funding for residential services for intravenous drug abusers at risk of contracting and spreading AIDS, not less than one hundred thousand dollars shall be obligated to the refugee health program to combat the incidence of Hepatitis B and HIV among the commonwealth's refugee populations; provided further, that eight hundred thousand dollars shall be obligated to the city of Worcester for a program to combat the incidence of Hepatitis B in Worcester, including but not limited to inoculation and education; provided, however, that the commonwealth's participation in any such program shall not exceed seventy percent of the total amount granted to the city; provided, that funds appropriated herein shall be used for public health purposes only and shall not be obligated for police services; provided further, that the city of Worcester shall provide an accounting to the department of public health of the fiscal year nineteen hundred and eighty-nine expenditures; and provided further, that at the end of fiscal year nineteen hundred and ninety, the city of Worcester shall provide a full accounting to the department of public health on all expenditures including a full analysis of this program, including not more than forty-four positions `tc6 $18,574,445 `tc1 4512-0200 `tc4 For the administration of the division of alcoholism and division of drug rehabilitation; provided that not less than thirty-seven million six hundred and fifty-nine thousand, six hundred and ninety-four dollars shall be expended for direct care services of which not less than two hundred sixty-six thousand seven hundred and seventy-six dollars shall be obligated for an ambulatory alcohol and drug free case management program, including not more than thirty-five positions `tc6 $38,809,295 `tc1 4512-0500 `tc4 `tc6 $1,815,056 `tc1 4513-1000 `tc4 For the administration of the division of family health services, including a program of maternal and child health to be in addition to any federal funds received for this program; provided, that not less than fourteen million six hundred and ninety-nine thousand and thirty-eight dollars shall be expended for direct care services of which not less than six hundred thirty-eight thousand dollars shall be expended for rape prevention and victim services of which no less than one hundred thousand dollars shall be expended for the Worcester region and no less than forty-five thousand dollars shall be expended for the Blackstone Valley Rape Crisis Center; provided further, that not less than one million, four hundred and eighty-nine thousand and thirty-six dollars shall be expended for comprehensive adolescent health and pregnant and parenting programs; provided further, that two hundred and fifty thousand dollars shall be expended on community-based prenatal outreach and education programs targeted to those communities with severe infant mortality issues, including not more than one hundred and fourteen positions `tc6 $19,112,007 `tc3 DEPARTMENT OF MEDICAL SECURITY. `tc1 4600-1000 `tc4 `tc6 $1,790,750 `tc1 4600-1050 `tc4 `tc6 $475,000 `tc1 4600-1300 `tc4 `tc6 $6,000,000 `tc3 DEPARTMENT OF SOCIAL SERVICES. `tc1 4800-0015 `tc4 `tc6 $13,529,675 `tc1 4800-0025 `tc4 `tc6 $2,128,741 `tc3 DEPARTMENT OF MENTAL HEALTH. `tc1 5011-0100 `tc4 `tc6 $20,741,814 `tc1 5046-0000 `tc4 `tc6 $151,401,605 `tc1 5047-0000 `tc4 `tc6 $49,604,501 `tc1 5049-0000 `tc4 `tc6 $6,928,539 `tc1 5095-0000 `tc4 `tc6 $174,067,284 `tc3 DEPARTMENT OF MENTAL RETARDATION. `tc1 `tc1 5911-0025 `tc4 `tc6 $24,672,482 `tc1 5911-0100 `tc4 `tc6 $10,994,717 `tc1 5948-0000 `tc4 `tc6 $246,689,660 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6000-0100 `tc4 `tc6 $381,020 `tc1 6006-0003 `tc4 `tc6 $375,859 `tc3 DEPARTMENT OF PUBLIC WORKS. `tc2 Highway Activities. Personnel Services. `tc1 6010-0001 `tc4 For personnel services of the department; provided, that, notwithstanding the provisions of section four of chapter sixteen of the General Laws, the commissioner may appoint six additional assistants who shall serve at the pleasure of the commissioner and shall not be subject to chapter thirty-one of the General Laws and may also appoint a deputy chief counsel (counsel III) who shall not be subject to chapter thirty-one of the General Laws; provided further, that notwithstanding any other general or special law to the contrary, those positions provided for in section five of chapter sixteen of the General Laws shall be classified in accordance with section forty-five of chapter thirty, and the salaries for such positions shall be determined in accordance with section forty-six C of said chapter thirty, including not more than three thousand one hundred and one positions `tc6 $90,800,000 `tc5 Highway Fund 100.0% `tc1 6020-2501 `tc4 `tc6 $5,518,000 `tc1 6020-2505 `tc4 `tc6 $171,000 `tc1 6030-7601 `tc4 `tc6 $4,864,588 `tc1 6034-0009 `tc4 `tc6 $14,283,803 `tc3 THE BOARD OF LIBRARY COMMISSIONERS. `tc1 7000-9101 `tc4 `tc6 $682,679 `tc1 7000-9502 `tc4 `tc6 $467,644 `tc3 THE DEPARTMENT OF EDUCATION. `tc1 7010-0005 `tc4 `tc6 $9,167,500 `tc1 7028-0302 `tc4 `tc6 $7,445,000 `tc1 7030-0200 `tc4 For the operation of the regional education centers; including the Springfield regional education center, the Central Massachusetts regional education center in West Boylston and the Southeast regional education center in Lakeville; including not more than one hundred and twenty-five positions `tc6 $3,550,000 `tc1 7032-0301 `tc4 `tc6 $744,500 `tc1 7035-0002 `tc4 `tc6 $4,061,825 `tc1 7051-0015 `tc4 `tc6 $250,000 `tc1 7052-0004 `tc4 `tc6 $8,525,416 `tc1 7052-0005 `tc4 `tc6 $118,005,617 `tc1 7061-1000 `tc4 `tc6 $109,785,000 `tc1 7061-4000 `tc4 `tc6 $1,714,000 `tc1 7061-5000 `tc4 `tc6 $1,014,449 `tc3 THE BOARD OF REGENTS OF HIGHER EDUCATION. `tc1 7066-0000 `tc4 `tc6 $3,240,185 `tc1 7066-0003 `tc4 `tc6 $2,327,500 `tc1 7066-0008 `tc4 `tc6 $158,973 `tc1 7070-0065 `tc4 `tc6 $82,674,768 `tc1 7100-0100 `tc4 `tc6 $583,451,646 `tc1 7100-0160 `tc4 For the expenses of the Northeast consortium of colleges and universities of Massachusetts; provided, however, that no funds shall be expended from this item for expenses incurred on or after January first, nineteen hundred and ninety `tc6 $90,207 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc1 8000-0110 `tc4 `tc6 $1,995,674 `tc1 8000-0160 `tc4 `tc6 $361,000 `tc1 8200-0200 `tc4 `tc6 $2,583,750 `tc1 8311-1000 `tc4 `tc6 $1,431,487 `tc1 8312-0000 `tc4 For the administrative salaries of the central office of police, including the division of the state police, division of law enforcement of the registry of motor vehicles, and the capitol police force, including not more than two hundred and sixty positions `tc6 $8,100,000 `tc1 8312-0100 `tc4 For the operation of the division of state police; provided, however, that there shall be a minimum of one hundred state police officers assigned to full time duty with the narcotics unit in the bureau of investigative services within the division of state police and under the command of a commissioned officer of the state police; provided further, that all such officers shall be exclusively assigned on a full time basis to undercover operations, smuggling operations, the investigation of the diversion of legally manufactured drugs, and the investigation of illegal distributions of controlled substances among minors; and that officers assigned to said unit shall not be discharged to details other than those described unless they are replaced by another officer, including not more than one thousand and seventeen positions `tc6 $44,013,818 `tc1 8312-0102 `tc4 For the operation of the division of law enforcement of the registry of motor vehicles police division, including the safety and emissions inspections program authorized by chapter ninety of the General Laws, including not more than two hundred and seventy-nine positions `tc6 $10,172,830 `tc1 8312-0103 `tc4 For the operation of the capitol police force; provided, that notwithstanding any provision of chapter thirty-one of the General Laws, members of the capitol police force may be temporarily allocated to special secondary ratings in accordance with the schedule approved by the house and senate committees on ways and means, a copy of which is on file with the personnel administrator, including not more than sixty positions `tc6 $2,391,994 `tc1 8312-0104 `tc4 For police overtime expenditures, provided that all expenditures from this item shall be for overtime expenses for the division of state police, division of law enforcement of the registry of motor vehicles, and the capitol police force, provided further, that the commissioner of public safety shall approve all expenditures from this item and shall produce a report detailing the expenditures from this item, provided that said report shall include the police agency incurring overtime costs, the amount and type of overtime specified in dollars and time, and the average overtime paid per officer, provided further, that said report shall be filed monthly with the house and senate committees on ways and means `tc6 $4,829,025 `tc1 8312-2060 `tc4 `tc6 $70,034 `tc1 8314-1000 `tc4 `tc6 $364,904 `tc1 8315-1000 `tc4 `tc6 $2,427,596 `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, and the director of employee relations shall not be subject to civil service law and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews 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 further, that the registrar shall file with the clerks of the house and senate a plan to close certain registry offices, and no reduction in the amounts otherwise available to or closing of any registry office shall take effect until such plan shall have been approved by the general court, provided further that said plan shall be deemed to have been approved unless it shall have been disapproved by resolution of the house and senate within thirty days of the date on which it is filed with said clerks, provided further that no such plan need be filed and no such approval shall be required for any reduction in the amounts available to or any closing of the offices located at 100 Nashua street in the city of Boston, including not more than seven hundred and thirty positions `tc6 $23,185,922 `tc5 Highway Fund 100.0% `tc1 8400-0002 `tc4 `tc6 $2,854,459 `tc1 8600-0001 `tc4 `tc6 $403,750 `tc1 8700-0001 `tc4 `tc6 $3,850,950 `tc1 8800-0001 `tc4 `tc6 $605,254 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc1 9000-0100 `tc4 `tc6 $475,000 `tc1 9000-0101 `tc4 `tc6 $360,651 `tc1 9000-0104 `tc4 `tc6 $57,005 `tc1 9000-0110 `tc4 For the expenses of the centers of excellence corporation, including the photovoltaic center, provided that said photovoltaic center shall not have more than six positions; provided further, that a report of all revenues, expenditures, assets and liabilities of the corporation be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means `tc6 $925,255 `tc1 9000-1801 `tc4 `tc6 $1,168,869 `tc1 9000-1802 `tc4 `tc6 $75,000 `tc1 9000-1900 `tc4 `tc6 $5,586,000 `tc1 9000-1920 `tc4 `tc6 $1,327,524 `tc1 9000-2000 `tc4 `tc6 $316,577 `tc1 9000-2100 `tc4 `tc6 $650,750 `tc1 9000-2200 `tc4 `tc6 $558,600 `tc1 9081-7006 `tc4 `tc6 $150,000 `tc1 9081-7007 `tc4 `tc6 $714,282 `tc1 9081-7010 `tc4 `tc6 $750,785 `tc1 9081-7011 `tc4 `tc6 $1,456,250 `tc1 9081-7016 `tc4 `tc6 $693,146 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc1 9100-0100 `tc4 `tc6 $2,762,519 `tc1 9110-1630 `tc4 For a home care program and for certified home health services for the elderly eligible for home care services, including a program of protective services, which shall include a sliding fee program in which all qualified elders shall participate, which shall include provisions for the waiver of said fee if in the opinion of the secretary of the executive office of elder affairs the assessment of such a fee would produce extreme financial hardship to the affected individual or individuals; provided further, that said program shall be administered by the executive office of elder affairs in such a manner as to allow for the retention of revenues accrued from such sliding fees by the individual home care corporations funded through item 9110-1631 of this act, without reallocation by said executive office; provided further, that no new programs shall be established without the prior written approval of the house and senate committees on ways and means; provided further, that said secretary shall transmit to the house and senate committees on ways and means no later than thirty days of the effective date of this act a plan indicating the estimated monthly caseload to be supported by the appropriation in this item; provided, further, that anticipated monthly deviations from this initial estimated caseload of greater than two and one-half percent shall require said secretary to notify said committees no later than thirty days following the month reported; provided further, that not more than one million, four hundred thousand dollars shall be obligated for the purchase of certified home health services for elders who are not eligible for Medicaid; provided further, that said certified home health services shall include, but are not limited to, home health aid, nursing management and nursing assessments; provided further, that not more than three million one hundred seventy-four thousand dollars shall be obligated for a program of respite care services to provide relief for caregivers who normally provide care to severely impaired individuals, especially those with Alzheimer's disease; provided further, that not more than two percent of the funds appropriated herein for home care services may be used to meet matching requirements of Title III of the Older Americans Act; provided further, that the department of elder affairs shall submit a detailed report of aggregate monthly home care purchase of service expenditures, as described in lines 38-43 of item 9110-1630 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight; provided further, that the department of elder affairs shall submit said report to the house and senate committees on ways and means and the secretary for administration and finance, no later than two months following the month reported; and provided further, to ensure an adequate caseload may be serviced not more than two percent of the funds appropriated herein may be transferred from this item for the expenses of case management services in item 9110-1631, and upon the written approval of the house and senate committees on ways and means `tc6 $79,168,783 `tc1 9110-1631 `tc4 For contracts between the executive office of elder affairs and home care corporations or other qualified bidders for the administration of the home care program funded through line item 9110-1630 of this act; provided, that said contracts shall include the costs of administrative personnel, home care case managers, travel, rent and any other costs deemed appropriate by the executive officer; provided further, to ensure an adequate caseload be serviced, not more than two percent of the funds appropriated herein may be transferred from this item for the direct purchase of home care, home health or related services in item 9100-1630 and upon the written approval of the house and senate committees on ways and means; and provided further, that the executive office of elder affairs will provide assistance needed to proceed with the long term care insurance demonstration, including assistance providing assessment of functional status for potential participants in the so-called long term insurance program as well as providing assistance in service planning for participants in the insurance program who are eligible for benefits `tc6 $40,995,604 `tc1 9110-1640 `tc4 `tc6 $563,424 `tc1 9110-1665 `tc4 `tc6 $45,064 `tc1 9110-1900 `tc4 `tc6 $6,720,628 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc1 9200-0100 `tc4 `tc6 $685,623 `tc1 9200-0150 `tc4 `tc6 $283,709 `tc1 9210-0001 `tc4 `tc6 $2,564,707 `tc1 9212-0001 `tc4 `tc6 $1,122,138 `tc1 9215-0001 `tc4 `tc6 $325,097 `tc1 9218-0100 `tc4 `tc6 $724,053 `tc1 9221-1000 `tc4 For the office of the commissioner, including not more than two hundred and twenty-one positions `tc6 $7,907,861 `tc1 9222-0100 `tc4 `tc6 $5,545,922 `tc1 9230-0001 `tc4 `tc6 $4,068,081 `tc1 9230-0150 `tc4 `tc6 $2,079,523 `tc2 Department of Public Utilities. `tc1 9270-0001 `tc4 For the general administration of the department; provided, that notwithstanding the provisions of the second sentence of the first paragraph of section eighteen of chapter twenty-five of the General Laws, the assessments levied pursuant to said first paragraph of said section for fiscal year ninety shall be made at a rate sufficient to produce not less than three million three hundred and fifteen thousand one hundred and ninety-eight dollars, including not more than eighty-six positions `tc6 $3,300,755 `tc1 9272-0001 `tc4 `tc6 $951,636 `tc3 Division of Energy Resources. `tc1 9275-0003 `tc4 For the administration of the division of energy resources; provided, that expenditures for the energy forecasting program shall be assessed upon utility companies as authorized by chapter twenty-five A of the General Laws, including not more than forty-seven positions `tc6 $1,040,151 `tc1 9275-0004 `tc4 For the administration of the residential conservation service program pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and eighty, and the commercial and apartment conservation service program pursuant to section twelve of chapter twenty-five A of the General Laws, provided that the expenditures from this item shall be assessed upon utility companies in accordance with the provisions of said laws, including not more than nine positions `tc6 $170,000 `tc3 Energy Facilities Siting Council. `tc1 9275-0500 `tc4 For the expenses of the energy facilities siting council; provided, that the expenditures from this item to the maximum amount of seven hundred thousand dollars shall be assessed upon utility companies in accordance with the provisions of chapter one hundred and sixty-four of the General Laws; provided further, that the excess over the appropriated amount shall be placed in an expendable trust account, to be spent or maintained from year to year by the council for the limited purpose of reviewing major energy facilities, without further appropriation and not subject to reversion to the General Fund; provided further, that the balance remaining in the expendable trust account shall be deducted from the following year's assessment of the electric and gas companies; provided further, that the amount collected from the utilities in the following year shall not be less than the amount appropriated for that year; provided, further, that amounts incurred on account of fringe benefits of state personnel compensated from this item shall be assessed upon utility companies in accordance with the provisions of said chapter one hundred and sixty-four of the General Laws and that amounts so assessed shall be credited to the General Fund; provided further, that the position of executive secretary of the council shall be exempt from the provisions and requirements of job classification by the undersecretary of human resource administration under chapter thirty of the General Laws, including not more than fourteen positions `tc6 $570,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc1 9400-0102 `tc4 `tc6 $81,829 `tc1 9400-1711 `tc4 `tc6 $1,075,000 `tc1 9410-0001 `tc4 `tc6 $5,713,735 `tc1 9420-0100 `tc4 `tc6 $710,490 `tc1 9421-0100 `tc4 `tc6 $423,372 `tc1 9430-0100 `tc4 `tc6 $907,370 `tcol;end

SECTION 2B. Item 0111-9000 of section 2B of chapter 240 of the acts of 1989 is hereby amended by striking out the figure 523,086 and inserting in place thereof the figure:- 323,086.

SECTION 3. Section 2C of said chapter 240 is hereby amended by striking out items 1100-1103, 1102-5216, 1121-0510, 2120-0810, 4130-0005, and 4513-1012.

SECTION 4. Section 2C of said chapter 240 is hereby amended by inserting the following items:-

`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 `tc3 SECRETARY OF THE COMMONWEALTH. `t+1 `tch `tc1 `ts Item `t+1 `tch;end `tc1 0511-0010 `tc4 The secretary of state may expend revenues in an amount not to exceed seventy-five thousand dollars collected from a twenty-five dollar fee for late filing of corporation annual statements of condition, hereby authorized, for an ongoing review of said statements by the corporations division of the office of said secretary, including the costs of personnel `tc6 $75,000 `tc1 0511-0020 `tc4 The secretary of state may expend revenues in an amount not to exceed one hundred and sixty thousand dollars collected from fees charged for the filing of annual statements of conditions of corporations, for the expenses of a one-time project to notify and bill corporations delinquent in filing annual reports or statements of condition, and to develop automated systems for the future notification of corporations of annual reporting requirements and periodic dissolution of non-complying corporations, as authorized by law; provided, that said secretary shall, in cooperation with the commissioner of revenue, develop language to be included in the business corporation excise form instructions that sets forth the corporation's responsibility to file such reports or statements with the secretary of state `tc6 $160,000 `tc3 TREASURER. `tc2 Massachusetts Cultural Council. `tc1 0640-2003 `tc4 Notwithstanding any provisions of any general or special law to the contrary, the Massachusetts cultural council, established by section fifty-two of chapter ten of the General Laws, as inserted by this act, hereinafter referred to as the Council, may expend an amount not to exceed five million dollars, including those amounts provided pursuant to section fifty-seven of said chapter ten, 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 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, provided further, that 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 `tc6 $5,000,000 `tc1 0640-2009 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts cultural council, established by section fifty-two of chapter ten of the General Laws, as inserted by this act, is hereby authorized to expend not more than eleven million two hundred thousand dollars which the state comptroller is hereby authorized to transfer from the state lottery fund to the general fund to be expended as authorized herein; provided, that the state lottery commission shall reduce the payment of prizes to holders of winning tickets or shares by the amount authorized to be expended herein, the provisions of any general or special law to the contrary notwithstanding; provided further, that the amount authorized to be expended herein shall be used for the payment of grants for projects and productions of the Massachusetts cultural council; provided further, that not less than seven percent of available funds shall be expended on projects and productions which are community based non-professional activities, to be in addition to any available funds for this purpose; provided further, that not less than three million seven hundred thousand dollars be available for the purposes of the Community Resource Act as provided in section thirty-six of chapter sixty-nine of the General Laws, as amended; provided further, that not less than fifty thousand dollars shall be available to the Riverside Theatre Works; provided further that not less than forty-one thousand dollars shall be available for a grant program of "scholars in residence"; provided further, that not less than one million two hundred thousand dollars shall be available for the Massachusetts Corporation of Educational Telecommunications, pursuant to a plan that has been filed with the general court `tc6 $11,200,000 `tc3 ADMINISTRATION AND FINANCE. `tc1 1100-1103 `tc4 The commissioner of administration may expend, for the operations of the office of mediation services, including the cost of personnel for said office, an amount not to exceed five hundred thousand dollars of revenues accrued from charges hereby authorized, to agencies, cities, towns, and other political subdivisions of the commonwealth or to corporations and individuals by said office of mediation services and other services provided to such entities by said office of mediation services `tc6 $500,000 `tc2 Motor Vehicle Management Bureau. `tc1 1102-5216 `tc4 The motor vehicle management bureau may expend an amount not to exceed one million two hundred thousand dollars from revenues received by the commonwealth from the disposal of surplus motor vehicles, including but not limited to state police vehicles, provided that no expenditures shall be under this section without prior approval of the commissioner of administration; provided further, that said revenues may be expended on existing lease purchase obligations in items 1102-5211 and 1599-3408 in section two of this act `tc6 $1,200,000 `tc2 Department of Environmental Management. `tc1 2120-0810 `tc4 The department of environmental management may expend revenues not exceeding three million five hundred thousand dollars accrued from admission fees, parking fees and concessions at pools, rinks, parks, forests and beaches maintained by the department for maintenance of farm and grounds, for repair, rehabilitation and improvements of equipment and facilities, including the purchase and replacement of vehicular and other equipment, for overall improvements to recreational programs which may encompass materials, supplies, promotional activities and interpretive materials, provided, however, that said revenues may be expended by said department only in the following manner: the first two million one hundred fifty thousand dollars accrued from said fees and concessions in fiscal year nineteen hundred and ninety may be expended as authorized herein, whereas an additional five hundred thousand dollars may be expended from revenues collected from said fees and concessions in excess of a total of three million seven hundred thousand dollars, provided further, that not less than one hundred dollars of this amount shall be expended on automating reservation and fee collection systems, provided further, that an additional eight hundred and fifty thousand dollars may be expended from revenues from said fees and concessions in excess of a total of six million two hundred thousand dollars `tc6 $3,500,000 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2350-0310 `tc4 The department of fisheries, wildlife and environmental law enforcement may expend an amount not to exceed fifty thousand dollars for the establishment of regulations, and the division may expend an amount not to exceed thirty-five thousand five hundred twenty dollars to administer the boat titling program, and the division may expend an amount not to exceed eighteen thousand dollars for the operation and maintenance of an offshore patrol boat in the coastal waters of the commonwealth, from revenues accrued from the collection of fines, penalties and forfeitures accrued under sections six F and six G of chapter twenty-one of the General Laws, provided that the complaining officer is an environmental police officer or a deputy environmental police officer and from revenues accrued from the collection of boat titling fees, pursuant to chapter ninety B of the General Laws as established in this act `tc6 $85,520 `tc3 DEPARTMENT OF THE METROPOLITAN DISTRICT COMMISSION. `tc2 Division of Watershed Management. `tc1 2420-0012 `tc4 The division of watershed management shall retain one-half of the revenue raised from logging and related forestry operations on land under the authorization and direction of said division; provided, that revenues retained may be expended on the costs of operating and maintaining said program, including the purchase of equipment, supplies, and materials incidental thereto; provided further, that revenue retained shall not exceed two hundred thousand dollars `tc6 $200,000 `tc1 2440-0009 `tc4 The metropolitan district commission may expend an amount not to exceed twenty thousand dollars accrued from fees collected from public parking in the metropolitan district commission's lot at two hundred and fifty Warren Avenue in Boston, for the sole purpose of staffing said parking lot during high capacity North Station events `tc6 $20,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Division of Community Affairs - Housing Appeals Process. `tc1 3722-9319 `tc4 The department of community affairs may expend an amount not to exceed seventy-five thousand dollars accrued from fees collected through the comprehensive permit process established pursuant to chapter seven hundred and seventy-four of the acts of nineteen hundred and sixty-nine, including the costs of personnel, subject to the approval of the secretary of the executive office of communities and development, including not more than three positions `tc6 $75,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Office for Children. `tc1 4130-0005 `tc4 The office for children may expend revenues in an amount not to exceed two hundred and thirty thousand dollars, accrued through day care licensing fees and the supplying of day care lists `tc6 $230,000 `tc3 Department of Public Health. `tc2 Infant Formula Price Enhancement. `tc1 4513-1012 `tc4 The commissioner of the department of public health may expend an amount not to exceed ten million dollars from revenues received from the infant formula price enhancement system, hereby authorized, for the purpose of increasing the caseload of the WIC program `tc6 $10,000,000 `tc3 Board of Regents. `tc1 7100-1111 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the boards of trustees of each public institution of higher education shall retain and may expend, for the administration and maintenance of each such public institution, in an amount not to exceed in the aggregate twenty-seven million five hundred thousand dollars, revenues which are attributable solely to the increase in the authorized tuition rates approved by the board of regents in fiscal year nineteen hundred and ninety over the rates in existence in fiscal year nineteen hundred and eighty-eight; provided that, said funds shall be retained and expended from tuition retention accounts and shall be subject to regulations adopted by the board of regents; provided further, that said regulations shall establish the maximum amount of revenues to be retained by each public higher education institution which, in the aggregate, shall not exceed said twenty-seven million five hundred thousand dollars; provided further, that pursuant to said regulations, each college or university shall prepare a spending plan for such funds; provided further, that all revenues credited to and all expenditures made from these accounts shall be subject to annual audit by the board of regents `tc6 $27,500,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Registry of Motor Vehicles. `tc1 8400-0002 `tc4 The registry of motor vehicles may expend revenues accrued from fees charged for salvage title certificates and inspections in an amount not to exceed six hundred thousand dollars for the purpose of implementing the salvage title program `tc6 $600,000 `tc1 8400-0008 `tc4 The registry of motor vehicles may expend revenue accrued from 1) fees charged for class 1 and 2 commercial licenses and 2) reimbursements received from federal commercial driver's licenses grants in an amount not to exceed nine hundred seventy-five thousand five hundred dollars for the purpose of implementing the federal commercial drivers licensing program `tc6 $975,500 `tcol;end

SECTION 5. Section 32 of chapter 6A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 3, the words "fair, reasonable and adequate",- and by inserting after the word "industries", in line 5, the words:- which are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal law, regulations and quality and safety standards, and which are within the financial capacity of the commonwealth.

SECTION 6. Said section 32 of said chapter 6A, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The commission shall not set a rate solely based on the availability of funding if the federal health care finance administration provides written documentation that federal reimbursement would be denied as a result of said rate and said documentation is submitted to the house and senate committees on ways and means.

