Session Laws

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

SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions, of sundry other services, and for certain permanent improvements, and to meet certain requirements of law, the sums set forth in sections two, two A, and two B, for the several purposes and subject to the conditions specified in said sections two, two A, two B and three, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June thirtieth, nineteen hundred and ninety-two, in this act referred to as the year nineteen hundred and ninety-two, or for such period as may be designated. No department, commission, agency or institution which is authorized by section two to retain and expend specified amounts of certain revenue for particular purposes may expend any amount of such retained revenue for the compensation of employees unless said section two specifically provides otherwise.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-two are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two, two A and two B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section twelve of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `tuc FY 1992 Revenue by Source and Budgetary Fund (in millions) `tcol(*)=7;c1=1,26,tu;c2=28,8,tur;c3=38,7,tur;c4=47,7,tur;c5=56,7,tur;c6=65,7,tur;c7=74,5,tur `tch `ts `tc1 *All * General* Highway* Local Aid**Other Source*Funds*Fund*Fund*Fund**Funds `tc1=1,78,tu;temp `tch;end `tc1 Alcoholic Beverages*60.0*60.0**** Commercial Banks*24.0*24.0**** Savings Institutions*25.0*25.0**** Cigarette*138.0*138.0**** Corporations*431.5*343.5**88.0** Deeds*22.0*22.0**** Estate/Inheritance*230.0*230.0**** Income*4,819.0*2,615.0**1,927.6**276.4 Insurance*230.0*230.0**** Motor Fuels*479.6*64.8*414.2***0.6 Utilities*51.0*51.0**** Room Occupancy*52.0*33.8****18.2 Sales & Use: Regular*1,262.0*757.2**504.8** Sales & Use: Meals*260.0*156.0**104.0** Sales & Use: Motor Vehicle*166.0*99.6**66.4** Misc. Dept.*2.0*2.0**** Racing*27.0*27.0**** Beano*4.0*4.0**** Raffles/Bazaar*1.2*1.2**** `ts Div of Insurance*7.2*7.2**** `tc1=1,78,tu;temp `tc1 Total Taxes*8,291.5*4,891.3*414.2*2,690.8**295.2 Federal Reimbursements*2,310.8*2,299.4*10.2***1.2 Departmental Revenue*1,357.2*1,011.1*321.6*2.4**22.1 Retained/Restricted Revenue*645.3*287.9*4.2*343.1**10.1 `ts Transfers*382.6*167.0**215.6** `tc1=1,78,tu;temp `tc1 Total for Budget*12,987.4*8,656.8*750.2*3,251.9**328.6 `tcol;end

SECTION 1B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of nontax revenues by each department, board, commission or institution, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section twelve of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `t+1 `tuc Nontax Revenue Executive Office Summary `t+1 `tcol(*)=4;c1=1,31,tu;c2=35,13,tur;c3=51,11,tur;c4=65,13,tur `tch `ts `tc1 *FY92 *FY92 *FY92 * Unrestricted* Restricted*Total Secretariat* Non-Tax*Non-Tax *Non-Tax `tc1=1,78,tu;temp `tch;end `tc1 Judiciary*46,009,885*20,000,000*66,009,885 District Attorneys*8,393,190*3,470,540*11,863,730 Executive*2,500**2,500 Secretary of State*25,747,406**25,747,406 Treasurer*527,943,304*317,770,000*845,713,304 State Auditor*27,357**27,357 Attorney General*4,380,917*253,972*4,634,889 State Ethics Commission*20,534**20,534 Inspector General*565**565 Administration and Finance*460,310,802*10,642,902*470,953,704 Environmental Affairs*42,708,272*10,756,425*53,464,697 Communities and Development*125,000*400,000*525,000 Health and Human Services*2,333,052,390*190,698,380*2,523,750,770 Transportation and Construction*67,517,284*348,922*67,866,206 Board of Library Commissioners*856**856 Education*112,822,395*57,036,000*169,858,395 Public Safety*336,669,494*24,857,257*361,526,751 Economic Affairs*17,208,046**17,208,046 Elder Affairs*30,000*7,500,000*7,530,000 Consumer Affairs*52,597,870*1,596,000*54,193,870 Labor*14,556,951**14,556,951 `ts Legislature*483,618**483,618 `tc1=1,78,tu;temp `tc1 Total, Non-Tax*4,050,608,636*645,330,398*4,695,939,034 `tcol;end `t+1