SECTION 7. Said section 32 of said chapter 6A, as so appearing, is hereby further amended by inserting after the word "institutions", in line 33, the words:- , a projection of rate increases for each class of providers of Title XIX services for the following fiscal year accompanied with a detailed analysis of the factors influencing each increase and an explanation for any rate increase in excess of the medical component of the consumer price index.

SECTION 8. Said section 32 of said chapter 6A, as so appearing, is hereby amended by inserting after the tenth paragraph the following two paragraphs:-

In establishing rates for nursing pools pursuant to section seventy-two Y of chapter one hundred and eleven, the commission shall take into consideration wages and benefits paid by the pool to the medical personnel supplied to a health care facility and that portion of the rate attributable to wages and benefits shall not exceed the prevailing wages and benefits allowed for permanent medical personnel of the same type at such health care facilities. Such rate shall also take into consideration the reasonable administrative expenses and an allowance which shall provide a reasonable return on equity. The commission shall establish procedures whereby nursing pools shall submit accountable cost reports, which may be subject to audit, to the commission for the purpose of establishing such rates. The commission shall establish interim rates for nursing pools until such time as said reports are complete.

The commission shall set rates for said rest homes, nursing homes, and convalescent homes, beginning with interim rates for the rate year beginning October first, nineteen hundred and eighty-nine, by recalculating the base year whenever estimated costs for payments to nursing pools are no longer reflective of or are higher than actual costs to said facilities for said payments.

SECTION 9. The fourteenth paragraph of said section 32 of said chapter 6A, as so appearing, is hereby amended by adding the following two sentences:- In implementing regulations which pertain to Title XIX reimbursement, and particularly when establishing or changing rates of reimbursement to providers under Title XIX, the commission shall, as provided in its interagency agreement with the department of public welfare dated March second, nineteen hundred and eighty-nine, and as it may be amended from time to time, follow the requirements and objectives of the Title XIX state plan, as administered by the department, and of the federal statutes and regulations promulgated under Title XIX itself. Said department shall supply the commission with its reimbursement policies and objectives and all changes thereto, to facilitate the commission's compliance with the requirements and objectives of said Title XIX state plan.

SECTION 10. Said section 32 of said chapter 6A, as so appearing, is hereby further amended by adding the following paragraph:-

In the event that any aggregate rates certified by the commission exceeds the upper limit of payment in effect for any period under Titles XVIII or XIX of the Social Security Act, or any other requirement of said Titles, where applicable, the commission shall redetermine and recertify any such aggregate rates in order to bring them into compliance with such federal requirement for the entire period during which such upper limit is effective.

SECTION 11. The first paragraph of section 87 of said chapter 6A, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The amount of total private sector liability to the pool for this purpose shall equal: three hundred twenty-five million dollars for fiscal year nineteen hundred and eighty-eight; three hundred thirty million, five hundred thousand dollars for fiscal year nineteen hundred and eighty-nine; three hundred and twelve million plus eight million dollars to be transferred to the vaccine trust fund for fiscal year nineteen hundred and ninety; and three hundred twelve million dollars plus eight million dollars to be transferred to the vaccine trust fund minus the amount appropriated by the commonwealth for coverage of hospitalization expenses for recipients of benefits under chapter one hundred and seventeen for fiscal year nineteen hundred and ninety-one; provided, however, that for the purposes of subsection seven of section fifteen of chapter one hundred and eighteen F, calculation of the total private sector cap shall not include funds transferred to the vaccine trust fund.

SECTION 12. Section 12 of chapter 7A of the General Laws, as so appearing, is hereby amended by inserting after the word "institutions", in line 12, the words:- and obligations and expenses incurred by the commonwealth for bond counsel and bond underwriting.

SECTION 13. Said section 12 of said chapter 7A, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-

Said report shall also contain a statement showing the total medicaid liability, whether paid or unpaid, taking into account the best estimate of the impact of final rate settlements for services rendered during the preceding fiscal year.

SECTION 14. Sections thirty-five A, thirty-five B and thirty-five C of chapter ten of the General Laws are hereby repealed.

SECTION 15. Said chapter 10 is hereby further amended by inserting after section 51 the following seven sections:-

Section 52. There shall be, in the office of the state treasurer, but not subject to its control, a Massachusetts cultural council, hereinafter referred to in this section and in sections fifty-three to fifty-eight, inclusive, as the council, consisting of fifteen members to be appointed by the governor from among qualified private citizens of the commonwealth who have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, interpretive sciences, and local arts. The fifteen members of the council shall serve staggered, three year terms, and every year the governor shall make five new appointments, and five members' terms shall expire. Upon the expiration of the term of any member, the member's successor shall be appointed for a term of three years. Any vacancy shall be filled for the balance of the unexpired term. Elected public officials shall not be eligible for appointment to the council. Said members shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. In making such appointments the governor shall give due consideration to recommendations made by representative civic, educational, and professional groups concerned with the arts, humanities, interpretive sciences or local arts and shall maintain a reasonable representation among them. The governor shall also seek to assure membership from varied regions of the state. The governor shall designate a chairman and vice chairman from the members of the council to serve as such at the pleasure of the governor. The council shall, by majority vote, approve for each year a program and a budget, and the chairman shall be the chief executive officer of the council to carry out such programs within the budget.

The council shall have an executive director with experience and a continuing interest in the arts, humanities and interpretive sciences who shall be appointed by and serve at the pleasure of the chairman and the council, and whose compensation shall be fixed by the council, all subject to the consent of a majority of the council. The position of executive director and all other positions established pursuant to this section shall not be subject to the provisions of section nine A of chapter thirty nor the provisions of chapter thirty-one.

Section 53. The council shall stimulate and encourage throughout the commonwealth the practice, study, and appreciation of the arts, humanities, and interpretive sciences in the public interest. The council shall make such reviews or surveys as it deems advisable of the facilities, activities, and needs of public and private institutions, and organizations within the commonwealth concerned with the arts, humanities, and interpretive sciences, and community and local arts organizations within the commonwealth. It shall encourage and make recommendations concerning the development on the local level of institutions and organizations which further the practice, study and appreciation of the arts, humanities and interpretive sciences in the interests of the citizens of the commonwealth. The council shall annually submit to the budget director the estimates required by sections three and four of chapter twenty-nine, and shall file an annual report as required by sections thirty-two and thirty-three of chapter thirty.

Section 54. The council may hold public and private hearings; may enter into contracts with individuals, organizations and institutions for services furthering the objectives of the council's program; may enter into contracts with local or regional associations for cooperative endeavors furthering the council's programs; may accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering the council's program; may make and sign any agreement and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of sections fifty-two through fifty-eight, inclusive.

The council shall establish and from time to time issue or revise as necessary, guidelines, rules, rulings or regulations for the use of state arts lottery or other funds allocable to it and for its own and local or regional arts lottery council operations and procedures, and to interpret or carry out the purposes of sections fifty-two through fifty-eight inclusive, including but not limited to, the power to delegate certain of the council's decision-making as the council may deem appropriate to a committee of the council's membership specially knowledgeable in the appropriate discipline or subject matter. The council may request from any department, division, board, bureau, commission or agency of the commonwealth such assistance and data as will enable it properly to carry out its powers and duties.

Section 55. This section and sections fifty-three and fifty-four shall constitute the plan of the commonwealth as required by the National Foundation on the Arts and Humanities Act of 1965 (Public Law 89-209). The council shall be the sole agency of the commonwealth for the administration of said Act. The state treasurer shall be custodian of funds received by the commonwealth under section 5 (h) of said Act, and said funds shall be expended solely by the council, without special appropriation, on projects and productions approved by it which carry out one or more of the objectives of section 5 (c) of said Act.

Section 56. The council shall stimulate and encourage the arts and humanities within cities and towns by administering the distribution of the Arts Lottery Fund established under the provisions of section fifty-seven to the several cities and towns as hereinafter provided and by providing guidance, advice, and assistance to local or regional arts lottery councils established under the provisions of section fifty-eight.

The council shall receive applications for said funds from local and regional arts lottery councils and shall determine if applications for funds comply with said guidelines, rules, rulings or regulations. The council, upon the determination of compliance with its guidelines, rules, rulings or regulations, shall certify to the comptroller the payment to the several cities and towns to the extent that monies would be payable to such cities and towns under the provisions of section eighteen C of chapter fifty-eight; provided, however, that the definition of "persons who reside in the commonwealth" as contained in clause (3) of paragraph (a) of said section eighteen C shall be construed not to include the population of those cities, towns or consortiums of cities and towns which have not established local or regional arts lottery councils for the purpose of distributing funds under the provisions of this section; and further provided, however, that the arts lottery funds for the arts shall not be added to the Local Aid Fund pursuant to the provisions of section two D of chapter twenty-nine but shall be separately distributed as provided in section fifty-eight. Arts lottery funds so certified and allocable to a local or regional arts lottery council shall be deposited with the treasurer of the appropriate city or town and expended as provided in such applications as approved by the council and as provided in section fifty-eight. Funds not so certified shall, at the discretion of the council, be retained for the account of such local or regional arts lottery council, or returned to the State Arts Lottery Fund.

Section 57. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the State Arts Lottery Fund. Said fund shall consist of all revenues received from the sale of arts lottery tickets or shares and all other monies credited or transferred thereto from any other fund or source pursuant to law. As of July first and January first of each year, the comptroller shall determine the net balance in the State Arts Lottery Fund derived from arts lottery revenues for the preceding six months after deductions are made for (1) the amounts paid or incurred for prizes to holders of the winning lottery tickets or shares during such six month period, (2) the expenses of the state lottery commission in administering and operating the lottery for the arts for such six month period, subject to appropriation, as certified by the commissioner of administration, which amount the treasurer shall, as of such July first or January first, transfer to the General Fund, (3) the expenses of administration of the council for such six month period, including expenses of members, subject to appropriation, as certified by the commissioner of administration, and which amount the treasurer shall, as of such July first or January first transfer to the General Fund. Such net balance of any arts lottery revenues for such preceding six month period not already deducted in clauses (1), (2) or (3), if any, shall be allocated and expended as follows: (a) one million five hundred thousand dollars shall be retained in the State Arts Lottery Fund and shall be available for distribution by the council as hereinafter provided in this section and sections fifty-six and fifty-eight; (b) the amount determined by the comptroller as of July first and January first not already allocated in clause (a) shall be transferred to the Local Aid Fund. The amounts remaining including (i) the amount determined under clause (a) above, (ii) any amounts credited or transferred to the State Arts Lottery Fund and not yet distributed derived from sources other than the sale of arts lottery tickets and (iii) any amount in the State Arts Lottery Fund derived from revenues of the arts lottery conducted earlier than such preceding six period, shall be distributed to the several cities and towns as provided under the provisions of section fifty-six and the guidelines, rules, rulings or regulations issued by the council. The council may determine the time and the amount of the distribution of such funds as the council may deem necessary or desirable to carry out the purposes of sections fifty-six to fifty-eight, inclusive; provided, however, that each eligible city or town shall be eligible to receive an annual minimum of one thousand dollars, of which amount a minimum of five hundred dollars shall be allocated to a program to assist Massachusetts school children as hereinafter provided; and provided further, that five hundred thousand of the amount allocated under clause (a) above shall be utilized by the council for a program to assist Massachusetts school children to attend commercial or non-profit cultural events including, but not limited to theatre, ballet, opera, symphony, and other performing arts. Participating institutions must make a continuing commitment to the council to provide tickets for the students at a maximum cost per ticket to be determined by the council.

Section 58. Any city or town may establish a local arts lottery council and any consortium of cities and towns, with the approval of the council, may establish a regional arts lottery council. Local arts lottery councils shall consist of at least five and not more than twenty-two members to be appointed by the mayor of a city, the city manager in a city having a Plan D or E form of government, the board of selectmen of a town or the executive officer in a town having a town council form of government.

Regional arts lottery councils shall consist of an equal number of members to be appointed from each city or town within the consortium in the manner herein described. The regional arts lottery council may adopt, at its option, a proportional membership consistent with the population of each municipality; provided, however, that each municipality shall have at least one member; and provided, further, that the adoption of such option shall be by a two-thirds vote of the regional arts lottery council. Notwithstanding any provisions to the contrary, if the council deems it necessary or desirable in order to carry out the purposes of this section and sections fifty-six and fifty-seven, the council may certify for payment in accordance with the provisions of section fifty-six those applications for funds received from any local or regional arts lottery councils whose composition is determined by the council as not complying with the provisions of this section, provided that upon notice of such noncompliance, such local or regional arts lottery council, or its appointing authority, as the case may be, either cures such noncompliance or provides certification satisfactory to the council of how and by when such compliance will be achieved.

Members of the local and regional arts lottery council shall be appointed for a term of two years and any such member shall not be appointed to more than three consecutive terms. Members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities.

Upon a vacancy, for any reason, the member's successor, if any, shall be appointed for a term of two years, and shall serve until the qualification of such member's successor. Members shall not be elected public officials. Members shall be considered to be special municipal employees for the purposes of chapter two hundred and sixty-eight A. For purposes of chapter two hundred and sixty-eight A, any local or regional arts lottery council member who is authorized thereby to make disclosure to such member's city or town clerk or appointing authority, or to request a determination from such member's appointing authority, or to seek approval from the local legislative body may in lieu thereof, disclose to, or seek such approval from the council, and the council is authorized to receive such disclosure and approve such exemptions. Local and regional arts lottery council members shall be classified as officers for purposes of section thirteen of chapter two hundred and fifty-eight. Members shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. Local and regional arts lottery councils shall annually elect a chairman, secretary and treasurer.

Local and regional arts lottery councils may establish administrative units, but no such arts lottery council shall utilize more than five percent of the monies received from the State Arts Lottery Fund for administrative purposes, including member expenses.

Subject to rules, regulations, rulings or guidelines of the council, such local or regional arts lottery councils may decide the distribution of arts lottery funds or other funds that may be allocable to them, may also conduct other activities to promote and encourage the arts, may enter into contracts, subject to approval of town counsel or city solicitor as to form, and may do and perform any and all acts which may be necessary or desirable to carry out such powers and the purposes of sections fifty-six to fifty-eight, inclusive. Nothing in the provisions of section twenty-seven of chapter ten shall prevent a local or regional arts council or an arts organization, or their agents or employees, from encouraging the sale of lottery tickets for the arts nor from being licensed as agents to sell lottery tickets for the arts. Notwithstanding the provisions of section fifty-three A of chapter forty-four, local and regional arts lottery councils may accept grants, contributions, gifts, bequests, devises, and other donations from all sources, including governmental bodies and shall deposit such monies and any other revenues, including revenues derived from local or regional arts lottery council activities, in the revolving fund established under the provisions of this section. Funds received from sources other than the arts lottery fund may be disbursed at the discretion of the local or regional arts lottery council for the same purposes as arts lottery funds, including administrative expenses, provided, however, that the council may by rule, regulation, ruling or guideline establish further clarification of such purposes as well as procedures to assure that such funds are so used.

Notwithstanding the provisions of section fifty-three of chapter forty-four, any city, town or consortium of cities and towns otherwise pursuant to the provisions of section four A of chapter forty, shall establish in the city or town treasury, or in one of the cities or towns in the consortium a revolving account which shall be kept separate and apart from all other monies by the treasurer and in which shall be deposited all receipts from the state arts lottery fund, distributed under the provisions of section fifty-six, and any other receipts or donations to the local or regional arts lottery council authorized by law. A treasurer of a city, town or regional consortium as custodian may invest such portion of cash as deemed not required until such funds are to be expended and in such investments as are authorized under the provisions of section fifty-five of chapter forty-four. All such funds, including interest earned thereon, may be expended at the direction of the local and regional arts lottery council, without further appropriation; provided, however, that such funds as shall not have been expended twelve months after receipt shall be segregated and subject to further appropriation by the mayor, city council, city manager, board of selectmen or town manager for the purposes provided in sections fifty-six to fifty-eight, inclusive. The city auditor, town accountant, or officer having similar duties, shall submit annually a report of said revolving fund to the mayor, city council, city manager, board of selectmen, or town manager for their review and a copy of said report shall be submitted to the director of the bureau of accounts and the council.

SECTION 16. Sections forty, forty-one, forty-two, forty-three, forty-four and forty-five of chapter fifteen of the General Laws are hereby repealed.

SECTION 17. The fifth paragraph of section 1L of chapter 15 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "cents", in line 20, the words:- ; provided, however, such persons participating in said lunch program may voluntarily pay an amount in excess of the aforementioned required price. Such monies paid in excess of the required price shall be utilized by public or independent schools for the administration of said lunch program.

SECTION 18. Section 5 of chapter 15A of the General Laws, as so appearing, is hereby amended by inserting after the word "body", in line 177, the following two clauses:-

; (bb) submit a written application of HEFA requesting that said Authority undertake a project, as defined in section three of said chapter six hundred and fourteen, on behalf of one or more public institutions for higher education, as so defined; provided, however, that the board of regents shall only make such application for a project on behalf of one or more public universities if such project is approved by the board of trustees of the public university or universities; (cc) transfer or pledge that they will periodically transfer to HEFA any funds available for expenditure by the board of regents, in order to provide for the expenses of HEFA and for the payment of indebtedness incurred by HEFA in connection with any project financed by HEFA on behalf of the board of regents, one or more public institutions of higher education, their affiliated building authorities, or any other organization affiliated therewith, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight; provided, that in the case of any funds expected to be available for expenditure by the board of regents or such other entities pursuant to subsequent appropriation or other spending authorization by the legislature, the board of regents may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the board of regents or any such public institution of higher education, affiliated building authority, or other organization affiliated therewith, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

SECTION 19. Said chapter 15A is hereby further amended by inserting after section 5A the following five sections:-

Section 5B. As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(a) "Community college" shall mean any of the following institutions of higher education: Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Middlesex Community College, Massachusetts Bay Community College, Massasoit Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College, and Springfield Community College, and any other community college established after November first, nineteen hundred and eighty-nine; or, if any such community college shall be abolished, any institution succeeding to the principal functions thereof.

(b) "Community college affiliate" shall mean any organization affiliated with a community college, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty- eight.

(c) "HEFA" shall mean the Health and Educational Facilities Authority created by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given into law.

(d) "Project" shall have the meaning given in the case of a participating institution of higher education in paragraph (b) of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight.

Section 5C. The board of regents may, in the name and on behalf of the commonwealth, upon such terms and with or without consideration, do any or all of the following in order to aid and contribute to the performance of the educational and other purposes of any community college:

(a) Sell, convey or lease to HEFA or any community college affiliate real or personal property owned by the commonwealth in a city or town in which a community college is located or grant easements, licenses or any other rights or privileges therein to HEFA to any community college affiliate. Neither HEFA nor any community college affiliate shall be liable to taxation upon any real property, including any building or buildings erected thereon, or personal property sold, conveyed or leased under this section;

(b) Cause private ways, sidewalks, footpaths, ways for vehicular travel, parking areas, water, sewage or drainage facilities and similar improvements and steam service and other utilities and connections for heating and other necessary purposes to be furnished to or in any project carried out by HEFA or any community affiliate;

(c) Make available to HEFA or to any community college affiliate the services of officers and employees of a community college and office space and facilities in a community college for, among other things, billing and collecting rents, fees, rates and other charges for the use and occupancy of property of HEFA or any community college affiliate by one or more community colleges or community college affiliates, students, staff and their dependents; renting and leasing rooms and other accommodations in the buildings and structures of HEFA or a community college affiliate; cleaning, heating, daily operation of and repairs to and maintenance of such buildings and structures and other property of HEFA or any community college affiliate; and keeping all books of account for HEFA or any community college affiliate;

(d) Establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartment; provided, that all income received from such projects or activities shall be held in trust by the board of regents and expended for the purpose for which the trust fund was established; provided, further, that the board of regents may, for the purposes of this section or section five D, group together several or more projects and activities into one or more funds as is, in its judgment, required to best effectuate the purposes of the projects and activities and the purposes of the community colleges; and provided, further, that any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the board of regents for the general purposes of the community colleges;

(e) Do any and all things authorized by law and necessary or convenient to aid and cooperate with HEFA or any community college affiliate in carrying out the purposes of HEFA or such community college and exercising their powers and in complying with the provisions of any trust agreement into which HEFA may enter in connection with any project financed by HEFA on behalf of any community college or community college affiliate.

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. No lease or other agreement made under this section or section five D made by HEFA, or the commonwealth acting through the board of regents, or any other community college affiliate to HEFA, the commonwealth acting through the board of regents, or any other community college affiliate shall be subject to any provision of law relating to publication or to advertising for bids, and any such lease or agreement may be entered into and shall become effective without any necessity for any order of court or other action or formality other than the regular and formal action of the authorities concerned. No sale, conveyance, lease, or grant made under this section to HEFA or any community college affiliate by the board of regents or by any community college affiliate shall be subject to the provisions of section forty F, section forty F 1/2, section forty H, or section forty I of chapter seven of the General Laws; provided, that the board of regents may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that - in connection with (i) any project upon any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, the commonwealth acting through the board of regents or otherwise, or a community college affiliate of any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections - HEFA or such community college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of chapter seven of the General Laws and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine of the General Laws.

Section 5D. To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of any community college or any community college affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the board of regents under the provisions of section five C, or any other community college affiliate to HEFA, or the commonwealth acting through the board of regents, or any other community college affiliate of buildings or other property, the board of regents may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or to any community college affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held as trust funds for any community college under the provisions of paragraph (d) of section five C, administered on behalf of any community college as gifts, grants, or trusts under the provisions of clause (e) of section ten of chapter fifteen A of the General Laws, made available for expenditure on behalf of any community college pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the board of regents, and (ii) may contract with HEFA or any community college affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight; provided, that in the case of any funds expected to be available for expenditure by the board of regents pursuant to subsequent appropriation or other spending authorization by the legislature, the board of regents may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The board of regents may impose such terms and conditions as to the application of the funds so transferred as the board of regents deems appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of chapter fifteen A of the General Laws. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the board of regents, any community college, or any other community college affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

Section 5E. HEFA may sell the buildings or other structures upon any land acquired by it pursuant to section five C and which are not included in a project, or may remove the same, and may sell or lease any lands or rights or interest in lands or other property acquired for the purposes of this act whenever the same shall, in the opinion of HEFA, cease to be needed for such purposes. The proceeds of any such sale or lease shall be held and disposed of as revenues from the project for or with respect to which the property sold or leased shall have been acquired; provided, however, that except as permitted by section five C, no property acquired from the commonwealth shall be sold or leased without prior approval of the governor and council; and provided further that the proceeds of any sale or lease of any such property shall be paid to the treasurer and receiver-general of the commonwealth and shall be credited on the books of the commonwealth to the General Fund.

In the event that the board of regents shall sell, convey or lease to HEFA any dormitory, dining commons or boarding hall faculty or student apartment building or student union building at any community college and owned by the commonwealth or any interest of the commonwealth in or to such a building so located but owned by another, and in the further event that funds for the rental or maintenance of such building or buildings have been provided by appropriation from general funds of the commonwealth for any fiscal year ending after the effective date of such sale, conveyance or lease, such sale, conveyance or lease shall provide that the rentals, fees or other charges levied for the use of such building or rooms or accommodations therein or services provided therein in such fiscal years shall be retained by or paid to the treasurer and receiver-general of the commonwealth, as the case may be.

Section 5F. Upon application by the trustees of any state university, the board of regents may exercise on behalf of such university and its university affiliates all the powers it has with respect to community colleges or community college affiliates under sections five C and five D.

SECTION 20. The second sentence of the third paragraph of subsection (D) of section 2 of chapter 18 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out clauses (a), (b), and (c) and inserting in place thereof the following three clauses:-

(a) for the prevention of the loss of housing, the actual liability up to three times the monthly rental or mortgage liability;

(b) for the prevention of utility shutoffs or for the resumption of utility services, up to three months of the actual service liabilities;

(c) for the provision of home heating assistance, up to three months of the actual fuel liabilities.

The department shall promulgate regulations which would authorize the department to make payments for a fourth month of rent, utility or fuel arrearages if the commissioner cerfities in writing that the family would otherwise become homeless, or be without utilities or fuel.

SECTION 21. The first paragraph of section 22 of said chapter 18, as so appearing, is hereby amended by adding the following paragraph:-

The department of public welfare shall implement a program of assessment of the threats to the health and safety of families at risk of homelessness prior to the placement of such families in temporary shelter, provided, however, that said program of assessment shall include a mandatory home or site visit in each case; provided further, that said program of assessment need not be applied to families threatened with homelessness due to fire, disaster, sanitary code violations, medical conditions, abuse, or eviction of primary tenant due to the sale or conversion of said dwelling, provided that proper written documentation is presented in each case to verify said threat of homelessness. Whenever practical, said program of assessment shall include mediation with the landlord or owner of the dwelling in which said family resides. Said program may be implemented by means of an interagency agreement with the department of social services; provided, however, that no funds may be paid by the department of public welfare to the department of social services for the purpose of implementing said interagency agreement.

SECTION 22. Chapter 21 of the General Laws is hereby amended by striking out section 6F, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 6F. If the director, his assistant or any environmental police officer, deputy environmental police officer, members of the state and metropolitan district police, local police, local town law enforcement officials in shellfish beds over which they have jurisdiction, or harbormasters acting pursuant to authority arising under chapter ninety B, employed to enforce the sections contained in section six G determines that a violation thereof has occurred or is occurring, he may request the offender state his name and address.

Whoever, upon such request, refuses to state his name and address may be arrested without a warrant, or if he states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not more than two hundred dollars. Such officer may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than twenty-one days after the date of such violation.

Six copies of such notice shall be made and each shall contain the name and address of the offender and, if served with the notice in hand at the time of such violation, the number of his license, if any, to operate motor vehicles; the registration number of the vehicle or motorboat involved, if any; the number of the license, certificate of permit, if any, issued pursuant to chapter one hundred and thirty or chapter one hundred and thirty-one which is relevant to the violation; the specific offense or offenses charged and the time and place of the violation; and the time and place for his required appearance. Such notice shall be signed by the officer, and shall be signed by the offender in acknowledgement that the notice has been received. The officer shall deliver to the offender at the time and place of the violation a copy of said notice. At or before the completion of each tour of duty the officer shall forward to his commanding officer copies of each notice of such violation that he has issued during such tour. Said commanding officer shall promptly mail one copy of each notice to the director and shall retain and safely preserve one copy. Before the end of his tour of duty such issuing officer shall forward to the respective court before whom the offender has been notified to appear the court copy of each notice of such violation that he has issued during such tour. The clerk of each district court shall maintain a separate docket of all such notices to appear.

Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing; or may mail to such clerk, with the citation, the fine provided therein, provided that it is the first offense for such violation within two calendar years.

At the time of such appearance said person shall provide the clerk with the notice issued by said officer and shall pay to the clerk the fine as provided in section six G, such payment to be made only by cash, postal note, money order or certified check. Payment of such fine shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and a person notified to appear before the clerk of a district court shall not be required to report to any probation officer, and no record of the case shall be entered in the probation records. If at any time the court finds that the interests of justice so require, it may cause a warrant to be issued as provided in section thirty-two of chapter two hundred and eighteen.

If any person notified to appear before the clerk of the district court fails to so appear and pay the fine provided hereunder or, having appeared, desires not to avail himself of the procedure for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with a summons issued upon such complaint, the clerk shall send to such person by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within twenty-one days from the sending of such notice, the court shall issue a warrant for his arrest.

The director, his assistants, any environmental police officers, deputy environmental police officers, members of the state police, members of the metropolitan district police, local police and shellfish constables in areas of their respective jurisdiction empowered to enforce the sections in section six G may seize any fish, birds, or mammals unlawfully taken or held which shall be forfeited to the commonwealth and disposed of by the director for the best interests of the commonwealth.

The commissioner of the department of fisheries, wildlife and environmental law enforcement shall adopt rules and regulations consistent with the provisions of this chapter and shall file said regulations in accordance with the provisions of section thirty-seven of chapter thirty.

All fines, penalties and forfeitures in actions under this section or section six G shall be paid to the general fund of the city or town in which the violation occurred, provided that if the complaining officer is receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid to the commonwealth, and provided, further, that if the complaining officer is an environmental police officer or deputy environmental police officer, such fines, penalties and forfeitures shall be retained by the division of law enforcement; and provided further that if the complaining officer is a chief park ranger or park ranger, such fines, penalties, or forfeitures shall be forwarded to the department of environmental management to be deposited as revenue and shall be applicable to the department's retained revenue account. At the end of each fiscal year, the division of law enforcement shall pay the inland fish and game fund an amount equivalent to the sum of all fines, penalties and forfeitures received by the division of law enforcement during such fiscal year for violations of chapter one hundred and thirty-one or the regulation promulgated thereunder.

The director shall issue books of non-criminal citation forms to the enforcement personnel authorized under this section.

SECTION 23. Said chapter 21 is hereby further amended by striking out section 6G, as so appearing, and inserting in place thereof the following section:-

Section 6G. A person notified to appear before the clerk of a district court as provided in section six F for a violation of section four A of chapter twenty-one, the regulations promulgated pursuant to section seventeen A of said chapter twenty-one, or the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of such division, may so appear within the time specified and pay a fine of fifty dollars.

A person notified to appear before the clerk of a district court as provided in section six F for a violation of sections two, three, four, five, five A, six, seven, subsection (b) of section nine, section twelve, twelve A or thirteen A of chapter ninety B may so appear within the time specified and pay a fine of fifty dollars.

A person notified to appear before the clerk of a district court as provided in section six F for violation of subsections (b), (c) and (e) of section eight of said chapter ninety B may so appear within the time specified and pay a fine of one hundred dollars.

A person notified to appear before the clerk of a district court as provided in said section six F for violation of section seventeen A, thirty-three, thirty-four, thirty-six, thirty-nine, forty, fifty-one, sixty-nine, seventy, seventy-one, seventy-two, eighty, eighty-one, eighty-two, ninety-five, or one hundred of chapter one hundred and thirty may so appear within the time specified and pay a fine of fifty dollars.

A person notified to appear to before the clerk of a district court as provided in said section six F for violation of sections thirty-five, thirty-seven, thirty-eight, thirty-eight A, forty-one, forty-one A, forty-four, sixty-seven, sixty-eight, eighty, ninety-two, one hundred A or one hundred C of said chapter one hundred and thirty may so appear and pay a fine of one hundred dollars.

A person notified to appear before the clerk of a district court as provided in said section six F for a violation of section forty-seven and section seventy-five of chapter one hundred and thirty may so appear within the time specified and pay a fine of two hundred dollars.

A person notified to appear before the clerk of a district court as provided in said section six for a violation of sections one, five, six, eight, ten, eleven, thirteen, sixteen, nineteen A, twenty-three to twenty-five, inclusive, twenty-six, twenty-six A, twenty-seven, twenty-eight, thirty, thirty-two, thirty-three, thirty-six, thirty-eight, forty-four, forty-seven, forty-nine to fifty-four, inclusive, fifty-seven, fifty-nine, sixty-nine, seventy-one, seventy-two, seventy-six, seventy-seven, seventy-nine, eighty, or eighty-two of chapter one hundred and thirty-one may so appear and pay a fine of fifty dollars.

A person notified to appear before the clerk of a district court as provided in said section six F for violations of section fifty-eight, sixty-five, sixty-six, sixty-seven, seventy, seventy-five A, or eighty A of said chapter one hundred and thirty-one may appear and pay a fine of one hundred dollars.

SECTION 24. The definition of "Project" in section 30 of chapter 23A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "funds", in line 95, the words:- and shall also include the issuance of tax-exempt debt instruments for working capital and fuel, supplies, or other items, the cost of which are customarily deemed to result in a current operating charge, for any hospital, health maintenance organization, and nursing home which is considered to be an institution according to the definition of "institution" and for any nursing home for which the agency is otherwise authorized by law to provide financing.

SECTION 25. The first paragraph of section 18 of chapter 25 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Said assessments shall be made at a rate not exceeding one-tenth of one percent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department and for fringe benefits and other indirect costs of employees of the department in the fiscal year in which the assessment is made, exclusive of funds appropriated by the general court for the transportation division.

SECTION 26. The third sentence of said first paragraph of section 18 of said chapter 25, as so appearing, is hereby amended by inserting after the word "department", in line 20, the words:- and for fringe benefits and other indirect costs of employees of the department.

SECTION 27. Section 8H of chapter 26 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The division of insurance is directed to require all health insurers and health maintenance organizations doing business in the commonwealth to identify persons who are recipients of medical assistance under chapter one hundred and eighteen E or recipients of health care services, including hospital and other services funded through the uncompensated care pool under chapter one hundred and eighteen F, or who are responsible for supporting such recipients, and who are also beneficiaries under any policy for health insurance or parties to any health maintenance contract in force and effect in the commonwealth. The department of public welfare and the department of medical security shall provide information to the extent sufficient to allow all insurers to identify such persons. Such information shall be made available by such insurers and health maintenance organizations and by the departments only for the purposes of and to the extent necessary for identifying such persons. No health insurer or health maintenance organization which complies with this section shall be liable in any civil or criminal action or proceedings brought by such beneficiaries or members on account of such compliance. The division shall further direct all health insurers and health maintenance organizations doing business in the commonwealth to participate with the departments in any procedures, including but not limited to automated file matches, conducted under the direction of the departments for the purpose of identifying those persons who are recipients of medical assistance under chapter one hundred and eighteen E or recipients of health care services, including hospital and other services funded through the uncompensated care pool, under chapter one hundred and eighteen F, or who are responsible for supporting such recipients, and who are also beneficiaries under any policy for health insurance or parties to any health maintenance contract in force in the commonwealth. Participation in such a procedure by a health insurer or health maintenance organization doing business in the commonwealth shall include but not be limited to reasonable financial participation in the cost of any such procedure. The commissioner of insurance is authorized to promulgate regulations necessary to ensure the effectiveness of this section.

SECTION 28. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "State agency" the following definition:-

"State Authority", shall include the following: Bay State Skills Corporation, Boston Metropolitan District, Centers of Excellence Corporation, Community Economic Development Assistance Corporation, Community Development Finance Corporation, Government Land Bank, Massachusetts Bay Transportation Authority, Massachusetts Business Development Corporation, Massachusetts Convention Center Authority, Massachusetts Corporations for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Horse Racing Authority, Massachusetts Housing Finance Agency, Massachusetts Industrial Finance Agency, Massachusetts Industrial Service Program, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Pension Reserves Investment Management Board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, and the Water Pollution Abatement Trust.

SECTION 29. Said section 1 of said chapter 29, as so appearing, is hereby further amended by inserting after the definition of "Direct appropriation" the following definition:-

"Direct debt limit", the sum of the principal amounts of all direct debt issued by the commonwealth for the purposes of financing state projects and purposes with the exception of debt issued on a short-term basis in anticipation of receipts from taxes and other sources.

SECTION 30. Section 5D of said chapter 29, as so appearing, is hereby amended by adding the following paragraph:-

The comptroller shall make charges to recover the commonwealth's costs of fringe benefits provided to or on behalf of any person paid compensation by any state agency, state authority, or public institution of higher education, or by any entity otherwise directly or indirectly receiving state funds, from any source other than a direct expenditure of an appropriation charged to a state fund subject to the provisions of the preceding paragraph. The comptroller may establish such systems of periodic charges or billings as he deems necessary and appropriate to ensure the recovery of said costs. Any bill rendered for the purpose of recovery of said costs shall be payable to the comptroller within thirty days of receipt of said bill, provided that all amounts so paid shall be credited to the General Fund.

SECTION 31. Said chapter 29 is hereby amended by striking out section 12B, as so appearing, and inserting in place thereof the following section:-

Section 12B. Notwithstanding the provisions of any general or special law to the contrary, and in accordance with generally accepted accounting principles, the fiscal year for the payment of classified personal services shall be the fiscal year established by clause ninth of section seven of chapter four.

SECTION 32. Said chapter 29 is hereby further amended by striking out section 29A, as so appearing, and inserting the following section:-

Section 29A. Notwithstanding any provision of any special or general law of the contrary. (a) No department or agency within, the Executive branch of state government and no authority established under state law shall enter a consultant contract which does not meet the following requirements. As used herein the word "consultant" shall mean any person who, as a non-employee of the commonwealth or an authority, renders advice or service regarding matters in the field of his knowledge or training.

(1) No consultant contract shall be entered where the overhead charges plus the profit exceeds the compensation paid the consultant for his employees salaries.

(2) No consultant contract shall be entered which authorizes expenses for a consultant to travel into or out of Massachusetts unless the travel is undertaken for a public purpose required by the consultant's contract and unless the travel is to a place other than an office maintained by the consultant.

(3) No consultant contract shall be entered which authorizes any expense reimbursement greater than thirty percent above similar expenses received by the employees of the department or agency within the executive branch or the employees of the authority.

(4) No consultant contract shall be amended to require expenditures in excess of twenty percent of the original contract or fifty thousand dollars whichever is less.

(5) No consultant contract shall be entered for a period longer than two years or amended to extend the contract for more than one year.

(6) Except for a consultant contract entered with an individual, no contract shall be entered for an amount in excess of twenty-five thousand dollars without seeking competitive bids.

(7) No consultant contract shall be entered with an individual for an amount in excess of one hundred thousand dollars per year.

(8) Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for employee positions. No department or agency within the Executive branch of state government shall enter a consultant contract whether with an organization or individual unless at least eighty percent of the services to be delivered are of a type not covered by the classification plan of the commonwealth. Whenever any department or agency has used a consultant to perform a type of services not covered by the classification plan for ten months per year in each of the previous three years or anticipates using a type of service not covered by the classification plan ten months per year for a period of three years, it shall forthwith request the Personnel Administrator to develop a classified position and shall not enter a consultant contract for those type services for a period greater than one year until a classified position is developed.

(9) Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for employee positions. No authority shall enter a consultant contract with an organization or individual unless at least eighty percent of the services are of a type not covered by its own classification plan or the classification plan of the commonwealth. Whenever an authority has used a consultant to perform a type of services not covered by its own classification plan or the classification plan of the commonwealth for at least ten months per year in each of the previous three years or anticipates using a type of service not covered by its own classification plan or the classification plan of the commonwealth for at least ten months per year for a period of three years it shall forthwith develop a classified position and shall not enter a consultant contract for those type services for a period greater than six months.

(10) No person employed as a consultant so-called by a department or agency within the executive branch of state government or by an authority shall directly or indirectly supervise a temporary or permanent employee of the commonwealth or of the authority.

(b) Expenditures by any agency within the executive branch of state government or any authority established under state law shall be restricted as follows:

(1) Except as provided in paragraph (2) and paragraph (4), no department or agency within the executive branch of state government shall expend monies on consultant contracts in any fiscal year in excess of the amounts provided herein. Each department or agency in state government shall limit its consultant expenditures in any fiscal year to a percentage based on the total salaries paid department or agency employees in the previous fiscal year in accordance with the following formula:

`ts Total Salaries Paid Agency Expenditures on Consultants

Employees of the in the Present Fiscal Year as a

State Agency in the Percentage of Employee Salaries

Previous Fiscal Year. in the Prior Fiscal Year.

`t+1 _______________________________ ________________________

`t+1

Under 2 million 7.5% not less than $100,000.

2 million to 4 million 5.0% not less than $150,000.

4 million to 8 million 4.0% not less than $200,000.

8 million to 16 million 3.0% not less than $320,000.

over 16 million 2.0% not less than $480,000.

(2) Any department or agency within the executive branch of state government which has need for consultant services in excess of the amounts provided in paragraph (1) may request permission from the secretary of administration and finance to make additional expenditures on consultant services. The secretary may authorize the department or agency to make additional expenditures as he sees fit provided that the total consultant expenditures authorized by the secretary for all departments or agencies within the executive branch in the current fiscal year shall not exceed one percent of the total salaries paid all employees in all departments and agencies in the previous fiscal year.

(3) Except as provided in paragraph (5), no authority shall expend monies on consultant contracts in any fiscal year in excess of the amounts provided herein. Each authority shall limit its consultant expenditures in any fiscal year to a percentage based on the total salaries paid authority employees in the previous fiscal year in accordance with the following formula: `ts

Total Salaries Paid Authority Expenditures on Consultants

Employees of the in the Present Fiscal Year as a

Authority in the Percentage of Employee Salaries

Previous Fiscal Year. in the Prior Fiscal Year.

`t+1 __________________ _______________________________

`t+1

Under 2 million 10% not less than $150,000.

2 million to 4 million 7.5% not less than $200,000.

4 million to 8 million 6.0% not less than $300,000.

8 million to 16 million 4.0% not less than $480,000.

over 16 million 3.0% not less than $640,000.

(4) If a department or agency within the Executive branch of state government is presently spending monies on consultant contracts in excess of the amounts authorized in any fiscal year by Paragraph (b)(1) it shall limit new expenditures, including amendments to existing consultants contracts, to an amount not to exceed fifty percent of the amounts authorized in Paragraph (b)(1), until it meets the limits on consultant expenditures required by Paragraph (b)(1). However, said department or agency shall be allowed to seek permission to expend monies under the provisions of Paragraph (b)(2).

(5) If an Authority is presently spending monies on consultant contracts in excess of the amounts authorized in any fiscal year by Paragraph (b)(3) it shall limit new expenditures, including amendments to existing consultant contracts, to an amount not to exceed seventy-five percent of the amounts authorized in Paragraph (b)(3), until it meets the limits on consultant expenditures required by Paragraph (b)(3).

(c) Reports concerning the use of consultants shall be presented as follows:

(1) Every department and agency within the executive branch of state government and every Authority shall, each fiscal year, submit quarterly reports within thirty days of the end of the quarter to the house and senate committees of ways and means; house and senate post audit committees; and the inspector general. The report shall identify all existing consultant contracts within the department, agency or Authority regardless of the funding source. The report shall identify for each contract: the contracts duration; the name of the contractor; the services performed by the contractor; the contracts maximum dollar obligation; the expenditures made from the beginning of the contract to the end of the previous quarter; the expenditures made from the beginning of the fiscal year to the end of the previous quarter; the expenditures made during the previous quarter and amendments made from the beginning of the contract to the end of the previous quarter. The report shall include a statement signed by the appointing authority of the department, agency or authority, under the penalties of perjury, that no consultant contract has been entered or amended which is in violation of the provisions of this or any other state law.

(2) The secretary of administration and finance shall, each fiscal year, submit quarterly reports, within thirty days of the end of the quarter, to the house and senate committees of ways and means; house and senate post audit committees; and the inspector general. The report shall identify all existing consultant contracts by department or agency for which additional expenditures were authorized during the present fiscal year regardless of the funding source. The report shall identify for each contract: the contracts duration; the name of the contractor; the additional expenditure authorized; the total expenditures made from the beginning of the fiscal year to the end of the previous quarter and the expenditures made during the previous quarter. The report shall include a statement signed by the secretary of administration and finance, under the penalties of perjury, that no expenditure has been made which is in violation of the provisions of this or any other state law.

SECTION 33. Said chapter 29, as so appearing, is hereby amended by inserting after section 29C the following two sections:-

Section 29D. Notwithstanding any provision of law to the contrary, the officer having charge of any state agency is hereby authorized to retain the services of one or more private persons, companies, associations or corporations for the purpose of collection of debts owed to the commonwealth, other than those covered by section three A of chapter fourteen, pursuant to agreements between the comptroller and said private persons, companies, associations or corporations. No state agency shall assign the account of any debtor to a private collection agency until such debtor has been sent a notice, at least thirty days prior thereto, of the intention of the agency to so assign the collection of such unpaid account of such debtor.

The comptroller shall from time to time enter into agreements with one or more private persons, companies, associations or corporations for the provision of debt collection services on behalf of state agencies. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper once a week for at least two consecutive weeks and the last publication to be at least one week prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. The comptroller may reject any or all of such proposals. Any such agreement shall provide, in the discretion of the comptroller, the manner in which the compensation for such services will be paid. Under standards established by the comptroller, such compensation may be added to the amount of the debt and collected as part thereof by the contractor; deducted and retained by the contractor from the amount of debt collected; or paid by the commonwealth from the amount of debt collected without further appropriation therefor.

The comptroller shall, as part of his annual report under section twelve of chapter seven A, list all private persons, companies, associations or corporations with whom the comptroller has agreements for collection services during the fiscal year and the amount of debts collected by and the compensation paid to each such person, company, association or corporation.

Section 29E. The comptroller is hereby authorized to enter into contracts for the purpose of projects to identify and pursue maximum federal reimbursement opportunities for certain federally assisted programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for the purpose of ensuring maximum federal reimbursement for the costs of said projects; provided, however, that payments on account of said project costs shall be made from, and only upon receipt of, federal reimbursement for such costs; provided, further, that the state comptroller shall establish accounts and procedures within the affected departments as he deems appropriate and necessary to accomplish the purposes of this section. The comptroller shall report on said projects as a part of his annual report under section twelve of chapter seven A.

SECTION 34. Section 60A of said chapter 29, as so appearing, is hereby amended by adding the following paragraph:-

There is hereby established a direct debt limit for the commonwealth which shall apply to any direct bonds issued whose issuance would cause the sum of the principal amounts of all direct bonds issued by the commonwealth to exceed the limit set herein. For the fiscal year starting July first, nineteen hundred and ninety, such limit shall be six billion eight hundred million dollars. For each subsequent fiscal year, the limit shall be the limit established for the previous fiscal year plus five percent. The preceding paragraph shall not apply to direct bonds in excess of the direct debt limit. The treasurer is authorized to issue regulations enforcing the provisions of this paragraph, which regulations shall take effect upon their approval by the house and senate committees on ways and means; provided, however, that under no circumstances shall the provisions of this paragraph be interpreted to impair any bond covenants or other guarantees to bond holders relative to any such bonds or notes issued prior to July first, nineteen hundred and ninety.

SECTION 35. Said chapter 29 is hereby further amended by inserting after section 60A the following section:-

Section 60B. Notwithstanding any general or special law to the contrary, the total appropriations authorized for any fiscal year beginning after June thirtieth, nineteen hundred and ninety shall provide that not more than ten percent of all such appropriations shall be expended for payment of interest and principal on general obligation debt of the commonwealth.

SECTION 36. The third paragraph of section 14 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting the following sentence:- For all such persons, the commonwealth shall contribute the same percent share of the total monthly premium or rate for coverage under this section as the percent share it contributes of the health insurance programs provided under sections four, five, six, ten B, ten C, and twelve; and such eligible persons having elected coverage under this section by making application as provided in section seven, shall pay the remainder premium or rate.

SECTION 37. The third paragraph of section 16 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Eligible persons, having elected coverage under this section by making application as provided in section six, shall pay a minimum of ten percent of the total monthly premium cost or rate for coverage under this section, and the governmental unit shall pay the remainder of the total monthly premium cost or rate; provided, however, that nothing in this chapter shall preclude the parties to a collective bargaining agreement under chapter one hundred and fifty E from agreeing that such eligible persons shall pay a percent share of such total monthly premium cost or rate which is higher than said ten percent; provided, further, that such eligible persons shall in no event be required to pay more than fifty percent of such total monthly premium cost or rate.

SECTION 38. Section 32 of chapter 36 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

If an individual is receiving medical assistance under chapter one hundred and eighteen E and is either a grantee or grantor of an interest in real property, such individual shall comply with the provision of section thirteen A of said chapter one hundred and eighteen E requiring notice to the department of public welfare of certain transfers of property.

SECTION 39. Paragraph (b) of section 1A of chapter 40I of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word "eighteen" and inserting in place thereof the word:- nineteen,- and by inserting after the word "education", in line 15, the words:- , the commissioner of the department of employment and training.

SECTION 40. The first paragraph of subsection (a) of section 2A of chapter 59 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the foregoing, in any city or town which accepts the provisions of this sentence, buildings and other things erected on or affixed to land during the period beginning on January second and ending on June thirtieth of the fiscal year preceding that to which the tax relates shall be deemed part of such real property as of January first.

SECTION 41. Said chapter 59 is hereby further amended by inserting after section 57B the following section:-

Section 57C. The provisions of this section shall be applicable in any city or town which accepts the provisions of this section, notwithstanding the provisions of section fifty-seven. Except as otherwise provided, a notice of preliminary tax for real estate and personal property shall be sent out no later than July first of each year, and shall be due and payable in two installments, the first installment due on August first, the second installment on November first, after which dates if unpaid, they shall become delinquent and subject to interest as provided herein. Each installment shall in no event exceed twenty-five percent of the tax payable during the preceding fiscal year.

All provisions of law regarding the procedures for issuing, mailing and collecting tax assessments upon real and personal property and betterment assessments shall be applicable to the notice of preliminary tax provided hereunder, including the payment of interest. To the extent that any rights or remedies under law accrue from the date that the tax bill is issued, only the tax bill issued upon the establishment of the tax rate for the current fiscal year shall govern such rights and remedies. The provisions of section twenty-one C shall apply to the tax rate established by the city or town for the current fiscal year.

Notwithstanding the provisions of the first paragraph, a city or town which seeks to issue a notice of preliminary tax for any fiscal year may, with the prior written approval of the commissioner, require the payment of the preliminary tax installment in excess of twenty-five percent of the tax payable during the preceding fiscal year, to the extent that such excess represents twenty-five percent of the amount of tax accruing as a result of the loss of exemption from tax that had been granted in the preceding fiscal year or to the extent that such excess represents twenty-five percent of the amount of the tax accruing as a result of improvements to the parcel. A city or town is further authorized under this paragraph to issue a notice of preliminary tax for any property which becomes subject to taxation for the first time in a current fiscal year.

The assessors may, on application or on their own motion, abate so much of the preliminary tax as remains unpaid that is in excess of the property owner's proportional share.

The actual tax bill issued upon the establishment of the tax rate for the fiscal year, after credit is given for the preliminary tax payments previously made, shall be due and payable in two installments, on February first and on May first respectively, after which dates if unpaid, they shall become delinquent.

In the event that actual tax bills are not mailed by December thirty-first, then upon the establishment of the tax rate there shall be a single actual bill due and payable on May first, or thirty days after the date of mailing, whichever is later. Such bill shall represent the full balance owed after credit is given for the preliminary tax payments previously made.

Bills for taxes assessed under section seventy-five or section seventy-six shall be sent out seasonably upon commitment, and shall be due and payable on May first or thirty days after the date on which the said bills are mailed, whichever is later.

If any such installment, tax, betterment assessment or apportionment thereof, water rate or annual sewer use or other charge added to such tax, as reduced by any abatement is not timely paid, it shall be delinquent, and interest at the rate of fourteen percent per annum computed from the due date shall be paid. For purposes of this section, amounts not timely received shall be deemed unpaid. The commissioner of revenue may issue guidelines as appropriate for the implementation of this section.

SECTION 42. Section 1 of chapter 60A of the General Laws, as most recently amended by section 44 of chapter 341 of the acts of 1989, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Except as hereinafter provided, there shall be assessed and levied in each calendar year on every motor vehicle and trailer registered under chapter ninety, for the privilege of such registration, an excise measured by the value thereof, as hereinafter defined and determined, at the rate of twenty-five dollars per thousand of valuation.

SECTION 43. The fourth paragraph of said section 1 of said chapter 60A, as so appearing, is hereby further amended by striking out, in line 37, the words "farmer or repairman" and inserting in place thereof the words:- or farmer,- and by striking out, in lines 45, 59 and in line 61, the word ", repairman".

SECTION 44. Said fourth paragraph of said section 1 of said chapter 60A, as appearing in the 1988 Official Edition, is hereby further amended by striking out, in line 54, the words "which excise" and inserting in place thereof the words:- and a penalty of one hundred dollars, which excise and penalty.

SECTION 45. Said section 1 of said chapter 60A, as so appearing, is hereby further amended by striking out the last paragraph.

SECTION 46. Said chapter 60A is hereby further amended by striking out section 2A, as so appearing, and inserting in place thereof the following section:-

Section 2A. If an excise assessed under this chapter remains unpaid for fourteen days after a demand therefor made more than one day after such excise becomes due and payable, and if the local tax collector or commissioner of revenue elects to utilize the services of a deputy collector, then said deputy collector or the local tax collector or commissioner of revenue, as the case may be, shall send a notice of warrant to the delinquent taxpayer. In the event that the delinquent taxpayer does not respond within thirty days to said notice of warrant then a service warrant shall be made. If the tax remains unpaid after the service of warrant then the deputy collector may, at the discretion of the local collector, return the uncollected warrants of those delinquent taxpayers to the local tax collector or commissioner of revenue. The local tax collector, the commissioner of revenue, or their designee as the case may be, may at any time and from time to time, transmit to the registrar of motor vehicles, hereinafter in this section called the registrar, in such form as approved by the registrar of motor vehicles, notice of such nonpayment, specifying the name and address of the person to whom the excise is assessed, the amount of the excise due and all interest thereon and costs relative thereto and such information as to the motor vehicle or trailer assessed as was transmitted by the registrar to the commissioner of revenue under section two; provided, however, that no notice shall be transmitted to the registrar under this section at a time when there is pending before the local board of assessors or the appellate tax board, as the case may be, a duly filed application for the abatement of such excise in whole or in part nor within thirty days after action upon any such application by the local board of assessors or the appellate tax board, as the case may be.

Upon receipt of such notification of nonpayment the registrar shall place the matter on record and not renew the license to operate a motor vehicle of the registered owner of said vehicle or the registration of said vehicle until after notice from the local tax collector or the commissioner of revenue that the matter has been disposed of in accordance with law.

Upon such notification of nonpayment to the registrar, an additional ten dollar charge payable to the registrar of motor vehicles shall be assessed against the registered owner of said vehicle. It shall be the duty of the local tax collector or commissioner of revenue to notify the registrar forthwith that such matters have been disposed of in accordance with law; provided however, that a certified receipt of full and final payment from either the local tax collector or commissioner of revenue shall also serve as a legal notice to the registrar that the matter has been so disposed of.

Except as heretofore provided, the registrar shall approve such forms as he deems necessary to implement this section and said forms shall be printed and used by the cities and towns.

On or before September first of each year, the registrar of motor vehicles shall certify for each city and town in the commonwealth the total number of charges to be assessed pursuant to this section based upon the number of notices received by the registrar that have been disposed of in accordance with law. The registrar shall include such assessments in the warrants prepared in accordance with section twenty of chapter fifty-nine.