SECTION 1B. `tuc Nontax Revenue Executive Office By Department Summary `t+1 `tcol(*)=4;c1=1,31,tu;c2=35,13,tur;c3=51,11,tur;c4=65,13,tur `tch `ts `tc1 *FY92 *FY92 * * Unrestricted* Restricted*Total * Non-Tax*Non-Tax *Non-Tax `tc1=1,78,tu;temp `tch;end `tc1 Judiciary*** Supreme Judicial Court*2,270,000**2,270,000 Appeals Court*270,133**270,133 Trial Court*43,469,752*20,000,000*63,469,752 Total, Judiciary*46,009,885*20,000,000*66,009,885 `t+1 `tc1 District Attorneys*** District Attorneys*8,393,190*3,470,540*11,863,730 Total, District Attorneys*8,393,190*3,470,540*11,863,730 `t+1 `tc1 Executive*** Governor's Office*2,500**2,500 Total, Executive*2,500**2,500 `t+1 `tc1 Secretary of the Commonwealth*** Secretary's Office*25,747,406**25,747,406 Total, Sec'ty of the Comm.*24,499,406**25,747,406 `t+1 `tc1 Treasurer and Receiver General*** Office of the Treasurer*242,995,415*5,200,000*248,195,415 Lottery Commission*284,947,889*312,570,000*597,517,889 Total, Treas and Rec'r Gen*527,943,304*317,770,000*845,713,304 `t+1 `tc1 State Auditor*** State Auditor's Office*27,357**27,357 Total, State Auditor*27,357**27,357 `t+1 `tc1 Attorney General*** Attorney General's Office*4,380,917*253,972*4,634,889 Total, Attorney General*4,380,917*253,972*4,634,889 `t+1 `tc1 State Ethics Commission*** State Ethics Commission*20,534**20,534 Total, State Ethics Commission*20,534**20,534 `tc1 Inspector General*** Inspector General*565**565 Total, Inspector General*565**565 `t+1 `tc1 Administration and Finance*** Administrative Law Appeals*95,000**95,000 George Fingold Library*7,000**7,000 Fiscal Affairs Division*36,704,928**36,704,928 Div. Cap Planning & Operations*19,015,192**19,015,192 Dept. of Employment Admin*92,690,591**92,690,591 Administration and Finance*250,191,666*10,642,902*260,834,568 Management Information Systems*3,000**3,000 Council on Arts & Humanities*1,169**1,169 Office of Handicapped Affairs*80,000**80,000 Department of Revenue*59,895,933**59,895,933 Civil Service Commission*436**436 Procurement/General Services*212,000**212,000 Appellate Tax Board*1,411,887**1,411,887 Office of the Comptroller*2,000**2,000 Total, Administration and Finance*460,310,802*10,642,902*470,953,704 `t+1 `tc1 Environmental Affairs*** Environ Quality Engineering*17,456,987*8,521,425*25,978,412 Fisheries and Wildlife*11,974,402*2,065,000*14,039,402 Dept of Food & Agriculture*1,644,036**1,644,036 Environmental Management*11,520,596**11,520,596 Environmental Affairs*112,251*170,000*282,251 Total, Environmental Affairs*42,708,272*10,756,425*53,464,697 `t+1 `tc1 Communities and Development*** Exec. Office Communities & Dev*125,000*400,000*525,000 Total, Communities and Development*125,000*400,000*525,000 `t+1 `tc1 Human Services*** Rate Setting Commission*10,460,000**10,460,000 Commission for the Blind*41,788,065*740,000*42,528,065 Rehabilitation Commission*19,721**19,721 Office for Children*50,000*960,000*1,010,000 Exec. Off. Health & Human Serv**6,000,000*6,000,000 Veterans' Services*300**300 Dept of Youth Services*3,043,200**3,043,200 Dept of Public Welfare*1,916,722,405*110,000,000*2,026,722,405 Dept of Public Health*9,975,923*62,321,188*72,297,111 Dept of Social Services*107,725,550**107,725,550 Dept of Mental Health*24,170,939**24,170,939 Dept of Mental Retardation*206,853,485*9,605,992*216,459,477 Comm Deaf & Hard of Hearing*404,200*71,200*475,400 Soldiers' Homes*11,838,602*1,000,000*12,838,602 Total, Human Services*2,333,052,390*190,698,380*2,523,750,770 `t+1 `tc1 Transportation and Construction*** Mass. Aeronautics Commission*57,927*320,573*378,500 Department of Public Works*67,023,545**67,023,545 Exec. Off. Trans & Const.*435,812*28,349*464,161 Total, Trans and Construction*67,517,284*348,922*67,866,206 `t+1 `tc1 Libraries*** Board of Library Commissioners*856**856 Total, Libraries*856**856 `t+1 `tc1 Education*** Higher Education*107,975,395*57,036,000*165,011,395 Elementary, Sec'dy & Occup*4,847,000**4,847,000 Total, Education*112,822,395*57,036,000*169,858,395 `t+1 `tc1 Public Safety*** Exec. Office Public Safety*4,211,781*12,103,000*16,314,781 Dept of Police*18,020,400*700,000*18,720,400 Dept of Public Safety*1,253,550**1,253,550 Registry of Motor Vehicles*310,801,900*11,604,257*322,406,157 Military Division*17,669*50,000*67,669 Civil Defense Agency*453,794*250,000*703,794 Governor's Highway Safety Bureau**150,000*150,000 Criminal Justice Training Council*400**400 Fire Fighting Academy*1,910,000**1,910,000 Total, Public Safety*336,669,494*24,857,257*361,526,751 `t+1 `tc1 Economic Affairs*** Banking, Energy, & Other*15,205,240**15,205,240 Executive Office Economic Affairs*2,000,000**2,000,000 Dept of Employment & Training*2,806**2,806 Total, Economic Affairs*17,208,046**17,208,046 `t+1 `tc1 Elder Affairs*** Executive Office Elder Affairs*30,000*7,500,000*7,530,000 Total, Elder Affairs*30,000*7,500,000*7,530,000 `t+1 `tc1 Consumer Affairs*** Insurance*16,200,750**16,200,750 Division of Registration*21,089,693**21,089,693 Department of Public Utilities*9,001,247*750,000*9,751,247 Other Consumer Affairs*6,147,460**6,147,460 Executive Office Consumer Affairs*158,720*846,000*1,004,720 Total, Consumer Affairs*52,597,870*1,596,000*54,193,870 `t+1 `tc1 Labor and Industries*** Executive Office of Labor*3,002**3,002 Other Labor*42,332**42,332 Dept of Industrial Accidents*13,023,804**13,023,804 Dept of Labor & Industries*1,487,813**1,487,813 Total, Labor and Industries*14,556,951**14,556,951 `t+1 `tc1 Legislature*** Joint Legislature*483,525**483,525 Senate*93**93 Total, Legislature*483,618**483,618 `t+1 `tc1 Total Non-Tax*4,050,608,636*645,330,398*4,695,939,034 `tcol;end