SECTION 47. Section 25 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

Proof of payment of any such tax due on motor vehicles or trailers owned by farmers, or owner-contractors to whom have been issued a general distinguishing number or mark under section five of chapter ninety shall be conspicuously displayed on each such motor vehicle or trailer. Proof of payment shall be of such design and size as determined by the commissioner.

SECTION 48. Section 26 of chapter 64I of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

Proof of payment of any such tax due on motor vehicles or trailers owned by farmers, or owner-contractors to whom have been issued a general distinguishing number or mark under section five of chapter ninety shall be conspicuously displayed on each such motor vehicle or trailer. Proof of payment shall be of such design and size as determined by the commissioner.

SECTION 49. Section 17A of chapter 66 of the General Laws, as so appearing, is hereby amended by inserting after the word "assistance", in line 11, the words:- or with the administration of chapter one hundred and eighteen F,- and by inserting after the word "assistance", in line 16, the words:- ; and provided, further, that data from said records may be made available to representatives of the department of education and local school committees solely for the purpose of targeting school attendance areas with the largest concentrations of low income children pursuant to 20 USC 2701 et seq. and that such access shall be supervised by the department of welfare and the department of education in accordance with an interagency agreement between said departments that safeguards confidentiality.

SECTION 50. Section 2 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The department shall promulgate, in cooperation with the departments of mental health, mental retardation, public health and social services, regulations regarding programs for children with special needs, including but not limited to a definition of special needs; provided, however, that such definition shall emphasize a thorough narrative description of each child's developmental potential so as to minimize the possibility of stigmatization and to assure the maximum possible development in the least restrictive environment of a child with special needs; and provided, further, that such definition shall be sufficiently flexible to include children with multiple special needs.

SECTION 51. The sixteenth paragraph of section 3 of said chapter 71B, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- If the evaluation of the special education program shows that said program does not benefit the child to the maximum extent feasible in the least restrictive environment, then such child shall be reassigned.

SECTION 52. The first paragraph of section 5 of said chapter 71B, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine or any other general or special law to the contrary, if a child with special needs for whom a school committee provides or arranges for the provision of special education in a residential placement pursuant to the provisions of section three, or his parent or guardian, moves to a different school district after September first of any fiscal year, said school committee of the former community of residence shall pay the approved budgeted costs of such residential placement of such child for the balance of such fiscal year. The school committee of the new community of residence shall assume all responsibilities for reviewing the child's progress, monitoring the effectiveness of the placement, and re-evaluating the child's needs from the date of new residence; provided, however, that during the period when the financial obligation of the former community of residence for such residential placement continues pursuant to this section, the school committee of such new community of residence shall provide the school committee of the former community of residence with notice of any such review, monitoring and re-evaluation, and an opportunity to participate; and provided, further, that the school committee of such new community of residence shall be financially responsible for any increase in the costs of such residential placement during such period which results from any such review, monitoring or re-evaluation.

SECTION 53. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Owner-repairman" and inserting in place thereof the following definition:-

"Owner-contractor", any person who is not a manufacturer, dealer, or repairman, and who owns a fleet of ten or more motor vehicles and special mobile equipment which is used by him exclusively in his principal business and who maintains an establishment with facilities for the repair, alteration or equipment of such motor vehicles.

SECTION 54. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Repairman" and inserting in place thereof the following definition:-

"Repairman", any person who is principally engaged in the business of repairing or towing motor vehicles or trailers for the public and who maintains an established place of business as defined in this section with facilities for the repairing of such motor vehicles or trailers.

SECTION 55. Said section 1 of said chapter 90, as so appearing, is hereby further amended by adding the following four definitions:-

"Repossessor", any person engaged in the business of financing the purchase of or insuring motor vehicles and which requires such person to take into possession such motor vehicles by foreclosure or subrogation of title.

"Tow truck-operator", any person who owns and operates vehicles designed for the purpose of towing or assisting or retrieving a disabled motor vehicle or trailer and is registered under the provisions of section two.

"Special mobile equipment", any four wheeled construction type self propelled motor vehicle, equipped with pneumatic tires with gross weight of over twenty-five thousand pounds which is engaged in private or public construction work or project.

"Established place of business", a permanent enclosed premises owned or leased by a repairman for his exclusive use, with facilities for repairing motor vehicles or trailers, having an office which is located at the established place of business, containing a solid wall separating the established place of business from any other business in the building, having an entrance used exclusively to gain entrance to the established place of business, and having equipment and tools necessary to conduct such repair business for the public. The established place of business shall display an exterior sign permanently affixed to land or building and display a license in the office of the repairman that has been issued in accordance with section fifty-eight of chapter one hundred and forty.

SECTION 56. Section 2 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-

The registrar may issue to a tow truck operator a wrecker plate of such design as may be determined by the registrar for each motor vehicle which is owned or leased by a tow truck operator and is principally used for the purpose of towing, assisting or retrieving a disabled motor vehicle or trailer. Any motor vehicle or trailer which is disabled and is being towed, assisted or retrieved by a motor vehicle which displays a wrecker plate which has been properly assigned and issued by the registrar shall be deemed registered under said wrecker plate under the provisions of this chapter.

SECTION 57. The first sentence of section 5 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words ", repairman, owner-repairman" and inserting in place thereof the words:- owner-contractor,- and by inserting after the word "trailers", in line 3, the second time it appears, the words:- and repairman for the registration of motor vehicles under his control but not owned by him.

SECTION 58. The second sentence of said section 5 of said chapter 90, as so appearing, is hereby amended by striking out, in line 13, the word ", repairman",- by inserting after the word "tires", in line 18, the words:- and motor vehicles and trailers under the control of a repairman but not owned by him,- by inserting after the word "days", in line 21, the words:- ; provided, however, that a repairman shall not let for hire or loan a motor vehicle or trailer registered under a general distinguishing number or mark assigned to him, nor shall said repairman loan a repair plate to any person,- and by striking out, in lines 27 to 35, inclusive, the words ", and all motor vehicles or trailers owned or controlled by such owner-repairman which are in the process of being repaired, altered, equipped or transferred from one location to another and which are not being used during such time in the operation of the principal business or said owner-repairman or, in the case of rubber-tired back-hoes, front-end loaders and road graders, are being used on the traveled parts of public ways for the building, repair, or maintenance thereof, shall be regarded as registered under the general distinguishing number or mark assigned to him" and inserting in place thereof the words:- and all special mobile equipment when operated on a public way shall be registered under a distinguishing number or mark assigned to an owner-contractor.

SECTION 59. Said section 5 of said chapter 90, as so appearing, is hereby further amended by striking out the eighth sentence and inserting in place thereof the following two sentences:- The registrar shall, upon payment of the fees provided in section thirty-three, furnish at his office to every manufacturer, dealer, repairman, owner-contractor, transporter, farmer, repossessor, or dealer in both recreational vehicles and recreational vehicle trailers or dealer in both boats and boat trailers, whose vehicles are registered in accordance with this section, such number of plates as the registrar determines to be appropriate based on the registrar's assessment of the size of the business of the applicant. The registrar shall allocate the number of plates to be issued under this section and promulgate regulations establishing criteria for the issuance and use of such number plates.

SECTION 60. Said section 5 of said chapter 90, as so appearing, is hereby further amended by adding the following two paragraphs:-

If the registrar, after a hearing, is satisfied that a certificate of registration under an assigned general distinguishing number or mark authorized by this section has been improperly issued, or that a motor vehicle or trailer so registered is being used other than solely for the business of the owner or person in control of such motor vehicle or trailer, he may revoke said registration certificate.

Notwithstanding the provisions of this section to the contrary, all tow trucks, ramp trucks, or emergency road service vehicles or wreckers, so-called, shall be registered under the provisions of section two.

SECTION 61. The ninth paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by inserting after the word "hundred", in line 102, the words:- and fifty.

SECTION 62. Said chapter 90 is hereby further amended by inserting after section 32H the following section:-

Section 32I. Every repairman who, instead of registering each motor vehicle or trailer controlled by him for the purpose of his business, has been issued a general distinguishing number or mark under section five and a certificate of registration containing the name and business address of the repairman, may operate or propel such motor vehicle or trailer over the highways within the test driving zone of the repair facility, solely to road test a motor vehicle being repaired by the repairman, or to transport an unregistered motor vehicle or trailer, and in no manner for his personal use or convenience or the personal use or convenience of his family or any other person; and shall keep or cause to be kept in a book a proper record of every motor vehicle or trailer controlled by said repairman which is operated or propelled over the highway using the general distinguishing number or mark issued to said repairman. Said repairman shall keep adequate records of the services performed with respect to the motor vehicle or trailers which are controlled by him and operated or propelled over the highway and registered under the general distinguishing number or mark assigned to him, which records show in substance the information required to be shown in said book. Said book shall have columns and headings substantially as follows:
`t( `ts

`tcol(*)=5,T;c1=1,12,tf;c2=16,12,tf;c3=31,13,tf;c4=47,13,tf;c5=63,14,tf `tc1 Date & Time*Date & Time*Repair Plate*Operator or* Purpose of ***Chauffeur's*Motor Vehicle Out* Return* Number* Name* Travel `t+8 ** Make & Year* Driver's* Mileage ** Of Vehicle* License* `t+5 Date*Date*#*Name* `t+5 a.m. p.m.*a.m. p.m.*make year*state* `tcol;end `t)

All entries in said book shall be made legibly in ink or with indelible pencil. Said book shall be kept in some convenient place and the book, the premises where such book is required to be kept and the motor vehicles or trailers parked therein may be inspected at all times by the registrar, his agents, or by any police officer.

The driver of motor vehicles or trailers operated or propelled over the highways shall have in his possession documentation of the purpose and destination of the motor vehicle or trailer bearing a repair plate.

Any repairman convicted of a violation of the provisions of this section regarding the documentation of the plate use shall be punished by a one week suspension of the repair plates for each offense committed. The registrar shall promulgate rules and regulations to carry out the provisions of this section.

SECTION 63. The sixth paragraph of subdivision (7) of section 33 of said chapter 90, as appearing in the 1988 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- For the registration of motor vehicles or trailers owned by or under the control of a manufacturer, dealer, repairman, owner-contractor, repossessor, or farmer, including one or more number plates as allocated by the registrar pursuant to section five, a fee for the registration and a fee for each number plate furnished by the registrar.

SECTION 64. Said subdivision (7) of said section 33 of said chapter 90, as so appearing, is hereby further amended by inserting after the sixth paragraph the following two paragraphs:-

For the privilege of operating motor vehicles or trailers owned by or under the control of a manufacturer, dealer, repairman, or owner-contractor upon the public way, a fee of fifty dollars for each such number plate furnished by the registrar. Said fifty dollar fee for each such number plate shall be returned to the city or town where the number plates are registered.

For each wrecker plate issued pursuant to section two, a fee of no more than twenty-five dollars per plate.

SECTION 65. Chapter 90B of the General Laws is hereby amended by adding the following section:-

Section 36. (a) For purposes of this section the following terms shall have the following meanings:

"Titled motorboat", any vessel of fourteen feet or greater in length propelled or designed to be propelled by machinery, whether or not such machinery is permanently or temporarily affixed or is the principal source of propulsion, but not a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto.

"Dealer", a person, firm, corporation or entity engaged in the business of buying, selling, or exchanging titled motorboats at an established or permanent place of business in this commonwealth and that at each such place maintains: (1) a sign conspicuously displayed showing the name of the dealership so that it may be located by the public and (2) sufficient space for an office and display of production.

"Manufacturer", any person, firm, corporation or entity engaged in the business of manufacturing new titled motorboats for the purpose of sale or trade.

"New", used to describe a title motorboat after its manufacture and prior to its sale or transfer to a person not a manufacturer or dealer as evidenced by the issuance of a certificate of title for such titled motorboat.

(b) Ownership of a titled motorboat shall be evidenced by a certificate of title issued by the division or, if new, by a manufacturer's or importer's certificate on a form prescribed by the division. Ownership of any other vessel may but need not be evidenced by a certificate of title, or, if new, by a manufacturer's or importer's certificate.

(c) No person may sell, assign, transfer, or otherwise dispose of an interest in a titled motorboat without (1) delivering to the transferee a certificate of title in the name of the transfer or properly endorsed to show the transfer, or (2) if the transferee is not a manufacturer or dealer and the titled motorboat is new, delivering to the division a manufacturer's or importer's certificate showing the endorsement of the manufacturer and all intervening owners, or (3) if the transferee is a manufacturer or dealer and the titled motorboat is new, delivering to the transferee a manufacturer's or importer's certificate showing the endorsement of the manufacturer and all intervening owners, or (4) if the titled motorboat is not covered by a certificate of title or manufacturer's or importer's certificate, delivering to the division or to the transferee sufficient evidence of title and other information so that a certificate of title will be issued thereto to the transferee. No person shall acquire an interest in a titled motorboat until a certificate of title to the titled motorboat has been issued in the name of such person, or if such person is a dealer or manufacturer and the titled motorboat is new, until the manufacturer's or importer's certificate is properly endorsed showing the signature of the manufacturer and all intervening owners.

(d) Application for a certificate of title shall be made to the division on forms it prescribes showing, among other items, the name and address of the owner, a description of the titled motorboat (including, as appropriate, its manufacturer's or builder's number, hull identification number (HIN), motor number, outdrive number, horsepower), name and address of purchaser and date of purchase, name and address of any holder of a security interest and such other information as the division may prescribe. The application shall be accompanied by the prescribed fee and by such evidence as the division shall reasonably require to establish that the applicant or other person is entitled to a certificate of title or a noted security interest. Such evidence may include a certificate of title issued by another state or jurisdiction, manufacturer's or importer's certificate, bill of sale, assignment, contract, promissory note, security agreement, invoice, bill of lading, affidavit, probate or heirship proceedings or information, judgement of a court of competent jurisdiction, or their documents. Every manufacturer or dealer selling or exchanging a titled motorboat to a person not a manufacturer or dealer shall make application for a certificate of title in the name of the purchaser or transferee. In all other cases the purchaser shall make the application for a certificate of title. The application shall be made within twenty days after the date of sale of the titled motorboat. If a dealer acquires a titled motorboat for which a then currently valid certificate of title is issued, the dealer need not secure a certificate of title in his name but may apply for a certificate of title in the name of the person, other than another dealer, to whom he subsequently sells or otherwise transfers the titled motorboat, submitting the certificate of title with an appropriate assignment endorsement.

(e) The certificate of title issued by the division shall contain the name and address of the owner of the titled motorboat, the name of each holder of any security interest therein, a description of the titled motorboat, and shall be in a form prescribed by the division. If there is no security interest held in the titled motorboat, the original certificate of title, marked, "Original", shall be delivered to the owner and a copy retained by the division. If there is a security interest held, the original certificate marked "Original", shall be sent to the first lien holder and the duplicate original, marked "Duplicate Original", shall be delivered to the owner and a copy retained by the division. Title may be transferred only by surrender of the "Original" certificate of title properly endorsed to show the transfer.

(f) The manufacturer's or importer's certificate shall include the information required by subsection (d) for certificates of title, shall certify to the manufacturer or other origin of the titled motorboat, shall be signed by the manufacturer or the equivalent thereof, and shall show thereon the endorsement of the original and each subsequent transferee thereof including the applicant for the certificate of title. No lien, encumbrance, or security interest or security agreement shall be shown thereon. Any security interest, encumbrance or other lien may be perfected as provided by chapter one hundred and six of the General Laws prior to the issuance of a certificate of title.

(g) The provision of subsections (d), (e) and (f) shall apply to the issuance of certificates of title or manufacturer's or importer's certificates for those vessels for which a certificate of title or a manufacturer's or importer's certificate may but need not be issued under subsection (b).

(h) A certificate of title shall be required as proof of ownership of a titled motorboat on an application for registration as required by this chapter unless a certificate of title has not otherwise been required by the terms of this section. A certificate of title may be cancelled by the division for due cause under law.

(i) (1) If ownership of a title motorboat is transferred by operation of law, such as inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty days after acquiring the right to possession of the titled motorboat by operation of law, shall provide to the division such proof of the right to possession as requires, together with an application for a new certificate of title and the required fee. (2) If a lien holder repossesses a titled motorboat by operation of law and holds it for resale, such person shall secure a new certificate of title and shall pay the required fee.

(j) The fees for the issuance of certificates of title and the notation of a security interest or other lien or encumbrance shall be fifteen dollars; subject to biannual review by the division. Any alterations in the fee recommended by the division are subject to approval by the house and senate committees on ways and means.

(k) No person shall possess or sell a titled motorboat without an original title or a legally transferred title. Persons in violation of this subsection shall be fined one hundred dollars for the first offense. For any subsequent offense, the offender shall be fined an amount not less than two hundred and fifty dollars but not more than five hundred dollars.

(l) No person shall falsify a motorboat title or sell a motor boat with a falsified title. Persons in violation of this section shall be fined five hundred dollars for the first offense. For any subsequent offense, the offender shall be fined an amount not less than one thousand dollars but not more than two thousand dollars.

SECTION 66. Paragraph (a) of section 2 of chapter 90D of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out clause (11).

SECTION 67. Section 113 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "one-half" and inserting in place thereof the word:- three-quarters.

SECTION 68. Section 321 of chapter 94 of the General Laws, as amended by section 1 of chapter 166 of the acts of 1989, is hereby further amended by striking out the definition of "Bottler" and inserting in place thereof the following definition:-

"Bottler", any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.

SECTION 69. Section 323 of said chapter 94, as appearing in the 1988 Official Edition, is hereby amended by adding the following paragraph:-

(h) Any bottler or distributor who is subject to the provisions of paragraphs (c), (d) or (e) shall maintain a separate account to be known as the Deposit Transaction Fund. Said fund shall be kept separate from all other revenues and accounts. Each bottler or distributor shall place in said fund the refund value for all non-reusable beverage containers it sells subject to the provisions of this chapter.

Except as specified in section three hundred and twenty-three D, amounts in such fund may only be expended to pay refund values paid after December thirty-first, nineteen hundred and eighty-nine for returned non-reusable beverage containers pursuant to paragraphs (c), (d) and (e). Amounts in such fund shall not be used to pay the handling fees required by paragraphs (c), (d) and (e). Each such fund shall be maintained by said bottlers and distributors on behalf of consumers who have purchased refundable non-reusable beverage containers and on behalf of the commonwealth; except as specified in section three hundred and twenty-three C, for no purpose are amounts in such fund to be regarded as income of said bottlers or distributors.

SECTION 70. Said chapter 94 is hereby further amended by inserting after section 323A, inserted by section 2 of chapter 166 of the acts of 1989, the following five sections:-

Section 323B. Every bottler or distributor shall report to the commissioner of revenue by the tenth day of each month, concerning transactions affecting its Deposit Transaction Fund in the preceding month. Such report shall be made in a form prescribed by said commissioner and shall include the number of non-reusable beverage containers sold and the number of non-reusable beverage containers returned in said month, the amount of deposits received in and payments made from said fund in said month and the most recent three-month period, any income earned on amounts in the Deposit Transaction Fund during said preceding month, the balance in said Deposit Transaction Fund at the close of said preceding month, and such other information as said commissioner may require in furtherance of his duties pursuant to this chapter.

Section 323C. At the end of each month, any amounts that are or should be in a bottler's or distributor's Deposit Transaction Fund and that are in excess of the sum of (a) income earned on amounts in said account during that month and (b) the total amount of refund values received by said bottler or distributor for non-reusable beverage containers during that month and the two preceding months shall be deemed to constitute abandoned deposit amounts. Income earned on said fund may be transferred from said fund for use as funds of the bottler or distributor.

Section 323D. By the tenth day of each month, each bottler or distributor shall turn over to the commissioner of revenue any deposit amounts deemed to be abandoned at the close of the preceding month, pursuant to section three hundred and twenty-three C. Such amounts may be paid from the Deposit Transaction Fund. Amounts collected by the commissioner of revenue pursuant to this section shall be deposited in the Clean Environment Fund, established pursuant to section three hundred and twenty-three F.

Section 323E. If in any month the authorized payments from the Deposit Transaction Fund by a bottler or distributor pursuant to paragraph (h) of section three hundred and twenty-three exceed the funds that are or should be in its Deposit Transaction Fund, the commonwealth shall reimburse said bottler or distributor, from amounts received pursuant to section three hundred and twenty-three D, for those refunds paid by the bottler or distributor for non-reusable beverage containers for which the funds that are or should be in its Deposit Transaction Fund are insufficient; provided, however, that such reimbursements to a bottler or distributor for a month shall not exceed the excess of (a) amounts paid by said bottler or distributor to the commonwealth pursuant to said section three hundred and twenty-three D in the preceding twenty-four months over (b) amounts paid by the commonwealth to said bottler or distributor pursuant to this section during said twenty-four months.

Section 323F. (a) There shall be established on the books of the commonwealth a separate fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall be used, subject to appropriation, solely for programs and projects in the management of solid waste and for environmental protection; provided, however, that no funds shall be used for costs associated with incineration.

(b) Not less than fifty percent of amounts deposited in the Fund shall be used for recycling, composting and solid waste source reduction projects and programs.

(c) Not less than an additional twenty percent of amounts deposited in the Fund shall be used for recycling and other solid waste projects and programs.

(d) Not more than thirty percent of amounts deposited in the fund shall be used for other environmental programs consistent with the purposes of the "bottle bill", so-called.

(e) Of amounts expended under paragraphs (b) through (d), not more than fifty percent shall be used for debt service on capital outlays authorized prior to January first, nineteen hundred and eighty-eight.

SECTION 71. Section 326 of said chapter 94, as amended by section 3 of chapter 166 of the acts of 1989, is hereby further amended by striking out the first paragraph and inserting in place thereof the following three paragraphs:-

The secretary of environmental affairs shall administer the provisions of sections three hundred and twenty-one, three hundred and twenty-two, paragraphs (a) to (f), inclusive, of section three hundred and twenty-three, three hundred and twenty-three F, three hundred and twenty-four and three hundred and twenty-five. Said secretary shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections.

The commissioner of revenue shall administer the provisions of paragraphs (g) and (h) of said section three hundred and twenty-three and sections three hundred and twenty-three B to three hundred and twenty-three E, inclusive. The collection of revenues pursuant to section three hundred and twenty-three D by said commissioner shall, to the extent consistent with this chapter, be governed by the provisions of chapter sixty-two C.

The commissioner of revenue shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections. Said rules and regulations shall include a provision to permit bottlers or distributors to borrow, without any interest charge, against their deposit transaction funds subject to such terms and conditions as the commissioner deems appropriate.

SECTION 72. Section 327 of said chapter 94 is hereby amended by adding the following paragraph:-

Any bottler or distributor failing to make full and timely payments as required by section three hundred and twenty-three D shall pay interest on any unpaid amounts at the rate of one and one-half percent for each month or part thereof until payment is made in full.

SECTION 73. Subsection (a) of section 47 of chapter 94C of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out subparagraph (3) and inserting in place thereof the following subparagraph:-

(3) All conveyances, including aircraft, vehicles or vessels used, or intended for use, to transport, conceal, or otherwise facilitate the manufacture, dispensing, distribution of or possession with intent to manufacture, dispense or distribute, a controlled substance in violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty.

SECTION 74. Said subsection (a) of said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out subparagraph (5) and inserting in place thereof the following subparagraph:-

(5) All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter, all proceeds traceable to such an exchange, including real estate and any other thing of value, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J, or forty.

SECTION 75. Said subsection (a) of said section 47 of said chapter 94C is hereby further amended by striking out subparagraphs (6A) and (7) and inserting in place thereof the following three subparagraphs:-

(7) All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of any provision of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F, thirty-two G, thirty-two I, thirty-two J or forty.

(8) All property which is used, or intended for use, as a container for property described in subparagraph (1) or (2).

(9) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.

SECTION 76. Said section 47 of said chapter 94C is hereby further amended by striking out subsection (b), as so appearing, and inserting in place thereof the following subsection:-

(b) Property subject to forfeiture under subparagraphs (1), (2), (4), (5), (6), (7) and (8) of subsection (a) shall, upon motion of the attorney general or district attorney, be declared forfeit by any court having jurisdiction over said property or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. Property subject to forfeiture under subparagraph (1) of subsection (a) shall be destroyed, regardless of the final disposition of such related criminal proceeding, if any, unless the court for good cause shown orders otherwise.

SECTION 77. Subsection (c) of said section 47 of chapter 94C, as so appearing, is hereby further amended by inserting after the word "subparagraph (3)", in line 42, the words:- and of all real property subject to the provisions of subparagraph (7).

SECTION 78. Said subsection (c) of said section 47 of chapter 94C, as so appearing, is hereby further amended by inserting after the word "conveyance" in lines 55, 56, 58, 62 and 65, in each instance, the words:- or real property.

SECTION 79. Said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, moneys or other things of value subject to forfeiture under the provisions of subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having jurisdiction over said conveyance, real property, moneys or other things of value or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. Such proceeding shall be deemed a civil suit in equity. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subparagraph (3), (5), or (7) of said subsection (a). The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (i). The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, moneys or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than two weeks after notice, hold a hearing on the petition. Upon the motion of the owner of said conveyance, real property, moneys or other things of value, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing the court shall hear evidence and make findings of fact and conclusions of law, and shall thereupon issue a final order, from which the parties shall have such right of appeal as from a decree in equity. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, moneys or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section.

The final order of the court shall provide that said moneys and the proceeds of any such sale shall be distributed equally between the prosecuting district attorney or attorney general and the city, town, state or metropolitan district police department involved in the seizure. If more than one department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the fifty percent equitably among these departments.

There shall be established within the office of the state treasurer separate special law enforcement trust funds for each district attorney and for the attorney general. All such monies and proceeds received by any prosecuting district attorney or attorney general shall be deposited in such a trust fund and shall then be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the district attorney or attorney general deems appropriate. The district attorney or attorney general may expend up to ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes. Any program seeking to be an eligible recipient of said funds shall file an annual audit report with the local district attorney and attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures, and board of directors of such program. Within ninety days of the close of the fiscal year, each district attorney and the attorney general shall file an annual report with the house and senate committees on ways and means on the use of the monies in the trust fund for the purposes of drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs.

All such moneys and proceeds received by any police department shall be deposited in a special law enforcement trust fund and shall be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the chief of police of such city or town, the commissioner of public safety or the superintendent of the metropolitan district police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.

SECTION 80. Said section 47 of said chapter 94C, as so appearing, is hereby further amended by adding the following two subsections:-

(i) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section one of chapter one hundred and eighty-eight. The value of the balance of said principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only one principal domicile for the benefit of the immediate family of the owner.

(j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the town where the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district where the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of the fact of such judgment, discontinuance, dismissal or other final disposition, and such certificate shall be recorded in the registry in which the orignal memorandum recorded pursuant to this section was filed.

SECTION 81. Section 12G of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "eighteen E", in line 8, the words:- , one hundred and eighteen F,- and by inserting after the word "twelve", in line 10, the words:- , one hundred and eighteen F.

SECTION 82. The first paragraph of section 1 of chapter 117 of the General Laws, as so appearing, is hereby amended by inserting after the word "size", in line 12, the words:- ; provided, however, that the department shall by regulation provide that an applicant or recipient who lives with one or more family members who receive assistance pursuant to chapter one hundred and eighteen and who is legally obligated to support such family member shall receive assistance, pursuant to this chapter, which, when combined with the assistance being received by the family member of the applicant or recipient pursuant to chapter one hundred and eighteen, does not exceed the assistance available under chapter one hundred and eighteen to an assistance unit of the same household size as the applicant or recipient and such family member.

SECTION 83. Section 4 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph thereof the following paragraph:-

The department may enter into any types of contracts with providers of medical services as the department deems necessary to carry out the provisions of this chapter, including, but not limited to, selective contracts, volume purchase contracts, preferred provider contracts and coordinated care contracts; provided, that such contracts are reviewed by the rate setting commission and the executive office of administration and finance. The department may negotiate the rate of reimbursement to the provider under any such contract; provided, any such negotiated rate shall not be subject to the provisions of section thirty-two of chapter six A.

SECTION 84. Said chapter 118E is hereby further amended by inserting after section 4 the following section:-

Section 4A. The department shall review, and approve or disapprove, any change in rates or in rate methodology proposed by the rate setting commission. The department shall review such proposed rate changes for consistency with department policy and federal requirements, and with the available funding authorized in the final budget for each fiscal year prior to certification of such rates by the commission; provided, that the department shall not disapprove a rate increase solely based on the availability of funding if the federal health care finance administration provides written documentation that federal reimbursement would be denied as a result of said disapproval and said documentation is submitted to the house and senate committees on ways and means. The department shall, whenever it disapproves a rate increase, submit the reasons for disapproval to the commission together with such recommendations for changes. Such disapproval and recommendations for changes, if any, shall be submitted to the commission after the department is notified that the commission intends to propose a rate increase for any class of provider under Title XIX but in no event later than the date of the public hearing held by the commission regarding such rate change; provided that no rates shall take effect without the approval of the department. The commission and the department shall provide documentation on the reasons for increases in any class of approved rates that exceed the medical component of the consumer price index to the house and senate committees on ways and means. The commission shall supply the department with all statistical information necessary to carry out the department's review responsibilities under this section. Notwithstanding the foregoing, said department shall not review, approve, or disapprove any such rate set pursuant to chapter twenty-three of the acts of nineteen hundred and eighty-eight.

If projected payments from rates necessary to conform to applicable requirements of Title XIX are estimated by the department to exceed the amount of funding appropriated for such purpose in the budget for such fiscal year, the department and the commission shall jointly prepare and submit to the Governor a proposal for the minimum amount of supplemental funding necessary to satisfy the requirements of the state plan developed by the department under Title XIX of the federal social security act.

SECTION 85. The second paragraph of section 6 of said chapter 118E, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:- The amount, duration and scope of the aforesaid care and services shall be determined by the rules and regulations of the department, provided such rules and regulations are consistent with the provisions of this chapter. Such rules and regulations may include appropriate limitations on care and services based on such criteria as medical necessity or utilization control procedures.

SECTION 86. Said chapter 118E is hereby further amended by inserting after section 13 the following section:-

Section 13A. Whenever an individual who is receiving medical assistance under this chapter transfers an interest in real property, or receives such interest, said individual shall notify the department on a form prepared by the department. Such notice shall include, at a minimum, the individual's name, social security number or, if different, medical assistance identification number, the date of transfer and the dollar value, if any, paid or received by the individual receiving benefits under this chapter.

SECTION 87. Section 16 of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by adding the following four paragraphs:-

Notwithstanding the foregoing provision, the next-of-kin of an individual who is sixty-five years or older, who is a patient in a long-term care institution, and who is a recipient of medical assistance pursuant to section ten A shall be responsible for an eldercare long-term care charge which shall be paid monthly into the eldercare trust fund created by section sixteen A. Said charge shall be equal to two percent of the medical assistance payment made each month by the department to the long-term care institution on behalf of such recipient.

For the purposes of this section, "next-of-kin" shall mean the spouse of a recipient or, if there is no spouse so responsible, "next-of-kin" shall mean the children of such recipient. Next of kin shall not include anyone who is a recipient of benefits under this chapter, or chapters one hundred and fifteen, one hundred and seventeen, one hundred and eighteen, or one hundred and eighteen A, or any person who is a member of a household with an income that is less than three hundred percent of the federal poverty standard; provided, further, for this purpose income shall be determined after any expenditures required by this chapter. If more than one person is deemed to be the next-of-kin pursuant to this section, then the liability for the eldercare long-term care charge shall be pro-rated among the persons considered to the next-of-kin.

The department shall send an itemized list each month to the next-of-kin of all the charges paid by the department under this program on behalf of such a recipient. The department shall send with this itemized list a bill for two percent of such total charges which shall be the obligation of the next-of-kin to pay to the department.

Nothing in this section shall be construed by the department to limit the eligibility of any otherwise eligible applicant or recipient for benefits under this chapter.

SECTION 88. Said chapter 118E is hereby further amended by inserting after section 16 the following section:-

Section 16A. There is hereby established an eldercare trust fund which shall be administered and expended by the department without further appropriation. Said fund shall consist of all eldercare long-term care charges collected by the department pursuant to section sixteen. All interest earned on the amounts in said trust fund shall be deposited or retained in said trust fund.

Amounts from the trust fund may only be expended on care for elderly recipients of benefits of this chapter for services otherwise authorized pursuant to this chapter. The commissioner shall from time to time requisition from said trust fund such amounts as he deems necessary to meet the current obligations of the department for the purposes of said trust fund and estimated obligations for reasonable future period.

SECTION 89. Section 17A of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

Notwithstanding the provisions of any general or special law to the contrary, chronic hospitals and skilled nursing facilities shall seek certification for Title XVIII of the Social Security Act for those services reimbursed under Title XVIII of the Social Security Act.

SECTION 90. Section 9 of chapter 118F of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following paragraph:-

The department may, consistent with business practices in the health insurance industry, pay in advance for any health insurance plan purchased from a health insurance company, hospital service corporation, medical service corporation, or health maintenance organization.

SECTION 91. Section 26 of chapter 121B of the General Laws is amended by adding the following clause:-

(n) to disseminate to and receive from other housing authorities information, including personal data as defined in section one of chapter sixty-six A, which could have a direct bearing on a determination as to whether an individual or household is qualified for selection or placement in accordance with state or federal eligibility or tenant selection regulations; provided, that in instances where the executive office of communities and development or a nonprofit corporation is administering a state or federal housing program, a housing authority may disseminate to and receive such information for the aforementioned purpose from the executive office of communities and development or a nonprofit. Such information may be disseminated for the aforementioned purpose among the executive office of communities and development and any nonprofit corporations administering a state or federal housing program. Any personal data, as defined in section one of said chapter sixty-six A, which is received by a housing authority, the executive office of communities and development, or a nonprofit corporation pursuant to this paragraph, shall be used, maintained and disseminated further in accordance with the provisions of said chapter sixty-six A and this paragraph. Whenever such information is disseminated by a local housing authority, the executive office of communities and development, or a nonprofit corporation, a copy of all such information and the names of the agencies which received it shall be sent to said individual or household. The executive office of communities and development shall promulgate such rules and regulation as it deems necessary to further the purposes of this paragraph.

SECTION 92. Chapter 130 of the General Laws is hereby amended by inserting after section 4 the following section:-

Section 4A. The director, his assistants, an environmental police officer or deputy environmental police officer or a member of the state police may conduct an administrative inspection in accordance with the provisions of this section of commercial fishing vessels and wholesale and retail fish businesses commercially licensed pursuant to this chapter.

Administrative inspections of a commercial fishing vessel may extend only to the fishing gear, nets, fish on board and the fish holds and only during times in which the commercial fishing vessel is conducting fishing operations, landing fish on board the vessel or off-loading at any pier or wharf.

Administrative inspections of a wholesale or retail fish business may extend only to the fish maintained or processed on the premises, to tanks, refrigerators, freezers, walk-in fish storage closets or other places where fish may reasonably be stored and only during times in which the business is open to the public.

Any fishing gear, nets, or fish found in violation of this chapter or any rule or regulation of the director or the commissioner of the department of public health may be seized and forfeited to the Commonwealth in accordance with chapter two hundred and fifty-seven.

SECTION 93. Section 90 of chapter 131 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 7, the words "twenty nor more than fifty" and inserting in place thereof the words:- fifty nor more than one hundred,- and by striking out, in lines 8 to 14, inclusive, the words "and, in addition, for each fish, bird or mammal, other than a deer, unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, disturbed or destroyed, by a fine of not less than ten nor more than fifty dollars; and, for each deer unlawfully killed, or unlawfully possessed, by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both" and inserting in place thereof the words:- and in addition, for each fish, bird or mammal, other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and, for each deer, bear or turkey unlawfully killed, or unlawfully possessed, by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both.

Whoever violates any provision of section seventy-three, shall be punished by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both,- by striking out, in line 22, the word "seventy-three",- by striking out, in line 28, the words "ten and fifty" and inserting in place thereof the words:- fifty and one hundred, respectively,- by striking out, in lines 29 and 31, the word "deer" and inserting in place thereof, in each instance, the words:- deer, bear, or moose,- by striking out, in lines 31, and 32, the words "one hundred" and "five hundred" and inserting in place thereof the words:- three hundred and one thousand, respectively,- and by adding the following paragraphs:-

In addition to the penalties provided for in this section for violating any of the provisions of chapter one hundred and thirty-one, or any rule or regulation made under the authority thereof, any person convicted of the illegal taking or illegal possession of animals, birds, fur-bearing animals and fish, resulting in the injury, death or destruction of the same, may be required to make restitution to the commonwealth for the value of each animal, bird, fur-bearing animal or fish so taken or possessed as follows:

(a) Deer and bear: three hundred dollars per animal illegally taken or illegally possessed.

(b) Wild turkey, fisher, bobcat and otter: two hundred dollars per animal illegally taken or illegally possessed.

(c) Fox, coyote and beaver: fifty dollars per animal illegally taken or illegally possessed.

(d) Mink, muskrat, raccoon, wild rabbit, hare and gray squirrel: twenty-five dollars per animal illegally taken or illegally possessed.

(e) Ruffed grouse, pheasant, quail, woodcock and migratory waterfowl: twenty-five dollars per bird illegally taken or illegally possessed.

(f) Fish: five dollars per fish illegally taken or illegally possessed.

(g) Endangered, Threatened and Special Concern Species included on the official Massachusetts List of Endangered Wildlife and Wild Plants (CMR 8.01)

Endangered Species: two thousand dollars

Threatened Species: one thousand dollars

Species of Special Concern: five hundred dollars.

(h) Other animals or birds: ten dollars per animal or bird.

In every case of conviction involving the illegal taking or illegal possession of animals, birds, fur-bearing animals and fish, the court may order the defendant to reimburse the commonwealth in a sum or sums to exceed the amount as established in the previous paragraph. Such reimbursement shall be paid directly to the court. If two or more defendants are convicted of the illegal taking or illegal possession of the animal, bird, fur-bearing animal or fish, the reimbursement above prescribed shall be declared against them jointly and severally. The court ordering such reimbursement shall remit such monies as prescribed in section three of chapter one hundred and thirty-one.

Any person failing to make a damage assessment payment as ordered by the court shall be guilty of contempt and such person shall not be eligible to purchase any license issued by the division of fisheries and wildlife until all assessments are paid in full.

SECTION 94. Chapter 132A of the General Laws is hereby amended by inserting after section 7 the following section:-

Section 7A. There is established within the department of environmental management, division of forests and parks, the position titles of chief park ranger and park ranger, provisions of the General Laws or any special law to the contrary notwithstanding. Said positions shall not be eligible for the provisions of group four retirement benefits.

The chief park ranger and park rangers appointed and employed by the department of environmental management, when appointed deputy environmental police officers, shall enforce all regulations promulgated pursuant to section four A of chapter twenty-one, and section seven of chapter one hundred and thirty-two A, shall search for lost or missing persons or department property, and shall assist the bureau of fire control in both suppression and detection of fires.

A park ranger who has been appointed as a deputy environmental police officer who observes any violation of regulations promulgated pursuant to said section four A of said chapter twenty-one, and said section seven of said chapter one hundred and thirty-two A, may request the offender to state his name and address. Whoever upon such request refuses to state his name and address may be arrested without a warrant and shall be punished by a fine of not less than fifty dollars and not more than one hundred dollars. Said ranger may, as alternative to instituting criminal proceedings, give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours within twenty-one days after the date of such violation. Said notice shall contain the name and address of the offender, offense charged, signature of the officer and option of the offender acknowledging that the notice has been received. The clerk of courts shall maintain a separate docket of all such notices to appear.

If any person notified to appear before the clerk of the district court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail himself of the procedure for the non-criminal disposition of the case, the clerk shall notify the ranger concerned, who shall forthwith make a criminal complaint.

Any person notified to appear before the clerk of the district court for a violation of said section four A of said chapter twenty-one, and of said section seven of said chapter one hundred and thirty-two A, may so appear within the time specified and pay a fine of fifty dollars. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the department of environmental management to be deposited as revenue and shall be applicable to the department's retained revenue account.

Park ranger may, through independent contractors, remove from any area or way subject to their jurisdiction or control and store in any convenient place any vehicle parked or standing thereon in violation of any law, or rule and regulation; provided however, that such removal and storage shall be at no expense to and without liability on the part of the commonwealth.

SECTION 95. Section 58 of chapter 140 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following two paragraphs:-

Class 4. "Repairman", any person who is principally engaged in the business of repairing or towing motor vehicles or trailers for the public and who maintains an established place of business, as defined in section one of chapter ninety, with facilities for the repairing of such motor vehicles or trailers.

Class 5. "Repossessor", any person engaged in the business of financing the purchase of or insuring motor vehicles and which requires such person to take into possession such motor vehicles by foreclosure or subrogation of title.

SECTION 96. Chapter 151A of the General Laws is hereby amended by inserting after section 71G the following section:-

Section 71H. (a) At the end of each calendar month, or at the end of any other period as determined by the commissioner, the commissioner shall bill each certified plant closing employer or covered partial closing employer an amount equal to one hundred percent of the amount of reemployment assistance benefits paid under section seventy-one F, provided that eligibility for such benefits is attributable to service in the employ of such employer.

(b) Payment of any bill rendered under paragraph (a) shall be made not later than thirty days after the commissioner mails such bill to the last known address of the employer, unless not later than thirty days after the commissioner mails the bill, the employer files an application for review by the commissioner. The application shall set forth the grounds for such application. The grounds shall be limited to the identities of the individual and the employer and the amount to be charged. The commissioner shall review the application. Thereafter, notice of the commissioner's determination shall be mailed to the employer. This determination shall be final and not subject to any appeal.

(c) All payments received pursuant to this section shall be credited to the General Fund.

(d) Past due payments of amounts owed under this section shall be subject to the same interest and penalties that apply to past due contributions pursuant to section fifteen.

(e) Default in payment of amounts owed under this section by an employer shall not in any manner adversely affect the rights of an employee otherwise eligible for reemployment assistance benefits.

(f) Except where inconsistent with sections seventy-one A to seventy-one H, inclusive, the provisions of this chapter, including the provisions of section forty-seven, which apply to the collection of contributions or payments in lieu of contributions, shall apply to the same extent to the collection of amounts owed under this section; provided, however, that said amounts shall not be credited to the employer's account or the solvency account established pursuant to section fourteen or fourteen A.

SECTION 97. Subsection (2) of section 65 of chapter 152 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first sentence the following two sentences:- The reasonable and necessary costs of representing the Workers' Compensation Trust Fund may be paid out of said trust fund. These costs include, but are not limited to, the taking of depositions, the hiring of private investigators, the filing and service of summons and subpoenas and other associated court costs, the retention of outside legal counsel and the hiring of various medical providers.

SECTION 98. Section 109 of said chapter 156B, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Every corporation shall annually, on or before the fifteenth day of the third month following the close of its fiscal year, prepare and submit to the state secretary a report which shall be signed under the penalties of perjury by an officer of the corporation stating:-.

SECTION 99. Said chapter 156B is hereby further amended by striking out section 112, as so appearing, and inserting in place thereof the following section:-

Section 112. If a corporation fails or refuses to file its annual report within the time prescribed by section one hundred and nine, the state secretary shall subject the filing of the report to the payment of an additional fee, to be set at an initial rate of twenty-five dollars, to be subsequently determined from time to time by the secretary of administration and finance pursuant to the provisions of section three B of chapter seven.

If the corporation fails to file the annual report within six months of the date prescribed by section one hundred and nine, the state secretary may give notice by mail postage prepaid, to such corporation of its default. If it omits to file such report within thirty days after notice of default has been given, it shall pay, in addition to the sum provided above, not less than five dollars nor more than ten dollars for each day for fifteen days after the expiration of said thirty days, and not less than ten dollars nor more than two hundred dollars for each day thereafter during which such default continues, or any other sum, not greater than the maximum penalty or forfeiture, which the court may deem just and equitable.

SECTION 100. Section 19G of chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word "occur", in line 14, the words:- before a date which represents the middle of the time period between the date of the expiration of the previous contract and the date of the award or.

SECTION 101. Said chapter 161A is hereby further amended by inserting after section 19I the following section:-

Section 19J. Notwithstanding any general or special law to the contrary, each employee of the authority shall be responsible for payment of ten percent of the premium for health benefits made available to him through the authority. The treasurer of the authority, on behalf of the authority, shall deduct said portion of an employee's health benefits premium from said employee's compensation. In the event that the authority self-insures the cost of health benefits, said premium of any self-insurance program shall be determined by the treasurer of the authority after consultation with the administrator of any such self-insurance program.

SECTION 102. Said chapter 161A is hereby further amended by adding after section 30, added by section 127 of chapter 240 of the acts of 1989, the following section:-

Section 31. The authority shall have the power to procure electric utility services, including the purchase, generation, transmission, transformation and distribution of the supplies of electricity necessary to operate its mass transportation facilities and equipment, at the lowest reasonable cost consistent with the provision of public transportation services in an efficient, reliable and economic manner. In procuring such electric utility services, the authority may solicit offers and proposals to provide such electric utility services from owners or operators, including the New England Power Pool, of facilities that generate, transmit, transform, or distribute electric power and energy, and shall take into consideration factors relating to the public interest, including but not limited to the following:

a. The lowest prices that may be offered by responsible bidders, including electric companies, municipal lighting plants, and alternate energy producers as defined in chapter one hundred and sixty-four;

b. The demonstrated ability of any prospective supplier of electric utility services to provide reliable and continuous service and stability of price; and

c. Consistency with the environmental and conservation goals of the commonwealth;

provided, however, the authority must fulfill all obligations of contracts and agreements lawfully entered into and now in force.

SECTION 103. Section 2 of chapter 167 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 3, the words "in every two calendar years" and inserting in place thereof the words:- a calendar year, make a thorough examination.

SECTION 104. Section 9 of chapter 181 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

If a corporation fails or refuses to file its annual report within the time prescribed by section four, the state secretary shall subject the filing of the report to the payment of an additional fee, to be set at an initial rate of twenty-five dollars, to be subsequently determined from time to time by the secretary of administration and finance pursuant to the provisions of section three B of chapter seven.

SECTION 105. The second paragraph of said section 9 of said chapter 181, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If the corporation fails to file the annual report within six months of the date prescribed by section four, the state secretary may give notice by mail postage prepaid, to such corporation of its default.

SECTION 106. Section 34E of chapter 221 of the General Laws is hereby amended by adding the following paragraph:-

The committee shall hire and directly supervise one full time human rights officer at each facility under the control of the department of mental health. Said human rights officers and other employees of the committee shall have full and unrestricted access to the facility at which they are assigned or employed, to staff of such facility, to persons residing in or served by such facility and to the records of such persons; shall monitor compliance with the rights of persons receiving services at or from the facility; shall investigate or cause the department of mental health to investigate, pursuant to said department's regulation, any alleged violation of such persons' rights; shall monitor and be deemed a party to any such investigations; shall provide information to such persons in respect to their rights; shall monitor and review the methods utilized by the facility to provide such persons with the opportunity to exercise their rights to the fullest extent of their capabilities and interests; shall review and monitor the use of restraint, seclusion and other limitations on movement, including those authorized pursuant to court order; shall refer such persons to advocates and attorneys and necessary to protect their rights; shall cooperate fully with the disabled persons protection commission, established under chapter nineteen C, and the federal protection and advocacy project in the exercise of said agencies' responsibilities; and shall take such other steps as may be necessary to promote and protect the rights of such persons. Human rights officers shall also serve as staff to the human rights committees established hereinafter.

SECTION 107. Section 6B of chapter 280 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:-

The court shall impose an assessment of not less than thirty-five dollars nor more than one hundred dollars against any person who has attained the age of seventeen years and who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor under sections thirty-two C, thirty-two D, and thirty-two G and thirty-five of chapter ninety-four C. The court shall impose an assessment of not less than one hundred and fifty dollars nor more than five hundred dollars against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony under sections thirty-two, thirty-two A, thirty-two B, thirty-two E, thirty-two F and thirty-four of chapter ninety-four C. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed five hundred dollars. In the discretion of the court, any assessment imposed pursuant to this section which would cause the person against whom the assessment is made an undue hardship may be reduced or waived.

SECTION 108. Section 1 of chapter 773 of the acts of 1960, as most recently amended by section 1 of chapter 708 of the acts of 1983, is hereby further amended by adding the following two paragraphs:-

(h) The term "HEFA" shall mean the Health and Educational Facilities Authority created by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given by law.

(i) The term "University Affiliate" shall mean the Authority and any other organization affiliated with the university, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended.

SECTION 109. Section 4 of said chapter 773, as most recently amended by section 5 of said chapter 708, is hereby further amended by striking out paragraph (o) and inserting in place thereof the following paragraph:-

(o) To do all acts and things necessary or convenient to carry out, or, in connection with any financing or refinancing provided by HEFA, to assist and cooperate with the university, other university affiliates, or HEFA in carrying out, the powers expressly granted in this act.

SECTION 110. Section 5 of said chapter 773, as most recently amended by section 6 of chapter 708 of the acts of 1983, is hereby further amended by adding the following paragraph:-

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. For the purpose of this section, section nineteen B, and section nineteen C, the term "Authority" shall also refer to HEFA and to any university affiliate. The word project, as used in this act, shall also have the meaning given in paragraph (b) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended. No sale, conveyance, lease, or grant made by HEFA, or the commonwealth acting through the trustees, or any university affiliate to HEFA, the commonwealth acting through the trustees, or any university affiliate shall be subject to the provisions of section forty F, section forty F 1/2, section forty H, or section forty I of chapter seven of the General Laws; provided, that the trustees may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any university affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, or the commonwealth acting through the trustees, or a university affiliate of any property or right thereto obtained by HEFA or any university affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections - HEFA or such university affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of chapter seven of the General Laws and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine of the General Laws. Notwithstanding any provision of paragraph (a) or section nineteen B to the contrary, any sale, conveyance, lease or grant made under this section or section nineteen B to HEFA, the commonwealth acting through the trustees or any university affiliate shall become effective without any necessity for any approval by the governor or the council.

SECTION 111. Section 19A of said chapter 773, inserted by section 15 of chapter 684 of the acts of 1963, is hereby amended by adding the following paragraph:-

To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of the university or any university affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the trustees under the provisions of section five, or any university affiliate to HEFA, or the commonwealth acting through the trustees, or any university affiliate of buildings or other property, the trustees may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or any university affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held by the trustees as trust funds under the provisions of section eleven of chapter seventy-five of the General Laws, administered by the trustees as gifts, grants, or trusts under the provisions of clause (e) of section ten of chapter fifteen A of the General Laws, made available for expenditure by the trustees pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the trustees, and (ii) may contract with HEFA or any university affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended; provided, that in the case of any funds expected to be available for expenditure by the trustees pursuant to subsequent appropriation or other spending authorization by the legislature, the trustees may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The trustees may impose such terms and conditions as to the application of the funds so transferred as the trustees deem appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of chapter seventy-five of the General Laws. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the university or any university affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

SECTION 112. Section 1 of chapter 557 of the acts of 1961, as most recently amended by chapter 805 of the acts of 1985, is hereby further amended by adding the following two paragraphs:-

(i) The term "HEFA" shall mean the Health and Educational Facilities Authority created by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given by law.

(j) The term "University Affiliate" shall mean the Authority and any other organization affiliated with the university, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight.

SECTION 113. Section 4 of said chapter 557, as most recently amended by section 6 of said chapter 805, is hereby further amended by striking out paragraph (o) and inserting in place thereof the following paragraph:-

(o) To do all acts and things necessary or convenient to carry out, or, in connection with any financing or refinancing provided by HEFA, to assist and cooperate with the university, other university affiliates, or HEFA in carrying out, the powers expressly granted in this act.

SECTION 114. Section 5 of said chapter 557, as most recently amended by section 7 of said chapter 805, is hereby further amended by adding the following paragraph:-

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. For the purpose of this section, section nineteen A, and section nineteen B, the term "Authority" shall also refer to HEFA and to any university affiliate. The word project, as used in this act, shall also have the meaning in paragraph (b) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended. No sale, conveyance, lease, or grant made under this section by HEFA, or the commonwealth acting through the trustees, or any university affiliate to HEFA, the commonwealth acting through the trustees, or any university affiliate shall be subject to the provisions of section forty F, section forty F 1/2, section forty H, or section forty I of chapter seven of the General Laws; provided, that the trustees may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that - in connection with (i) any project upon any real property or right thereto obtained by HEFA or any university affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, or the commonwealth acting through the trustees, or a university affiliate of any real property or right thereto obtained by HEFA or any university affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections - HEFA or such university affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of chapter seven of the General Laws and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine of the General Laws. Notwithstanding any provision of paragraph (a) or section nineteen A to the contrary, any sale, conveyance, lease or grant made under this section or section nineteen A to HEFA, the commonwealth acting through the trustees or any university affiliate shall become effective without any necessity for any approval by the governor or the council.

SECTION 115. Said chapter 557 is hereby further amended by inserting after section 19B the following section:-

Section 19C. To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of the university or any university affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the trustees under the provisions of section five, or any university affiliate to HEFA, or the commonwealth acting through the trustees, or any university affiliate of buildings or other property, the trustees may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or any university affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held by the trustees as trust funds under the provisions of section eight of chapter seventy-five A of the General Laws, administered by the trustees as gifts, grants, or trusts under the provisions of clause (e) of section ten of chapter fifteen A of the General Laws, made available for expenditure by the trustees pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the trustees, and (ii) may contract with HEFA or any university affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended; provided, that in the case of any funds expected to be available for expenditure by the trustees pursuant to subsequent appropriation or other spending authorization by the legislature, the trustees may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The trustees may impose such terms and conditions as to the application of the funds so transferred as the trustees deem appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of chapter seventy-five A of the General Laws. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the university or any university affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

SECTION 115A. Section 1 of chapter 703 of the acts of 1963 is hereby amended by adding the following two paragraphs:-

(i) The term "HEFA" shall mean the Health and Educational Facilities Authority created by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given by law.

(j) The term "State College Affiliate" shall mean the Authority and any other organization affiliated with any state college, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended.

SECTION 116. Section 4 of said chapter 703 is hereby further amended by striking out paragraph (o) and inserting in place thereof the following paragraph:-

(o) To do all acts and things necessary or convenient to carry out, or, in connection with any financing or refinancing provided by HEFA, to assist and cooperate with any state college, other state college affiliates, or HEFA in carrying out, the powers expressly granted in this act.

SECTION 117. Section 5 of said chapter 703 is hereby amended by adding the following paragraph:-

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. For the purpose of this section, section nineteen, and section twenty, the term "authority" shall also refer to HEFA and to any state college affiliate. The word project, as used in this act, shall also have the meaning given in paragraph (b) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended. No sale, conveyance, lease, or grant made under this section by HEFA, or the commonwealth acting through the trustees, or any state college affiliate to HEFA, or the commonwealth acting through the trustees, or any state college affiliate shall be subject to the provisions of section forty F, section forty F 1/2, section forty H, or section forty I of chapter seven of the General Laws; provided, that the trustees may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that - in connection with (i) any project upon any real property or right thereto obtained by HEFA or any state college affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) disposition to a person or entity other than HEFA, or the commonwealth acting through the trustees, or a state college affiliate of any real property or right thereto obtained by HEFA or any state college affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections - HEFA or such state college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of chapter seven of the General Laws and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine of the General Laws. Notwithstanding any provision of paragraph (a) or section nineteen A to the contrary, any sale, conveyance, lease or grant made under this section or section nineteen A to HEFA, the commonwealth acting through the trustees or any university affiliate shall become effective without any necessity for any approval by the governor or the council.

SECTION 118. Said chapter 703 is hereby further amended by inserting after section 18 the following section:-

Section 18A. To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of any state college or any state college affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the trustees under section five, or any state college affiliate to HEFA, or the commonwealth acting through the trustees, or any state college affiliate of buildings or other property, the trustees may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or to any state college affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held as trust funds for any state college under the provisions of section fourteen of chapter seventy-three of the General Laws, administered on behalf of any state college as gifts, grants, or trusts under the provisions of clause (e) of section ten of chapter fifteen A of the General Laws, made available for expenditure on behalf of any state college pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the trustees, and (ii) may contract with HEFA or any state college affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight; provided, that in the case of any funds expected to be available for expenditure by the trustees pursuant to subsequent appropriation or other spending authorization by the legislature, the trustees may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The trustees may impose such terms and conditions as to the application of the funds so transferred as the trustees deem appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of chapter seventy-three of the General Laws. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against any state college or any state college affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

SECTION 119. Section 1 of chapter 703 of the acts of 1964 is hereby amended by adding the following two paragraphs:-

(i) The term "HEFA" shall mean the Health and Educational Facilities Authority created by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given by law.

(j) The term "University Affiliate" shall mean the Authority and any other organization affiliated with the university, as defined in paragraph (e) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended.

SECTION 120. Section 4 of said chapter 703, as most recently amended by section 18 of chapter 805 of the acts of 1985, is hereby further amended by striking out paragraph (o) and inserting in place thereof the following paragraph:-

(o) To do all acts and things necessary or convenient to carry out, or, in connection with any financing or refinancing provided by HEFA, to assist and cooperate with the university, any university affiliate, or HEFA in carrying out, the powers expressly granted in this act.

SECTION 121. Section 5 of said chapter 703 is hereby amended by adding the following paragraph:-

In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. For the purpose of this section, section twenty, and section twenty-one, the term "Authority" shall also refer to HEFA and to any university affiliate. The word project, as used in this act, shall also have the meaning given in paragraph (b) of section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended. No sale, conveyance, lease, or grant made under this section by HEFA, the commonwealth acting through the trustees, or any university affiliate to HEFA, the commonwealth acting through the trustees, or any university affiliate shall be subject to the provisions of section forty F, section forty F 1/2, section forty H, or section forty I of chapter seven of the General Laws; provided, that the trustees may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any university affiliate pursuant to a sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, or the commonwealth acting through the trustees, or a university affiliate of any real property or right thereto obtained by HEFA or any university affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections - HEFA or such university affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of chapter seven of the General Laws and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine of the General Laws. Notwithstanding any provision of paragraph (a) or section twenty to the contrary, any sale, conveyance, lease or grant made under this section or section nineteen A to HEFA, the commonwealth acting through the trustees or any university affiliate shall become effective without any necessity for any approval by the governor or the council.

SECTION 122. Section 19 of said chapter 703 is hereby amended by adding the following paragraph:-

To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of the university or any university affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the trustees under section five, or any university affiliate to HEFA, or the commonwealth acting through the trustees, or any university affiliate of buildings or other property, the trustees may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or any university affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held by the trustees as trust funds under the provisions of section eight of chapter seventy-five B of the General Laws, administered by the trustees as gifts, grants, or trusts under the provisions of clause (e) of section ten of chapter fifteen A of the General Laws, made available for expenditure by the trustees pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the trustees, and (ii) may contract with HEFA or any university affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, as amended; provided, that in the case of any funds expected to be available for expenditure by the trustees pursuant to subsequent appropriation or other spending authorization by the legislature, the trustees may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The trustees may impose such terms and conditions as to the application of the funds so transferred as the trustees deem appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of chapter seventy-five B of the General Laws. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the university or any university affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

SECTION 123. Paragraph (b) of section 3 of chapter 614 of the acts of 1968, as amended by section 1 of chapter 789 of the acts of 1985, is hereby further amended by striking out, in lines 44 and 45, the words "but shall not include" and inserting in place thereof the words:- and may also include the issuance of tax-exempt debt instruments for working capital and for the providing of.

SECTION 124. Section 3 of chapter 614 of the acts of 1968 is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) "Institution for higher education", a public or a private, nonprofit educational institution within the commonwealth authorized by law to provide a program of education beyond the high school level, or any organization affiliated therewith; provided, that for the purposes of this paragraph an "organization affiliated" with such educational institution shall be any organization or association, in any form, the activities of which are a part of the activities of such educational institution and are subject to regulation by the trustees or other governing body of such educational institution, or any research foundation, teaching hospital and associated clinics, or other research or educational organization the operation of which in conjunction with such educational institution is approved by the trustees or other governing body of such educational institution, or any other entity whose activities are approved by the trustees or other governing body of such educational institution as furthering the purposes of the educational institution, or, in the case of a public institution for higher education, the board of regents established under section two of chapter fifteen A of the General Laws.

SECTION 125. Section 5 of said chapter 614 is hereby amended by striking out paragraph (k) and inserting in place thereof the follow paragraph:-

(k) to mortgage any project and the site thereof for the benefit of the holders of revenue bonds issued to finance such project; provided, however, that the authority shall not mortgage any project undertaken on behalf of a public institution for higher education or the site thereof, and shall not convey such project or site except pursuant to section eight;.

SECTION 126. Said section 5 of said chapter 614 is hereby further amended by adding the following paragraph:-

The authority shall not undertake any project on behalf of a public institution for higher education except upon written request made by the board of regents of higher education established under section two of chapter fifteen A of the General Laws.

SECTION 127. Section 13 of said chapter 614, as most recently amended by section 25 of chapter 777 of the acts of 1981, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Such rates, rents, fees and charges shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this commonwealth other than the authority, except as provided in section thirteen A.

SECTION 128. Said chapter 614 is hereby further amended by inserting, immediately after section thirteen, the following new section:-

Section 13A. In the case of any project for a public institution for higher education, any establishment or revision of rules and regulations for the use thereof and any fixing or revising of rates, rents, fees or other charges by the authority shall require the approval of the trustees. The trustees shall exercise their powers hereunder so that the aggregate of such rates, rents, fees and charges from such project with other revenues, if any, shall be sufficient (1) to pay the cost of maintaining, repairing and operating the project and each and every portion thereof, to the extent that the payment of such cost has not otherwise been adequately provided for, (2) to pay the principal of and the interest on outstanding revenue bonds of the authority issued in respect of such project as the same shall become due and payable, and (3) to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such revenue bonds of the authority. Upon any failure of the trustees so to exercise their powers, the authority may proceed to establish or revise such rules and regulations and fix or revise such rates, rents, fees or other charges without the approval of the trustees; provided, that in such case the trustees may propose alternative rules and regulations or scale of rates, rents, fees or other charges which shall thereupon be adopted by the authority if aggregate revenues sufficient to meet said requirements will be produced thereby. Such rates, rents, fees or other charges shall not, except as expressly provided herein with respect to the trustee, be subject to supervision or regulation of any department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof. For the purpose of this section, the term "trustees" shall mean (i) the board of regents established under section two of chapter fifteen A of the General Laws, in the case of any state college, as defined in paragraph (h) of section one of chapter seven hundred and three of the acts of nineteen hundred and sixty-three, or in the case of any community college, as defined in paragraph (a) of section five B of chapter fifteen A of the General Laws, or (ii) the trustees of the public institution of higher education, or said board of regents if authorized by the trustees, in the case of a public university.

SECTION 129. Section 3 of chapter 585 of the acts of 1986 is hereby amended by striking out, in line 2, the word "ninety" and inserting in place thereof the following word:- ninety-one.

SECTION 130. Said section 3 of said chapter 585 is hereby further amended by striking out, in lines 4 and 7, the word "eighty-nine", and inserting in place thereof, in each instance, the word:- ninety.

SECTION 131. Chapter 23 of the acts of 1988 is hereby amended by striking out section 83 and inserting in place thereof the following section:-

Section 83. There is hereby established a labor shortage trust fund which shall be administered and expended by the department of medical security without further appropriation. The purpose of said fund is to finance projects that address the critical labor shortage facing hospitals, including, but not limited to, projects to train health care workers, to develop career ladders within the health care professions, and to establish day care programs at hospitals and other health care facilities. The fund shall be administered by the department according to regulations promulgated by the department and approved by the secretary of the executive office of human services and by the secretary of administration and finance.

The fund shall consist of revenues provided by an assessment on each acute care hospital equal to one-tenth of one percent of the annual gross patient service revenues of such hospital approved under chapter six A of the General Laws. Said revenues shall be received impressed with a trust for the benefit of hospitals, other health care providers, and present and future health care workers.

SECTION 132. Section thirty of chapter two hundred and eight of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 133. Section eighteen of chapter two hundred and thirty-six of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 134. Section thirty-seven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine is hereby repealed.

SECTION 135. Section 81 of said chapter 240 is hereby amended by striking out, in lines 6 to 8, inclusive, the words "provided that such payments shall not exceed nine hundred and sixty-five thousand dollars for the state colleges and not exceed seventy-five thousand dollars for the University of Lowell for the cost of heat, light, power and other services for such projects".

SECTION 136. Section 106 of said chapter 240 is hereby amended by striking out, in line 8, the figure "1102-7881" and inserting in place thereof the figures:- 1100-1561, 1102-7881.

SECTION 137. Said chapter 240 is hereby further amended by striking out section 98 and inserting in place thereof the following section:-

Section 98. Notwithstanding the provisions of any general or special law to the contrary, rates determined by the rate setting commission for programs pursuant to chapter seventy-one B of the General Laws shall be set annually for every program by the first Wednesday in February for the next fiscal year. Said rates shall not be increased except to account for inflation, cost of living increases, and increased expenditures required by government agencies to retain necessary licenses and certificates affecting the health and safety of students, as determined by the commission.

If said commission fails to determine said final annual rates on or before the first Wednesday in February, said rates then in effect shall continue to be in effect for the next fiscal year.

Annual program rates may be adjusted prospectively at any time to account for extraordinary or unanticipated rate year costs beyond the reasonable control of the provider if the adjustment is approved by the rate setting commission and an independent review board which is in the department of education but not subject to its control. Said board shall consist of one special education administrator, one member of the department of education, and one representative of a private school approved pursuant to chapter seventy-one B of the General Laws, all of whom shall be selected by the department of education; one representative of the rate setting commission who shall be selected by the rate setting commission; one representative of the Massachusetts municipal association who shall be selected by said association; one representative of the Massachusetts Association of School Committees who shall be selected by said association; and one representative of the Massachusetts Association of School Superintendents who shall be selected by said association. Members shall be appointed on a case by case basis. Said board may approve, reject, or amend the request based on cost models established jointly by the department of education and the rate setting commission. The recommendation of said board shall be final.

Annual program rates may also be adjusted prospectively by the rate setting commission to reflect costs attributable to extraordinary changes in volume, all as set forth in regulations of the commission. No such rate may be adjusted retroactive to its effective date except to account for the results of administrative reviews, if any, as provided in the regulations of the commission. Nothing herein shall preclude the commission from setting a rate for a new program established for the first time under chapter seventy-one B of the General Laws, or sole source rates as provided in the regulations of the commission, after the first Wednesday in February of any fiscal year.

SECTION 138. Pursuant to the provisions of section forty-two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine and notwithstanding any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to establish the following fees for service; provided, however, that said fees for service shall take effect upon the effective date of this section. `tuc Registry of Motor Vehicles `tu Commercial Driver's License Endorsement fee $ 10.00 per endorsement Salvage Vehicle Examination fee 50.00 Reinstatement of Driver's License or 40.00 Right to Operate After Suspension or Revocation `tuc Department of Labor and Industries `tu Deleader-contractor license $350.00 Deleader-supervisor license 100.00 `tuc Executive Office of Environmental Affairs `tu Digital Cartographic Data Files Category A $ 50.00 Category B 100.00 Category C 150.00 File Conversion Fee 25.00 GIS Generated Standard Map Products Category A 50.00 Category B 100.00 Category C 150.00 Custom Map and Data Products Category A 250.00 Category B 500.00 Category C 1,000.00 Category D 2,500.00 Mailing Lists $ .10 per label $15.00 per staff hour Special Reports $ .05 per page $15.00 per staff hour Data Entry $25.00 per staff hour

SECTION 139. Chapter 240 of the acts of 1989 is hereby amended in section two C by striking line item 4516-0102 therein and inserting in place thereof the following line item:-

`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 `tc1 4516-0102 `tc4 The department of public health drug analysis laboratory may expend revenues in an amount not to exceed seven hundred and fifty thousand dollars accrued from penalties paid in accordance with section B of chapter two hundred and eighty of the General Laws for services provided to analyze samples used in prosecution of controlled substance offenses and for the compensation of employees `tc6 $300,000 `tcol;end

SECTION 140. Notwithstanding the provisions of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine or any other general or special law to the contrary, amounts appropriated in each of the following items of section two of said chapter two hundred and forty are hereby authorized to be expended, pursuant to the court judgement in Quirk v. Anrig, for the costs of retroactive salary adjustments for services provided by institutional school personnel funded from said items: 4311-0009, 4513-1000, 4540-0001, 5046-0000, 5047-0000, 5051-0100, 5095-0000, 5948-0000, 5983-0100.

SECTION 141. Notwithstanding the provisions of any general or special law to the contrary, there shall be established upon the books of the commonwealth a separate fund to be known as the Vaccine Trust Fund. This fund shall consist of monies paid or contributed to the fund from the "uncompensated care pool", as defined by subsection (1) of section fifteen of chapter one hundred and eighteen F of the General Laws.

The treasurer of the commonwealth is authorized to transfer an amount equal to eight million dollars for fiscal year nineteen hundred and ninety and eight million dollars for fiscal year nineteen hundred and ninety-one from the "uncompensated care pool" to said Vaccine Trust Fund.

The revenue received from payments made under this section shall be impressed with a trust on behalf of the beneficiaries of said program and shall be kept in the trust fund separate and apart from all other monies received by the commonwealth. The treasurer of the commonwealth shall be the custodian of the trust fund. The monies in the trust fund shall be invested by the treasurer in accordance with law; provided, however, that the treasurer shall make no investments that prevent the treasurer from making timely payment of disbursements. Interest income and dividends from such investments shall be credited to the fund. The treasurer shall make payments from the trust fund, without further appropriation, on the submission of a warrant listing all payments to be made, which has been approved in writing by the commissioner of public health or his designee. Said payments shall be only for the purchase or manufacture of vaccines consistent with the current practices of the department of public health.

The books and records of the trust fund shall be subject to an annual audit by the auditor of the commonwealth. Up to five percent of the Vaccine Trust Fund, not to exceed two hundred thousand dollars annually, may be expended by the commissioner of public health for the ongoing administrative costs of the Vaccine Trust Fund.

SECTION 142. On behalf of the governor, the commissioner of administration shall conduct a management study of the structure of the executive branch of the commonwealth. Such study shall include, but not be limited to, an analysis of the structure and efficiency of the several executive offices, the governor's policy offices, the system of institutions of higher education, and the major state agencies. Such study shall make recommendations as to the feasibility of transferring, consolidating, or abolishing any of the functions performed by any of the offices, institutions, and agencies listed above.

Pursuant to such study, the governor is hereby authorized and directed to prepare and submit to the general court by May first, nineteen hundred and ninety, a reorganization plan pursuant to Article LXXXVII of the Amendments to the Constitution for the purpose of transferring, abolishing, consolidating, or coordinating the whole or part of any executive office or the functions or agencies thereof; provided, that such reorganization plan shall reduce the total of executive offices to no more than eight; and provided, further, that such reorganization plan shall eliminate the governor's offices of economic development, human resources, and education by May first, nineteen hundred and ninety.

The purpose of such proposed reorganization shall be to simplify the structure of state government and to manage its activities more efficiently and cost effectively. Such proposed reorganization shall take into account issues including, but not limited to, the missions and mandates of the executive offices both individually and collectively, the possibility of using alternative management techniques and lines of authority to attain a more efficient allocation of limited resources, elimination of unnecessary duplication of functions across and within executive offices, and a feasible schedule for the accomplishment of such reorganization.

SECTION 143. The commissioner of administration and finance shall take all steps necessary to reduce by January thirty-first, nineteen hundred and ninety the total number of filled positions in state agencies of the executive branch by not less than five thousand from the total number of filled positions on July first, nineteen hundred and eighty-eight; provided, however, that in making such reductions the commissioner shall take public health and public safety into account. Within fifteen days of the effective date of this act, the secretary of administration shall establish agency targets necessary to achieve said reduction and shall submit monthly progress reports to the senate and house committees on ways and means. Within fifteen days of the effective date of this act, the commissioner of administration shall file a list of the salary and position title of each full-time equivalent position eliminated from the state payroll since July first, nineteen hundred and eighty-eight. Said list shall be updated and filed monthly thereafter.

SECTION 144. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration shall make available on a quarterly basis beginning January first, nineteen hundred and ninety with the clerks of the house and the senate and the house and senate committees on ways and means a report or reports of the number of employees receiving compensation from the 01 subsidiary account, including but not limited to those employees paid overtime or differential pay through the 02 subsidiary account and those employees in positions classified as excess quota positions, provided that such report shall include said employees receiving compensation from accounts payable through appropriated funds, trust funds, federal funds, or proceeds from the sale of bonds or notes; provided, however that said report or reports shall include the account number, the employing agency, name, salary, position, and the appointment date of each such employee. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration shall make available on a quarterly basis beginning January first, nineteen hundred and ninety with the clerks of the house and senate and with the house and senate committee on ways and means a report of the contracts for services payable from the 03 subsidiary account through accounts payable from appropriated funds, trust funds, federal funds, or the proceeds from the sale of bonds or notes; provided that such report shall include the name and address of the vendor of such services, the contracting agency, the account from which the funds are to be expended, a brief description of such services, the duration of the contract, the maximum obligation of such contract, and the amount expended to date to fund such contract.

SECTION 145. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration shall file with the Senate and House Committees on Ways and Means within thirty days of the effective date of this act and monthly thereafter, a report which shall include an account by account description of fiscal year nineteen hundred and ninety deficiency items including a projection of the amount of each deficiency and the reasons for each deficiency.

SECTION 147. Notwithstanding the provisions of any general or special law to the contrary, the Environmental Challenge Fund shall forward to the division of environmental law enforcement certain funds in accordance with the provisions set forth in item 2350-0100 of section two for officers working in the hazardous waste task force within said division of environmental law enforcement.

SECTION 148. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized to charge a fee for the use of its lot for parking on Berkeley street in the city of Boston. Said fee shall range between five and fifteen dollars per vehicle and shall be set at the discretion of the commissioner of the metropolitan district commission, taking into consideration the lot's usage. The metropolitan district commission is authorized to employ two part-time employees to staff the lot during high capacity Boston Garden events as determined by the metropolitan district commission.

SECTION 149. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety, the Massachusetts Housing Finance Agency is hereby authorized and directed to pay three million eight hundred twenty-five thousand dollars from funds available in the unrestricted fund balance of said agency for the cost of the section thirteen A interest subsidy program; said amount to be in addition to any amount appropriated in item 3722-9201 of section two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine.

SECTION 150. (1) The secretary of administration and finance is hereby authorized and directed to establish by January first, nineteen hundred and ninety guidelines for the utilization of all state vehicles that are owned, leased or assigned to any branch of state government. Said guidelines shall require the following:

(a) no agency may purchase, enter into a new lease for the use of, or obtain the ownership of a motor vehicle without the specific approval of the secretary of administration and finance.

(b) no employee shall use a state owned vehicle to travel from the employee's place of residence to the employee's place of work, unless such use is specifically authorized by the secretary of administration and finance.

(c) each agency shall provide said secretary with a monthly motor vehicle report, in a form as he shall prescribe. Said report shall include the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle.

(d) pursuant to administrative bulletin 89-6 issued by the executive office for administration and finance, any motor vehicle that does not meet the criteria to be assigned to a state agency shall be placed in the "MVMB Motor Pool", so-called; provided that, said secretary shall determine the quantity and type of vehicles in the MVMB motor pool. All motor vehicles in the MVMB motor pool that are in excess of the quantity and are not of the type necessary for said pool shall be considered surplus state property and subject to disposition in accordance with the General Laws.

(2) Said secretary shall submit a monthly motor vehicle utilization report to the house and senate committees on ways and means. Said report shall include the following:

(a) all purchases, pursuant to clause (a) of subsection (1), approved by the secretary, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. The secretary shall identify the funding source for each such purchase.

(b) any authorization pursuant to clause (b) of subsection (1), provided that said secretary shall include the name, office location, position number and position title of the employee given such authorization; the year make, registration number and actual monthly mileage of the vehicle assigned to such employee; and a detailed explanation of the need for such authorization.

(c) a complete listing of all motor vehicles, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. Said report shall not include vehicles with confidential plates, as provided in administrative bulletin 89-6 issued by the executive office for administration and finance; provided, however, that said report shall state the number of confidential plates that have been issued.

(d) a listing of all motor vehicles that were subject to disposition during the prior month identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to each vehicle.

(3) The initial report submitted pursuant to subsection (2) shall include a listing of all motor vehicles that were subject to disposition during July first, nineteen hundred and eighty-nine through December thirty-first, nineteen hundred and eighty-nine identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to said vehicle.

SECTION 151. The secretary of administration and finance is hereby authorized and directed to develop and implement on or before July first, nineteen hundred and ninety, a program whereby the use of state vehicles owned or operated by the motor vehicle management bureau shall be supported by a system of rental fees assessed to the various agencies, departments, divisions, authorities and other legal entities of the commonwealth based on their use of said vehicles. Said program shall further include provisions establishing uniform compensation rates for the use of private vehicles by state employees in the course of their work. It shall be the stated purpose of said program to eliminate direct funding from the General Fund or any other fund of the commonwealth for the capital and operating costs of the motor vehicle management bureau, and to provide state vehicles to the various agencies, departments, divisions, authorities and other legal entities of the commonwealth on a more cost effective basis.

SECTION 152. The deputy commissioner of the division of capital planning and operations is authorized and directed to establish guidelines for the utilization of all office space leased by any branch of state government by February first, nineteen hundred and ninety. Said guidelines shall provide that no agency of the commonwealth may enter into any new rental or lease agreement without the specific authorization of said deputy commissioner. Said deputy commissioner shall not authorize any such agreement until said division certifies that no available and appropriate office space exists in state owned facilities to meet the space and location requirements of the prospective lessee. Said deputy commissioner shall submit a semi-annual report on the utilization of office space, rented and state-owned, by the agencies of the commonwealth, to the house and senate committees on ways and means. Said report shall include a list of all leases held by agencies of the commonwealth including the terms of each rental contract specifying the size, cost, and explanation of need for such lease; a listing of vacancies in existing state owned facilities.

SECTION 153. Notwithstanding the provisions of any general or special law to the contrary, each secretary, as defined in section one of chapter twenty-nine of the General Laws, and each constitutional officer of the commonwealth may employ not more than one full-time equivalent press secretary; each state agency, as defined in said section one, each such secretariat and each constitutional officer may employ not more than one legislative liaison; no such state agency shall employ a press secretary.

SECTION 154. On or before June thirtieth, nineteen hundred and ninety, the Massachusetts Port Authority shall pay to the commonwealth all sums required to be paid pursuant to section six of chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six; provided, that the amount paid pursuant to this section shall not be less than thirty million dollars. All amounts received pursuant to this section shall be credited to the General Fund.

SECTION 155. The Massachusetts Technology Development Corporation shall reimburse the commonwealth for amounts appropriated for the expenses of said corporation. Said reimbursement shall be paid on or before June thirtieth, nineteen hundred and ninety and shall not be less than one million dollars. Amounts received pursuant to this section shall be credited to the General Fund.

SECTION 156. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the following police forces of the commonwealth are hereby declared to be within and under the supervision and control of the department of public safety: the division of state police, the metropolitan district commission police force, the capitol police force, and the division of law enforcement of the registry of motor vehicles. The commissioner of public safety shall coordinate and direct the functioning of such police forces; including, but not limited to annual budget preparation, the efficient use of office space, equipment, and motor vehicles, and the employment of clerical and administrative personnel. The commissioner of public safety shall assume the powers, duties, and responsibilities of the commissioner of the metropolitan district commission, the chief of the capitol police, and the registrar of motor vehicles for the purposes of supervision and control of the personnel of the metropolitan district commission police force, the capitol police force and the division of law enforcement of the registry of motor vehicles, including those powers, duties, and responsibilities provided pursuant to the provisions of the respective collective bargaining agreements.

Nothing in this section shall be deemed to impair the rights of any employee of the division of state police, the metropolitan district police force, the capitol police force, or the registry of motor vehicles provided pursuant to the appropriate collective bargaining agreement, nor shall anything in this section be deemed to impair the rights, including but not limited to civil service rights, seniority, group insurance benefits, and retirement benefits of any such employee.

SECTION 157. The secretary of human services is hereby authorized and directed to develop a plan to eliminate regional offices within the department of social services; provided, however, that said plan shall allow for the continued operation of one regional office for the aforementioned department to be located in western Massachusetts.

The plan called for in the first paragraph of this section shall include a detail of the cost savings associated with each closing of a regional center, a listing of all positions to be eliminated as a result of such closing, a listing of all positions to be transferred to either an area office or a central office as a result of such closing and any other information as may be deemed appropriate. Said reports shall be completed and forwarded to the clerk of the house of representatives and the clerk of the senate within thirty days of the effective date of this act.

SECTION 158. Effective April first, nineteen hundred and ninety the department of public welfare shall require that objective needs-based assessment criteria be established for all programs not subject to department of public health determination of need approval. Effective April first, nineteen hundred and ninety, the department of public welfare shall re-determine the eligibility for participation for all providers of programs subject to said needs-based assessment.

SECTION 159. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare shall not make payments for the following: Christian Science nurses, Christian Science sanitaria, and services provided by social work interns; provided however, that the department shall develop procedures whereby the provisions of this section may be waived for individual cases for which the commissioner determines that either access to alternative benefits or providers is not available or appropriate, or that the provision of said alternative benefits could not be provided in a cost-effective manner.

SECTION 160. Notwithstanding the provisions of any general or special law to the contrary, whenever pharmaceutical benefits are provided to recipients, the department of public welfare shall make payments only for the cost of the least expensive, reasonably available interchangeable generic drug product; provided, however, that the department shall develop procedures whereby the provisions of this section may be waived for individual cases for which the practitioner provides written documentation to the department that a recipient's medical condition requires the use of a non-generic drug product. Only those interchangeable generic drugs which are listed on the most current formulary or supplement thereof as published by the department of public health shall be used as a basis for the maximum allowable payment pursuant to the provisions of this section.

SECTION 161. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to develop regulations and procedures relative to requiring a recipient of medical assistance under the provisions of chapter 118E to participate in a program of managed care, upon determination by the department, pursuant to the provisions of 42 USC 1396n(a), subject to appeal by the recipient, that said recipient has demonstrated a pattern of excessive or inappropriate utilization of a covered benefit.

Said determination shall be made pursuant to an evaluation by an independent case manager that adequate managed care is reasonably available to meet the recipient's needs for medical care and that (i) enrollment in such managed care program is the most appropriate alternative, or (ii) the recipient has received case management assistance in locating and accessing appropriate care, and excessive or inappropriate utilization of covered benefits has continued.

Selection of the managed care provider shall be subject to appeal by the recipient.

SECTION 162. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to revise its rules and regulations pursuant to law with respect to the emergency assistance program as follows: any recipient who has received financial aid from the emergency assistance program more than once during a twelve month period shall be subject to an individual review by the assigned caseworker as to the reasons for the multiple usage of emergency assistance, and shall be placed by the department upon a protective payment schedule if said caseworker determines that the recipient has utilized emergency assistance as a result of having mismanaged funds.

SECTION 163. Notwithstanding the provisions of any general or special law to the contrary, all rental housing assistance programs funded through or administered by the executive office of communities and development, directly or through a subcontractor, shall, at the option of a local housing authority, established pursuant to section three of chapter one hundred and twenty-one B of the General Laws, be administered by the local housing authority if rental units leased under said rental housing assistance programs are located in the community served by the local housing authority, provided that said rental housing assistance programs shall include the Chapter 707 Rental Assistance Program, the federal Section 8 Rental Assistance Program and the federal housing voucher program, so-called.

SECTION 164. Section one hundred and sixty-three of this act shall apply only in the cities of Brockton, Lynn, Lawrence, New Bedford, Taunton, Malden, Springfield, West Springfield, Westfield, Holyoke and Chicopee.

SECTION 165. The secretary of administration and finance is hereby authorized and directed to conduct a study regarding the advisability of implementing a sliding fee scale for tuition paid by state employees attending Massachusetts public colleges and universities. Said study shall review the cost to the commonwealth of the present policy of permitting state employees to attend state colleges and universities without tuition charges, the impact of collective bargaining agreements on any sliding fee scale, the feasibility of restricting tuition benefits to state employees attending work-related courses, the impact of a sliding-fee tuition policy on the ability of the commonwealth and its institutions of higher education to recruit employees, the cost savings to be achieved by implementing a sliding-fee tuition policy, and such other issues as the secretary may determine. Said study, together with drafts of legislation necessary to carry out its recommendations, if any, shall be transmitted to the senate and house committees on ways and means no later than April first, nineteen hundred and ninety.

SECTION 166. Notwithstanding the provisions of section eleven E of chapter twelve and section nine A of chapter six A of the General Laws or any other general or special law to the contrary, assessments levied pursuant to said section eleven E of said chapter twelve and said section nine A of said chapter six A for the fiscal years ending June thirtieth, nineteen hundred and ninety and nineteen hundred and ninety-one, shall include amounts, in addition to said assessment amounts, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary of administration and finance to be expended from the General Fund in said fiscal years for indirect and fringe benefit costs attributable to personnel costs of the attorney general's office subject to the assessment under provisions of said section eleven E of said chapter twelve and said section nine A of said chapter six A. Collection of said amounts shall be subject to the provisions of said section eleven E of said chapter twelve and said section nine A of said chapter six A.

Notwithstanding the provisions of any general or special law to the contrary, any remaining balances at the end of fiscal years nineteen hundred and ninety and nineteen hundred and ninety-one of amounts available to be expended without further appropriation from assessments levied pursuant to said section eleven E of said chapter twelve and said section nine A of chapter six A, other than assessments on account of said indirect and fringe benefit costs, shall not revert to the General Fund, but shall be available for the purposes provided in said section eleven E during the ensuing fiscal year.

SECTION 167. Notwithstanding the provisions of section eleven F of chapter twelve and section eight F of chapter twenty-six of the General Laws or any other general or special law to the contrary, assessments levied pursuant to said sections for the fiscal years ending June thirtieth, nineteen hundred and ninety and nineteen hundred and ninety-one, shall include amounts, in addition to said assessment amounts, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary of administration and finance to be expended from the General Fund in said fiscal years for indirect and fringe benefit costs attributable to personnel costs of the attorney general's office subject to the assessment under provisions of said sections of said section eleven F of said chapter twelve and said section eight F of said chapter twenty-six. Collection of said amounts shall be subject to the provisions of said section eleven F of said chapter twelve and said section eight F of said chapter twenty-six.

Notwithstanding the provisions of any general or special law to the contrary, any remaining balances at the end of fiscal years nineteen hundred and ninety and nineteen hundred and ninety-one of amounts available to be expended without further appropriation from assessments levied pursuant to said section eleven F of said chapter twelve and said section eight F of said chapter twenty-six, other than assessments on account of said indirect and fringe benefit costs, shall not revert to the General Fund, but shall be available for the purposes provided in said section eleven F during the ensuing fiscal year.

SECTION 168. Notwithstanding the provisions of sections twelve M and seventeen A of chapter twenty-five of the General Laws or any other general or special law to the contrary, assessments levied pursuant to said sections for the fiscal years ending June thirtieth, nineteen hundred and ninety and nineteen hundred and ninety-one, shall include amounts, in addition to said assessment amounts, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary of administration and finance to be expended from the General Fund in said fiscal years for indirect and fringe benefit costs attributable to personnel costs of the fuel charge monitoring bureau subject to the assessment under provisions of said sections twelve M and seventeen A of said chapter twenty-five. Collection of said amounts shall be subject to the provisions of said sections twelve M and seventeen A of said chapter twenty-five.

Notwithstanding the provisions of any general or special law to the contrary, any remaining balances at the end of fiscal years nineteen hundred and ninety and nineteen hundred and ninety-one of the amounts available to be expended without further appropriation from assessments levied pursuant to sections twelve M and seventeen A of chapter twenty-five, other than assessments on account of said indirect and fringe benefit costs, shall not revert to the General Fund, but shall be available for the purposes provided in said sections during the ensuing fiscal year.

SECTION 169. Notwithstanding the provisions of section eight I of chapter twenty-six of the General Laws or any other general or special law to the contrary, assessments levied pursuant to said section eight I for the fiscal years ending June thirtieth, nineteen hundred and ninety and nineteen hundred and ninety-one, shall include amounts, in addition to said assessment amounts, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary of administration and finance to be expended from the General Fund in said fiscal years for indirect and fringe benefit costs attributable to personnel costs of the medical malpractice analysis bureau of the division of insurance subject to the assessment under provisions of said section eight I of said chapter twenty-six. Collection of said amounts shall be subject to the provisions of said section eight I of said chapter twenty-six.

Notwithstanding the provisions of any general or special law to the contrary, any remaining balances at the end of fiscal years nineteen hundred and ninety and nineteen hundred and ninety-one of amounts available to be expended without further appropriation from assessments levied pursuant to section eight I of said chapter twenty-six, other than assessments on account of said indirect and fringe benefit costs, shall not revert to the General Fund, but shall be available for the purposes provided in said section eight I during the ensuing fiscal year.

SECTION 170. Notwithstanding the provisions of section sixteen of chapter one hundred and eighteen F of the General Laws or any other provision of law to the contrary, the commissioner of medical security is hereby authorized and directed to transfer the amount of one million dollars from the Medical Security Trust Fund to the General Fund. The amount remaining in such Medical Security Trust Fund after such transfer and any future amounts deposited in such fund shall be retained in such Trust Fund to be used solely for the purposes of such Trust Fund as set forth in said section sixteen of chapter one hundred and eighteen F, and no further transfer of any amount out of such Trust Fund into any other fund shall be authorized.

SECTION 171. Notwithstanding any general or special law to the contrary, the secretary of administration and finance in consultation with the secretary of the executive office of human services and the secretary of the executive office of elder affairs is hereby authorized and directed to develop sliding schedules of fees for the provision of certain services funded by departments and commissions within the executive office of human services and the executive office of elder affairs; provided that no such fees shall be charged to individuals and families whose incomes are at or below two hundred percent of the federal poverty line; provided further that any sliding fee scale which is in effect on or before the passage of this act shall be exempt from the provisions of this section, provided however, that exemption from this section shall not preclude the secretary of administration and finance, the secretary of human services or the secretary of elder affairs from adjusting or changing the fee structure of any existing sliding fee scales; provided further that the commissioner of such department or commission shall be authorized to adjust or waive a recipient's copayment if the commissioner determines that imposition of such a fee would interfere with the recipient's ability to receive services for reasons including but not limited to financial hardship due to recent disaster, extraordinary medical or rental expenses; provided further, that the secretary of administration and finance shall file a schedule of such copayments, including an estimate of the new costs and revenues resulting therefrom, with the senate and house committees on ways and means and no later than thirty days after the effective date of this act; and provided further that each such department or commission shall provide affected recipients at least sixty days notice of impending copayment before implementation of said copayments; provided further that said schedules shall be implemented no later than ninety days after the effective date of this act.

SECTION 172. Notwithstanding the provisions of section twenty of this act or any other general or special law to the contrary, the comptroller shall not recover more than the following amounts for the commonwealth's costs of fringe benefits provided to or on behalf on any individual compensated by the University of Massachusetts through any source other than a direct expenditure of an appropriation during fiscal year nineteen hundred and ninety; for fringe benefits associated with the Amherst campus, nine million, forty-seven thousand dollars; for fringe benefit costs associated with the Boston campus, one million three hundred sixty-four thousand dollars; for fringe benefit costs associated with the Worcester campus, seven million nine hundred thirty thousand dollars; and for fringe benefit costs associated with the University of Massachusetts hospital, fifteen million six hundred thirty-seven thousand dollars.

Nothing in this section shall be construed as prohibiting the comptroller from making charges to recover the commonwealth's costs of fringe benefits provided to or on behalf of any individual compensated by the University of Massachusetts at any of its campuses from any source other than a direct appropriation during fiscal year nineteen hundred and ninety-one or in any ensuing fiscal year.

SECTION 173. The deputy commissioner of capital planning and operations shall conduct a study to determine how to reduce the annual costs of leased office space by five percent. The study shall evaluate the fiscal and programmatic impacts of reductions and consolidations of leased facilities, alternative methods of procurement of leased space, including but not limited to leasing with a longer term than five years, streamlining the statutory leasing process, and the replacement of leased facilities with purchased or newly constructed facilities.

Such report shall be filed, within sixty days of the effective date of this act, with the secretary of administration and finance and with the senate and house committees on ways and means.

SECTION 174. The secretary of human services shall conduct a study of methods to maximize revenues and to realize savings in the operation of the commonwealth's public and private hospitals. Such study shall include, but not be limited to, proposals for (1) maximizing federal Medicaid and Medicare revenue; (2) taking advantage of possible economies in purchasing, sharing and avoidance of duplication of services among state institutions; and (3) making cost effective use of excess capacity in the public and private hospital system to meet public needs, including the feasibility of consolidating existing state institutions. In addition, the secretary shall study the current mission, operations and revenue collection practices of the two soldiers' homes of the commonwealth and, where appropriate, recommend changes that will improve the quality and mix of services offered and maximize the collection of revenue by the soldiers' homes from all sources. The study shall be filed, within sixty days of the effective date of this act, with the secretary of administration and finance and with the senate and house committees on ways and means.

SECTION 175. The board of regents shall develop a plan regarding performance of energy audits for the purpose of reducing energy, utility and water costs at Massachusetts public colleges and universities. Said plan shall make recommendations for reductions in said costs of at least two percent within two years. Said plan shall be filed, within sixty days of the effective date of this act with the house and senate committees on ways and means.

SECTION 176. The board of regents shall develop a plan regarding tuition for students at Massachusetts public colleges and universities who are not Massachusetts residents. This plan shall require that no later than July first, nineteen hundred and ninety-one, said students shall pay an amount equal to one hundred percent of the costs of enrollment and further shall recommend increases in tuition for said students effective January first, nineteen hundred and ninety which shall raise no less than three million dollars in retained revenue; provided, that the portion of tuition due to the increase for each said student shall be due no later than September thirtieth, nineteen hundred and ninety and shall not be subject to interest charges. Said plan shall be filed, within thirty days of the effective date of this act, with house and senate committees on ways and means. The provisions of this section shall not apply to the tuitions for students in the New England Regional Student Program.

SECTION 177. The comptroller is hereby authorized to transfer charges previously made against the following items, as appearing in chapter two hundred and forty of the acts of nineteen hundred and eighty-nine to the following new items, inserted by section two of this act:

`tcol(*)=3;c1=5,18,tu;c2=33,3,tu;c3=51,10,tu Chapter 240 Items**New Items `t+1 `tc1 Section 2 `tcol;end `tcol(*)=3;c1=5,18,tu;c2=33,3,tu;c3=51,10,tu 1121-0100*to*0640-0300 8312-0100*to*8312-0000 8312-0100*to*8312-0104 8400-0001*to*8312-0000 8400-0040*to*8312-0102 8400-0040*to*8312-0104 8400-0040*to*8400-0001 8500-0001*to*8312-0000 8500-0001*to*8312-0103 8500-0001*to*8312-0104 9300-0004*to*9275-0003 9300-0500*to*9275-0500 9300-0600*to*9275-0004 9300-0800*to*9000-0110 `t+1 `tc1 Section 2C `tcol;end `tcol(*)=3;c1=5,18,tu;c2=33,3,tu;c3=51,10,tu 1121-0510*to*0640-2009 `tcol;end

SECTION 178. The secretary of transportation is hereby authorized and directed to report on a bi-monthly basis as to the costs incurred in connection with the depression of the central artery project and the construction of the third harbor tunnel project and the sources and amounts of available funds to pay said costs by filing such report with the clerk of the house of representatives on the first Wednesday of each even numbered month.

SECTION 179. All officers, directors and employees of state authorities and all trustees and employees of state institutions of higher education are hereby made subject to the provisions of chapter fifty-five of the General Laws, including sections thirteen through seventeen, inclusive, thereof.

SECTION 180. The photovoltaic center of excellence is authorized to prepare, publish, and distribute to participating businesses and institutions technical studies, reports, bulletins and other materials regarding the facilities and activities of the photovoltaic program; provided, that the secretary of economic affairs may designate that certain information shall be available only to participating businesses and institutions, and shall not be deemed to be a public record as defined in clause twenty-sixth of section seven of chapter four of the General Laws, and shall not be subject to demand for production under section ten of chapter sixty-six of the General Laws.

SECTION 181. Notwithstanding the provisions of chapter one hundred and thirty-six, section six, clause fifty, and chapter one hundred and thirty-eight, local licensing authorities may grant, at their discretion, a permit to allow the sale of alcoholic beverages not to be drunk on the premises on the Sunday immediately preceding Christmas day and on the Sunday immediately preceding New Year's Day by retail establishments licensed under section fifteen of chapter one hundred and thirty-eight. Such permit shall not allow such sale to occur on legal holidays as defined by chapter one hundred and thirty-six when said holiday occurs on one of the two Sundays described in the first sentence or prior to the hour of twelve noon. Establishments operating under these provisions shall compensate all employees at a rate of not less than one and one-half the employees regular rate. No employee shall be required to work, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, reduction of hours or any other penalty.

SECTION 182. Notwithstanding any general or special law to the contrary, all public health hospitals as included in item 4540-0001 of section two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, and item 4590-0100 of section two C of said act, shall remain fully operational and shall not cease to provide medical services at any time, unless a determination is made through the passage of legislation to alter or cease the operation of said facility.

SECTION 183. The secretary of administration and finance is hereby authorized and directed to execute a complete examination of the entire body of departmental licensing, quality assurance, and accreditation standards, policies, and procedures for duplication and overlap for the agencies within the secretariats of human services and elder affairs. The goal of this study should result a creation of a single set of baseline standards for health and safety concerns.

This shall include:

Surveying existing regulations, standards, and policies and assess current levels of resources currently allocated to these activities. Survey numbers of programs currently licensed, certified, or accredited against each set of standards.

Creation of set of unified health and safety standards and program-specific supplements. Use existing accreditation systems in lieu of state-operated quality assurance systems. Where quality assurance systems are developed, require standards and measurements oriented toward efficacy and performance.

Assessment of cost savings from, and resource needs for implementation. Assess cost of licensing regulations through component pricing and feed information into budget process.

Development of appropriate enabling legislation for a consolidated single state licensing/quality assurance entity. Make adjustments to appropriations and transfer departmental staff.

Creation of implementation plan for coordinated program assessment and integrate into five-year contract cycle.

Linage of program assessment and evaluation information to the provider financial data base to create a comprehensive, system-wide information system. Create simplified "all-purpose" reporting format and eliminate unnecessary reporting.

The secretary of administration and finance shall submit this study to the house committee on ways and means within one hundred and fifty days of passage of this act.

SECTION 184. The secretary of administration and finance is hereby authorized and directed to establish a purchase of services administration with system-wide responsibility for pricing, auditing and data base systems. This office will hold pricing and auditing authority over Purchase of Services activities in all secretariats and agencies.

Organizational functions for this administration shall include market survey, personnel survey, cost analysis, and price update under pricing functions; data collection, data analysis, and report development and dissemination under data base functions; and audit quality control and financial standards, development and enforcement under auditing functions.

The secretary of administration and finance shall submit an initial plan of implementation to the house committee on ways and means within ninety days of passage of this bill. That initial plan will focus on the pricing units implementation of organizational and operational issues of system maintenance and integration of contracting, data base and audit.

The secretary of administration and finance shall submit the appropriate changes in statute to establish the purchase of services administration in the fiscal year nineteen hundred and ninety-one house budget document.

SECTION 185. Notwithstanding any general or special law to the contrary, the division of watershed management of the metropolitan district commission may expend an amount not to exceed two hundred thousand dollars from item 2420-7882 for the fiscal year of nineteen ninety, for the purchase of equipment which is to be utilized for logging and other forestry related activities on the land under the care and control of said division.

SECTION 186. Notwithstanding any provision of law to the contrary, amounts appropriated in chapter two hundred and forty, chapter two hundred and eighty-seven and chapter three hundred and two of the acts of nineteen hundred and eighty-nine for any item of appropriation within the trial court except item 0332-0200 may be transferred to other items of appropriation within the trial court at the discretion of the chief administrative justice; provided that said chief administrative justice receive approval from the house and senate committees on ways and means before any such transfers.

SECTION 187. The department of public health shall bill the Medicare program established by Title XVIII of the Social Security Act for all patients cared for in hospitals operated by the department who have received or are eligible to receive a Medicare health insurance number. The department shall bill the Medicare program for all services provided to such patients since January first nineteen hundred and eighty-nine, the effective date of the Medicare Catastrophic Coverage Act of 1988, so-called (Public Law 100-360) as amended. The department shall make the billings required by this section within the time frame for billing services which are applicable to the Medicare program for the billing of patient care services.

By February first, nineteen hundred and ninety, the commissioner of public health shall issue a report to the house committee on ways and means and the senate committee on ways and means which shall provide the following information with respect to each hospital operated by the department:

(a) the number and percentage of patients billed to the Medicaid program prior to January first nineteen hundred and eighty-nine;

(b) the number and percentage of patients who by reason of age or disability are entitled to Medicare claim identification numbers;

(c) whether any of the individuals identified in subsection (b) are not entitled to Medicare benefits and the reasons therefor;

(d) whether any practice of the department of public welfare or department of public health has resulted in patients admitted to public health hospitals with or entitled to Medicare identification numbers, not being entitled to benefits under the Medicare program; and

(e) the cost savings and revenues which will be generated from the billings required by this section.

The department shall prior to December thirty-first nineteen hundred and eighty-nine file applications with the health care financing administration for each hospital to increase its Medicare payment rate.

SECTION 188. Notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws or any other general or special law to the contrary, the state treasurer shall assess the members of any mosquito control district for up to one hundred percent of the amount appropriated in section two of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine for expenditures on behalf of said district and for the cost of the state reclamation board.

SECTION 189. Notwithstanding any general or special law to the contrary, the office of the secretary of environmental affairs shall reimburse the inland fish and game fund all funds that have been previously assessed for the operations of the office during fiscal year nineteen hundred ninety. Said reimbursement shall not exceed one hundred and thirty-two thousand four hundred and thirty-four dollars and shall be paid on or before January first, nineteen hundred and ninety.

SECTION 190. The Massachusetts rehabilitation commission, in determining areas in which to decrease spending for fiscal year nineteen hundred and ninety, shall not decrease contracted payment for recreational services by more than fourteen percent.

SECTION 191. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety, the commissioner of banks is hereby authorized and directed to assess banks regulated by said division for the operation of said division, including not more than two hundred and twenty-one positions; provided, that the assessments required by this section shall be levied according to section two of chapter one hundred and sixty-seven of the General Laws.

SECTION 192. Notwithstanding the provisions of any general or special law to the contrary, no proceeds from bonds authorized by chapter six hundred and fifty-eight of the acts of nineteen hundred and eighty-six and no funds from any federal grants or any general or special appropriation shall be expended for the preparation of plans, studies or master plans, including environmental impact reports or cost estimates for design, construction, renovation, acquisition or purchase of land for the design, construction, renovation, acquisition or purchase of land for the purpose of establishing a correctional facility in the town of New Braintree.

SECTION 193. The department of environmental protection, hereinafter called the department, is hereby authorized to perform a study of permit fees. Said study shall examine a fee payment schedule, in addition to any existing fee schedules, for facility inspections, monitoring, and for the processing of applications for permits, licenses, and other approvals, and for other services performed by the department or any division thereof pursuant to sections twenty-six to thirty-four, inclusive, or sections thirty-five to fifty-three, inclusive, of chapter twenty-one; chapter twenty-one C; chapter twenty-one G; section five of chapter twenty-one H, chapter eighty-three; sections two B, two C, seventeen, thirty-one C and thirty-one D sections one hundred and forty-two A to one hundred and forty-two E, inclusive, section one hundred and fifty A, or section one hundred and fifty B of chapter one hundred and eleven; section forty of chapter one hundred and thirty-one; chapter one hundred and forty, or chapter one hundred and sixty-four. Said study shall include, but not be limited to a sliding fee schedule based on size of the project, impact on the environment, and amount and cost of work required of the department; a stipulation that the fee will be calculated at a specified rate based on anticipated work years of effort for projects of unusually large size or complexity; appropriate exemptions for types of projects or approvals where the fee would represent an undue financial hardship; and a filing fee for requesting an adjudicatory hearing.

The department shall perform said study in consultation with an advisory committee appointed by the commissioner and including without limitation representatives of industrial, small business, and commercial organizations, municipalities, and environmental organizations. The commissioner shall submit to the house and senate committees on ways and means and the joint committee on natural resources and agriculture a copy of said study and any accompanying legislation which would be necessary to implement said study's recommendations within sixty days of the passage of this act.

SECTION 194. Notwithstanding any general or special law to the contrary, the Massachusetts turnpike authority is hereby authorized and directed to reimburse the Highway Fund for all expenses of the department of public works for the removal of snow and ice from the roads and highways of the commonwealth, including the cost of sand, salt, and chemicals for the fiscal year ending June thirtieth, nineteen hundred and ninety and the fiscal year ending June thirtieth, nineteen hundred and ninety-one. The Massachusetts turnpike authority shall dedicate any revenues received from any toll increase effective after December first, nineteen hundred and eighty-nine for this reimbursement obligation; provided, that if the revenues from such toll increases are insufficient to defray the total cost of such reimbursement obligation, said authority is further authorized and directed to pay for such obligation from general revenues.

SECTION 195. Notwithstanding any other provision of law to the contrary, the chief justice of the appeals court, with the prior approval of the house and senate committees on ways and means, may transfer amounts appropriated in chapter two hundred and forty, chapter two hundred and eighty-seven and chapter three hundred and two of the acts of nineteen hundred and eighty-nine for any item of appropriation within the appeals court to other items of appropriation within the appeals court.

SECTION 196. The duties and obligations of the council on the arts and humanities and the Massachusetts arts lottery council are hereby transferred to, and assumed by, the Massachusetts cultural council, hereinafter referred to in this section as the council. All regulations, rulings, guidelines or determinations made by the Massachusetts arts lottery council, the council on the arts and humanities, and local or regional arts lottery councils prior to the effective date of this act shall continue in effect until they are subsequently altered, amended, modified or revoked by the council or local or regional arts lottery council as the case may be, and the council may establish, and from time to time issue or revise as necessary, such guidelines, rules, rulings or regulations as the council may deem necessary or desirable to interpret or carry out the purposes of sections fifty-two to fifty-eight, inclusive, of chapter ten of the General Laws, as inserted by this act. All duly existing contracts, leases or obligations of any kind of the Massachusetts arts lottery council or the council on the arts and humanities, including obligations under section thirty-six of chapter sixty-nine of the General Laws and section forty-two C of chapter seven of the General Laws shall be the obligation of the council and all such contracts, leases or obligations of a local or regional arts lottery council shall continue to be the obligation of such local or regional arts lottery council, notwithstanding any provision of this act to the contrary.

SECTION 197. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to enter into leases for housing units for the purposes of providing temporary shelter for up to ninety days to recipients of emergency assistance. The department of public welfare shall submit a plan for approval by the house and senate committees on ways and means by February first, nineteen hundred and ninety to implement an alternative temporary shelter program using leased housing units. Said plan shall include proposed regulations developed in conjunction with the executive office of communities and development to prevent competition with state and federal rental assistance programs yet limit allowable rents to reasonable levels. Said plan shall also include a detailed analysis of the projected number of participants, the number housed in each unit, their average length of stay, the services provided to them, and the relative costs or savings of said program.

SECTION 198. Notwithstanding the provisions of any general or special law to the contrary, actual capital spending by the Massachusetts bay transportation authority from state funds in fiscal year nineteen hundred and ninety-one shall not exceed three hundred million dollars.

SECTION 199. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts bay transportation authority shall achieve a revenue recovery ratio of income received by the authority, including revenues and receipts from operations, advertising, parking, sale of assets in the ordinary course of business and gifts and grants for current purposes, equal to thirty-three and one-third of the authority's annual operating budget exclusive of debt service and private carrier subsidies.

SECTION 200. The Massachusetts bay transportation authority shall implement the provisions of section seventeen of chapter five hundred and eighty-one of the acts of nineteen hundred and eighty and section two D of chapter two hundred and six of the acts of nineteen hundred and eighty-six.

The general manager of the Massachusetts bay transportation authority shall present a plan to the secretary of administration and finance and to the house and senate committees on ways and means, within sixty days of the passage of this act, detailing how the authority will implement the provisions of said section seventeen of said chapter five hundred and eighty-one and said section two D of said chapter two hundred and six.

The secretary of administration and finance shall incorporate within the governor's budget proposal for fiscal year nineteen hundred and ninety-one a funding request for the Massachusetts bay transportation authority to implement the provisions of said section seventeen of said chapter five hundred and eighty-one and said section two D of said chapter two hundred and six.

SECTION 201. There is hereby established a general obligation debt restructuring committee, consisting of six members who shall be appointed by the governor; of whom one member shall be a senior manager of a commercial or savings bank with experience in the field of public finance; one of whom shall have expert knowledge of the field of investment of funds; one of whom shall be a chief financial officer of a major Massachusetts' corporation; one of whom shall have expert knowledge in the field of bond insurance; one of whom shall be the chairman of the finance advisory board; and one of whom shall be a member of the Massachusetts' Bar Association with expert knowledge in the field of public financing. The governor shall designate one member as chairman. Members of the committee shall serve without compensation but shall be paid the necessary expenses incurred in the performance of their duties.

It is the responsibility of said committee to review the commonwealth's current debt-financing methods, including but not limited to the authorized but unissued debt being carried by the commonwealth, and to formulate a ten year plan for long-term debt management. In making its determinations, the committee shall consider the cost effectiveness of restructuring bonds and notes of the commonwealth, to which the full faith and credit of the commonwealth is pledged, with innovative revenue bond methods employed in other states and in the private sector. The committee shall also consider the capital needs of the commonwealth and its agencies, the criteria used by rating agencies to evaluate the state's bonds, and other factors necessary in developing restructuring methods.

Notwithstanding the provisions of any general or special law to the contrary, on or before June thirtieth, nineteen hundred and ninety the committee shall file a report with the house and senate committees on ways and means, the secretary of administration and finance, the state treasurer, and the finance advisory board.

SECTION 202. The governor is hereby directed to make further reductions in the amounts authorized to be expended by state agencies. Said reductions shall be not less than thirty million dollars in the aggregate and shall be in addition to those reductions authorized in section two of this act. The governor shall, within thirty days of the effective date of this act, submit a plan to the house and senate ways and means committees which contains the amounts to be reduced by line item and the total amount of said reductions.

SECTION 203. The comptroller is hereby directed to fully utilize any and all authority which has been granted to the office of the comptroller for the collection of non-tax revenues in order to achieve a total collection of sixty million dollars in fiscal year nineteen hundred and ninety. The comptroller shall report to the house and senate committees on ways and means within sixty days of the effective date of this act on the implementation of section ninety of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine and on the implementation of other authorized measures to collect non-tax revenues.

SECTION 204. The governor is hereby directed to carry out the reorganization of the executive office of energy resources. Said reorganization shall be done in accordance with any applicable provisions of this act and shall be completed on or before February first, nineteen hundred and ninety.

SECTION 205. As a method of providing medical care and assistance to its recipients, the department of public welfare is authorized to establish a health maintenance organization; provided, that said health maintenance organization shall be operated in accordance with applicable federal and state law; and, provided further, that said health maintenance organization shall have all of the rights and duties enumerated in chapter one hundred and seventy-six G of the General Laws and the rights and duties found in section fifty-nine A of chapter six A of the General Laws.

SECTION 206. Notwithstanding the provisions of any general or special law to the contrary there will be established a mechanism of systematic review of the need for and public benefit derived from boards, commissions and councils and agencies.

Unless a different meaning is required by the context or is specifically prescribed, "sunset review" shall have the following meaning: the systematic evaluation of any agency by the committee of the legislature having jurisdiction over the agency, with the assistance of the appropriate departments or agencies of government, the purpose of which shall be to determine whether those objectives which gave rise to the creation of the agency continue to justify its existence and if so to determine the operational level of said agency.

The committee on state administration shall recommend rules and regulations under which sunset reviews will be conducted and such rules shall be adopted pursuant to a joint order of the legislature.

In conducting a sunset review, the legislative committee shall file a report of its findings and any proposed legislation with the clerks of the senate and the house of representatives.

SECTION 207. No person who has been convicted and incarcerated in a house of correction or a state prison facility shall be eligible for or receive any benefits pursuant to chapter one hundred and seventeen of the General Laws during the period that said person is incarcerated.

SECTION 208. The Massachusetts Water Resources Authority, hereinafter referred to as the Authority, shall reimburse the commonwealth for all amounts outstanding due pursuant to subparagraphs (b) and (c) of section five of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four. Said amounts are to be repaid and credited on the books of the commonwealth no later than February twenty-eighth, nineteen hundred and ninety. The treasurer shall report, on or before March fifteenth, nineteen hundred and ninety, to the senate and house committees on ways and means the status of all actions taken pursuant to this section.

SECTION 209. In establishing rates of payment under section thirty-two of chapter six A of the General Laws, the rate setting commission shall control rate increases and shall impose such methods and standards as are necessary to ensure efficient and cost-effective delivery of services. Such methods and standards may include, without limitation, the following: peer group cost analyses, ceilings on capital and operating costs, productivity standards, caps or other limitations on the utilization of temporary nursing or other personnel services, use of national or regional indices to measure increases or decreases in reasonable costs, and other means to encourage the cost-efficient delivery of services. Rates produced using any or all of these methods and standards shall be in conformance with Title XIX of the federal Social Security Act, including the upper limit on provider payments.

SECTION 210. Notwithstanding the provisions of any general or special law to the contrary, in setting prospective rates of reimbursement for rest homes, nursing homes and convalescent homes the rate setting commission shall determine and certify such rates to the secretary of state only after a desk audit has been performed by commission staff. If no desk audit has been performed by the date on which the rate is to be proposed to the commission at its business meeting, the rate proposed shall be the rate determined by commission staff less three percent. Such rate shall remain in effect for a period not to exceed ninety days and shall be superseded within such period by a rate reflecting costs as adjusted, if necessary, to reflect desk audit findings.

SECTION 211. Effective March first, nineteen hundred and ninety, the rate setting commission shall establish administrative necessary day payment rates for medical assistance recipients in acute care hospitals. Such rates of payment shall be fair, adequate, and reasonable and shall meet the cost of providing care to administrative necessary day patients. Said administrative necessary day payment shall be the department's full payment obligation for administrative necessary day patients.

SECTION 212. Notwithstanding the provisions of any general or special law to the contrary, in setting prospective rates of reimbursement for rest homes, nursing homes, and convalescent homes the rate setting commission shall eliminate the "look-back" inflation factor, so-called.

SECTION 213. Notwithstanding the provisions of any general or special law to the contrary, in setting prospective rates of reimbursement for rest homes, nursing homes, and convalescent homes, the rate setting commission is hereby authorized to use the most recent, fully audited base year available.

SECTION 214. The department of public welfare shall establish a pilot managed care project to be implemented by July first, nineteen hundred and ninety, subject to approval of the federal health care financing administration. For the purposes of said pilot project the department shall establish a program of primary and supplemental medical care equivalent to those offered by private health maintenance organizations with an emphasis on preventive health measures. The department shall designate an area of the Commonwealth within which recipients of medical assistance under said chapter 118E shall be required to participate in said pilot project. The department shall establish procedures to grant waivers to individuals who require services not offered by providers in said project. The department shall establish copayments in an amount and manner consistent with the provisions of Title XIX on services rendered to participants by providers with which the department has not negotiated contracts. The department shall submit a report to the house and senate committees on ways and means on or before June thirtieth, nineteen hundred and ninety-one, on said pilot project detailing the quality of care provided, the number and category of recipients, the number of waivers granted, the impact of such copayments, the average cost per case, an analysis of the relative costs or savings, and recommendations for future managed care programs.

SECTION 215. Notwithstanding any general or special law to the contrary, applicants for benefits under the 707 Rental Assistance Program who have been residents of the commonwealth for the previous six months prior to application shall be given priority status over individuals who have lived within the commonwealth for less than six months.

SECTION 216. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized and directed to establish a plan to transfer all chronic ventilator-dependent patients participating in the medical assistance program from acute care hospitals to chronic care hospitals or skilled nursing homes whenever possible. Said plans shall be filed with the house and senate committees on ways and means no later than April fifteenth, nineteen hundred and ninety.

SECTION 217. The provisions of section seventy-seven A of chapter twenty-three of the acts of nineteen hundred and eighty-eight shall not apply to the provisions of the third paragraph of section fourteen of chapter thirty-two A of the General Laws.

SECTION 218. The provisions of section seventy-seven A of chapter twenty-three of the acts of nineteen hundred and eighty-eight shall not apply to the provisions of the third paragraph of section sixteen of chapter thirty-two B of the General Laws. Notwithstanding the provisions of said third paragraph of section sixteen of chapter thirty-two of the General Laws, the percent contribution to the total monthly premium cost or rate for coverage under said section sixteen for any employees of any governmental unit where such percent contribution is determined by a collective bargaining agreement as of the effective date of this act shall not be altered until the expiration date of said collective bargaining agreement, unless the parties to said agreement agree otherwise, and in no event shall the provisions of said section sixteen be construed to require any governmental unit to reduce the percent share contributed to such coverage by its employees below the percent share contributed as of the effective date of this section until such time as a different percent contribution is in fact determined by a collective bargaining agreement and such collective bargaining agreement becomes effective.

SECTION 219. The joint committee on human services and elderly affairs is hereby authorized and directed to conduct a study in consultation with the department of correction, the several sheriffs departments of the commonwealth and any other agencies to develop a report regarding an inmate discipline and development program for "youthful offenders" sentenced to incarceration by the courts and so classified by the department of correction. Said programs may include, but shall not be limited to, marching drills, physical training with obstacle courses, calisthenics, dress codes, manual labor assignments, training in decision making and personal development, vocational and academic training, drug and alcohol abuse and problem gambling counseling, and rehabilitation programs, with rules requiring program participation to complete a structured disciplinary program and allowances for restriction on general inmate population privileges.

The stated purpose of the program shall be to divert youthful offenders from long periods of incarceration when shorter, more rigidly structured and rigidly disciplined periods of incarceration could produce the same or better deterrent and rehabilitative effects with a lesser demand on resources.

The study and report shall be completed by the committee within one year of the enactment of this act, or no later than the first Wednesday of December in the year nineteen hundred and ninety, and shall together therewith include recommendations, to include, if needed, legislative recommendations.

SECTION 220. The chancellor of the board of regents shall develop a plan regarding centralization of administration of public colleges and universities. Said plan shall make recommendations for centralization of administrative functions, including but not limited to, payroll, purchasing, accounting and auditing. Said plan shall be filed, within sixty days of the effective date of this act, with the secretary of administration and finance and with the senate and house committees on ways and means and the special commission established by section seven of chapter seventy of the acts of nineteen hundred and eighty-nine. Said plan shall not be implemented until it is approved by vote of the general court and signed into law by the governor.

SECTION 221. The secretary of human services is hereby authorized and directed to conduct a study relative to the feasibility of coordinating and consolidating prisoner transportation activities carried out by the department of correction and the county sheriffs. Said report shall be filed within sixty days of the effective date of this act with the secretary of administration and finance and with the senate and house committees on ways and means.

SECTION 222. The commissioner of revenue shall conduct a study of the administrative process for the establishment, enforcement and modifications of child support obligations including the establishment of paternity in the commonwealth. The commissioner shall review the manner in which child support obligations are now established, enforced and modified in the commonwealth and shall also review the procedures in use in other states and jurisdictions. The commissioner shall examine administrative procedures for establishing, enforcing and modifying child support obligations in those states with such procedures.

In conducting the study, the commissioner may consult with any person either within or without the commonwealth who is knowledgeable about child support enforcement and the methods of establishing, enforcing and modifying child support obligations. The commissioner shall consult with the chief justice of the trial court of the commonwealth and may consult with any of the following persons: the chief justices of each trial court department with jurisdiction over child support matters and justices of the trial court who have experience with child support and domestic relations matters; members of the general court; the regional administrator of the family support administration of the department of health and human services; the secretary of the executive office of human services and the commissioners of the departments within the secretariat which provide public assistance; directors of child support enforcement programs in other states; the commissioner of probation and probation officers with experience in child support matters; the registers of probate and assistant registers of probate and family court; the clerk-magistrates and assistant clerks of the district, Boston municipal and juvenile courts, district attorneys of the commonwealth; members of the bar of the commonwealth who are experienced in family law and child support matters, including legal services organizations, organized bar associations and professors or instructors of law; and individuals affected by the child support enforcement program, including custodial parents, noncustodial parents and adults who grew up as children of single parents. The commissioner shall report the results of such study, together with the legislative recommendations, if any, to the governor and to the clerks of the house of representatives and the senate by March first, nineteen hundred and ninety.

SECTION 223. There shall be created by appointment of the governor, the president of the senate, and the speaker of the house of representatives, a study commission relative to health care finance and delivery reform for the purpose of developing recommendations relative to establishing a system of hospital and health care financing to succeed the system now in effect pursuant to section twenty of chapter twenty-three of the acts of nineteen hundred and eighty-eight.

Appointments to said commission shall be made as follows: by the governor, a representative from the administration as well as a representative from each of the following: Blue Cross and Blue Shield of Massachusetts, the Massachusetts Hospital Association, the Massachusetts commercial insurance industry, the Massachusetts health maintenance organization industry, and the Massachusetts business community. The governor shall also appoint a health care consumer and a health economist affiliated with a Massachusetts school of public health.

The president of the senate shall appoint three members of the senate to said commission, provided that no more than two members shall be of the same party. The speaker of the house shall appoint three members of the house of representatives to said commission, provided that no more than two members shall be of the same party.

All appointments shall be made no later than February first, nineteen hundred and ninety.

Said commission shall be charged with examining all options for establishing a comprehensive system of payment for services rendered by hospitals and other health care providers in the commonwealth. Said study shall include, as a minimum, examination of the continuation of hospital rate regulation, of deregulation of the hospital industry, and of the establishment of a single payor system. Based on its charge, said commission shall make recommendations in the form of legislation to the governor and the clerk of the senate and the clerk of the house of representatives for adoption of a system of hospital payment to go into effect immediately upon the expiration of section twenty of chapter twenty-three of the acts of nineteen hundred and eighty-eight. Said recommendations shall be filed with the governor and the clerks of both branches of the legislature no later than January first, nineteen hundred and ninety-one.

SECTION 224. The commissioner of insurance is hereby authorized and directed to conduct a study of the liability insurance costs of the Massachusetts Bay Transportation Authority. Said study shall assess the feasibility of alternative insurance arrangements for said Massachusetts Bay Transportation Authority, including the adoption by said authority of a self-insurance program. Said Massachusetts Bay Transportation Authority shall make available to said commissioner all data necessary to complete said study. Said commissioner shall report to the house of representatives the results of his study, and his recommendations, if any, together with drafts of legislation necessary to carry his recommendations into effect, by filing the same with the clerk of the house of representatives on or before March first, nineteen hundred and ninety, who shall forward the same to the house and senate committees on ways and means.

SECTION 225. The secretary of administration and finance is hereby authorized and directed to develop a plan to reduce the expenditures by agencies of the commonwealth for overtime by ten percent. Said plan shall be filed with the house and senate committees on ways and means on or before February first, nineteen hundred and ninety.

SECTION 226. The executive office of human services, in consultation with the department of education, the board of regents, the executive office of economic affairs, and the executive office of communities and development, shall conduct a study of the costs and benefits of state and local services used by residents of the commonwealth who neither are citizens of the United States nor reside permanently in the United States under color of law. Said study shall include, but shall not be limited to, the following issues: the nature and extent of utilization of such services by residents in the various categories of immigration status; the costs of such services to state and local governments; the employment status of residents utilizing such services; the labor market contributions of such residents; the state and local taxes paid by such residents; the extent to which the provision of such services is required or prohibited by federal statutes and case law; the costs and administrative issues involved in implementing additional inquiries regarding immigration status; and the necessity of measures to combat potential racial discrimination against United States citizens and legal residents which may result from the need to make such inquiries. Said study shall be conducted in compliance with the provisions of chapter sixty-six A of the General Laws. The results of said study, together with any recommendations for further legislation, shall be reported to the clerks of the house and senate and to the house and senate committees on ways and means no later than February twenty-eighth, nineteen hundred and ninety.

SECTION 227. There is established a special commission to consist of a member of the house committee on ways and means, a member of the senate committee on ways and means, the commissioner of administration, or his designee, the commissioner of education, a representative of the Massachusetts Industrial Finance Agency, a representative of the banking community, a representative of the Massachusetts Collectors and Treasurers Association, a representative of the Massachusetts Municipal Association, a representative of the Association of School Committees, a bond counsel, and the state auditor.

Said commission shall make an investigation and study relative to the finance of school projects under chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended, and shall determine methods to minimize financing costs through a study of the plans or structures for issuing debt, including principal amortization, interest rates, premiums, fees or charges for credit or liquidity enhancement facilities or services, and maturity terms; and shall study methods to minimize financing costs through refunding or advance refunding of outstanding debt.

Said committee shall report the results of its investigation and study together with drafts of legislation necessary to carry out its recommendation, if any, by filing the same with the clerk of the house and senate not later than January thirty-first, nineteen hundred and ninety.

SECTION 228. The supreme judicial court is hereby respectfully requested to conduct a thorough study and evaluation of the activities of the committee for public counsel services and to report the results of such study to the house and senate committees on ways and means and to the joint committee on the judiciary as promptly as possible in order to assist the general court in implementing appropriate statutory and budgetary changes to improve the efficiency, effectiveness, budgetary control and predictability of expenditures of said committee in fiscal year nineteen hundred and ninety-one. The general court seeks information and the recommendations of the court concerning issues which include but are not limited to the following: the reasons for recent increases in the expenditures of said committee for public counsel services and for the difficulties experienced by said committee in anticipating and planning for such increases; the application of the current definition of "indigency" set forth in Rule 3.10 of the Rules of the Supreme Judicial Court for purposes of assigning counsel and the advisability of changing such definition or the procedures for applying it; the cost-effectiveness of the current division of responsibility between the public and private counsel divisions of said committee; the procedures for the payment of compensation to private counsel appointed through the private counsel division of said committee, and the advisability of providing remedies for attorneys aggrieved by the amount of payment and of requiring certification by the justice of the trial court who hears a particular matter of invoices for services of private counsel in that matter; and the possibility of changes in the operations of said committee so as to reduce or better predict the rate of increase in expenditures while ensuring that the right to counsel remains protected.

SECTION 229. The division of local services in the department of revenue is hereby authorized and directed to undertake a study of the revenues produced by the enactment of chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine. In particular, the division's study is to determine the amount of revenues produced by said enactment, and to address the question of whether those revenues, in conjunction with other revenues that the counties may receive, are adequate in covering the costs of operating and maintaining the various county correctional facilities throughout the commonwealth. Within ninety days of the effective date of this act, a report of said study shall be submitted to the clerks of the house and senate, who shall refer them to the house and senate committees on ways and means.

SECTION 230. The general manager of the Massachusetts bay transportation authority is hereby authorized and directed to initiate a study of the financing mechanisms of said authority, including a recommendation on possible expansion of the member district to include all those communities currently serviced by the authority, an evaluation of municipal assessments and contributions, and a review of ways to recalculate the assessment formula in the event the member district were to be expanded. Said general manager shall file said study, together with recommendations for legislation, if any, with the house and senate committees on ways and means by April first, nineteen hundred and ninety.

SECTION 231. There is hereby established a special commission to consist of three members of the senate, five members of the house of representatives, either the commissioner of labor and industries or the secretary of the executive office of labor, the secretary of the executive office of economic affairs, the secretary of the executive office of consumer affairs, the commissioner of the department of industrial accidents, the chairman of the rate setting commission, a representative from the American Federation of Labor/Congress of Industrial Organizations (AFL/CIO), a representative from Associated Industries of Massachusetts and a representative from the American Insurance Association. The special commission shall examine the current workers compensation system in Massachusetts, including, but not limited to, an examination of the impact of the system on the commonwealth or any of its political subdivisions, the impact of the system on businesses located in Massachusetts and the current caseload and backlog at the department of industrial accidents.

Said commission shall also examine the management systems in place at the department and whether those systems insure the timely and efficient disposition of cases and the administration and expense of health care in the workers compensation system and whether a system of managed health care would provide better care in a more efficient manner. Said commission shall also examine different management systems and administrative controls which, if implemented, could produce savings in the cost of the workers compensation system to the commonwealth.

Said commission shall file its report together with any recommendations for legislation with the clerks of the house of representatives and the senate on or before April first, nineteen hundred and ninety.

SECTION 232. Notwithstanding any general or special law to the contrary, there shall be a special five member advisory commission on revenue estimates to be established to prepare estimates of total state revenue collections for the fiscal years beginning July first, nineteen hundred and eighty-nine and July first, nineteen hundred and ninety. One member shall be appointed by the governor, one member by the state treasurer, one member by the senate president, one member by the speaker of the house, and one member appointed jointly by the house and senate minority leaders; of whom one member shall be a senior economist of a leading financial services firm; one shall be a senior manager of a econometric modeling firm with experience in the field of taxation; one shall be a professor of public finance; one shall be a senior manager of a bank with experience in the field of public finance and one shall be a senior economist of the Boston Federal Reserve Bank. All members shall be acknowledged experts in the Massachusetts economy. Each member shall be appointed within ten days of the effective date of this act.

The commission shall prepare a report on fiscal year ninety and fiscal year ninety-one tax revenue collection predictions and shall file said report with the house and senate clerks, no later than March fifteenth, nineteen hundred and ninety. Members of the commission shall serve without compensation but shall be paid their necessary expenses incurred in the performance of their duties.

SECTION 233. The secretary of the executive office of consumer affairs and business regulation, in consultation with the Massachusetts medical society, shall submit to the house and senate committees on ways and means, not later than March first, nineteen hundred and ninety, a plan that provides for the conduct of such chapter thirty A hearings as required under section five of chapter one hundred and twelve before impartial hearing officers from the division of administrative law appeals. Said plan shall include, but not be limited to, consideration of the supervision, training, experience and transfer of personnel and expenditures necessary to implement the plan, the effects of said plan on current and pending chapter thirty A hearings, and the use of such hearing officers for chapter thirty A hearings initiated by the board. The conduct of such chapter thirty A hearings by the division of administrative law appeals shall commence not later than July first, nineteen hundred and ninety.

SECTION 234. The director of the division of environmental law enforcement within the department of fisheries, wildlife and environmental law enforcement is hereby authorized and directed to promulgate rules and regulations to implement section thirty-six of chapter ninety B of the General Laws. Said regulations shall be completed and implemented by the first of May, nineteen hundred and ninety.

SECTION 235. Notwithstanding the provisions of section three hundred and twenty-three D of chapter ninety-four of the General Laws, a portion of amounts collected by the commissioner of revenue pursuant to said section three hundred and twenty-three D, on account of periods specified by this paragraph, shall be deposited in the Clean Environment Fund, established pursuant to section three hundred and twenty-three F of said chapter ninety-four. Said portion shall equal: ten percent in the period beginning January first, nineteen hundred and ninety and ending June thirtieth, nineteen hundred and ninety; twenty percent in the fiscal year beginning July first, nineteen hundred and ninety; forty percent in the fiscal year beginning July first, nineteen hundred and ninety-one; sixty percent in the fiscal year beginning July first, nineteen hundred and ninety-two; eighty percent in the fiscal year beginning July first, nineteen hundred and ninety-three; and one hundred percent in fiscal years beginning on or after July first, nineteen hundred and ninety-four. Amounts not deposited in the Clean Environment Fund shall be deposited in the General Fund.

Prior to the close of any fiscal year beginning on or after July first, nineteen hundred and eighty-nine, the Comptroller and the Secretary of Environmental Affairs shall certify the amount of expenditures made pursuant to paragraphs (a) to (f), inclusive, of said section three hundred and twenty-three F of said chapter ninety-four, and the Comptroller shall charge such expenditures to the Clean Environment Fund.

SECTION 236. The reports required pursuant to section three hundred and twenty-three B of chapter ninety-four of the General Laws, and payments required pursuant to section three hundred and twenty-three D of said chapter ninety-four, for amounts due to the commonwealth on account of months ending prior to the promulgation of regulations by the commissioner of revenue shall be due on the tenth day of the first month following such promulgation.

For periods ending on or after January first, nineteen hundred and ninety, no further monthly deposits shall be required pursuant to the provisions of paragraph (g) of section three hundred and twenty-three of said chapter ninety-four.

SECTION 237. Each bottler or distributor who is subject to the provisions of paragraph (c), (d) or (e) of section three hundred and twenty-three of chapter ninety-four of the General Laws shall establish a deposit transaction fund pursuant to the provisions of paragraph (h) of said section three hundred and twenty-three of said chapter ninety-four as of January first, nineteen hundred and ninety, and as of said date shall deposit in said account, except as may be provided hereinafter, an amount equal to the total amount of refund values received by said bottler or distributor for non-reusable beverage containers during the preceding three months, which amount may at the bottler's or distributor's option be transferred from the fund maintained by said bottler or distributor pursuant to paragraph (g) of said section three hundred and twenty-three.

The commissioner of revenue shall include in the rules and regulations to be promulgated pursuant to section three hundred and twenty-six of said chapter ninety-four a provision to permit bottlers or distributors to place in the deposit transaction fund as of January first, nineteen hundred and ninety, an amount less than the full amount required by paragraph (h) of section three hundred and twenty-three and to gradually achieve full funding of the deposit transaction fund over a period not to exceed five years.

SECTION 238. The provisions of section forty-six of this act shall apply to excises that remain unpaid or that become due and payable on or after the effective date of this section.

SECTION 239. The provisions of section one hundred and thirty-four and section thirty-one of this act shall take effect as of June thirtieth, nineteen hundred and eighty-nine; provided, that for the purposes of applying the provisions of said section thirty-one to the fiscal year ending June thirtieth, nineteen hundred and eighty-nine, the commonwealth is hereby authorized to charge to the funds of the commonwealth in said year an amount not to exceed forty-two million dollars in addition to funds previously authorized for said purpose.

SECTION 240. Sections one to four, inclusive, of this act shall take effect as of July first, nineteen hundred and eighty-nine.

SECTION 241. Sections fourteen, fifteen, sixteen, one hundred and six and one hundred and ninety-six of this act shall take effect on January first, nineteen hundred and ninety.

SECTION 242. Sections thirty-six, thirty-seven and one hundred fifty-six of this act shall take effect on July first, nineteen hundred and ninety.

SECTION 243. The provisions of sections forty and forty-one of this act shall apply to property taxes assessed for fiscal years beginning on or after July first, nineteen hundred and ninety.

SECTION 244. Section one hundred and one of this act shall take effect on April first, nineteen hundred and ninety-one.

SECTION 245. The provisions of sections forty-three, forty-four, forty-five, forty-seven, forty-eight, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-two, sixty-three, and ninety-five of this act shall take effect on January first, nineteen hundred and ninety for the registration year starting January first, nineteen hundred and ninety-one.

SECTION 246. The remaining sections of this act, except as otherwise provided, shall take effect upon its passage.