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1 `tch `tc1 `ts Item `t+1 `tch;end `tc3 JUDICIARY. `tc1 `tc4 Notwithstanding the provisions of section one to the contrary, items 0320-0001 to 0339-2100 are charged as follows: `tc6 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc2 Supreme Judicial Court. `tc1 0320-0001 `tc4 For the salaries, traveling allowances, and expenses of the chief justice and of the six associate justices `tc6 $654,408 `tc1 0320-0002 `tc4 For the expenses of the commission on the future of the courts `tc6 $48,000 `tc1 0320-0003 `tc4 For the salaries and expenses of the supreme judicial court; provided, that not less than one hundred and twenty-nine thousand dollars shall be available for the committee on gender equality `tc6 $3,529,090 `tc1 0320-0010 `tc4 For the salaries and expenses of the Suffolk county clerk `tc6 $579,499 `tc1 0321-0001 `tc4 For the expenses of the commission on judicial conduct `tc6 $207,084 `tc1 0321-0100 `tc4 For the service of the board of bar examiners `tc6 $563,500 `tc2 Committee for Public Counsel Services. `tc1 0321-1500 `tc4 For the committee for public counsel services as authorized by chapter two hundred and eleven D of the General Laws, including expenses for an audit and oversight unit; provided, that not less than two hundred and fifty thousand dollars be expended for a program of mental health legal advisors, as provided in section thirty-four E of chapter two hundred and twenty-one of the General Laws, including not more than two hundred and forty-four positions `tc6 $11,557,818 `tc1 0321-1510 `tc4 For the compensation of private counsel assigned under the provisions of subsection (b), section six of chapter two hundred and eleven D of the General Laws, pursuant to section twelve of said chapter two hundred and eleven D of the General Laws including prior years' expenses `tc6 $30,000,000 `tc1 0321-1520 `tc4 For all fees and costs, as defined in section twenty-seven A of chapter two hundred and sixty-one of the General Laws, including prior years' expenses ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section twenty-seven A of said chapter two hundred and sixty-one `tc6 $4,436,377 `tc1 0321-1600 `tc4 For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that not less than one million seventy thousand three hundred and fourteen dollars shall be obligated for a disability representation project; provided further, that not less than four hundred eighty-nine thousand seven hundred and fifty-nine dollars shall be obligated for a medicare advocacy project; provided further, that not less than three hundred sixty-three thousand five hundred and sixty-eight dollars shall be obligated for an asylum representation project; provided further, that the first paragraph of section nine of chapter two hundred and twenty-one A of the General Laws shall not apply to these programs; and provided further, that said corporation may contract with any organization for the purpose of providing said representation `tc6 $1,923,641 `tc1 0321-2100 `tc4 For a correctional legal services committee `tc6 $336,719 `tc1 0321-2205 `tc4 For expenses of the social law library located in Suffolk county; provided, that not less than one hundred ninety-two thousand dollars be made available for computerized legal research `tc6 $880,800 `tc2 Appeals Court. `tc1 0322-0001 `tc4 For the salaries and expenses of the appeals court, including the salaries, traveling allowances and expenses of the chief justice and the thirteen associate justices `tc6 $3,598,000 `tc2 Trial Court. `tc1 0330-0100 `tc4 For the salaries of the justices of the trial court; notwithstanding this item, the justices of the trial court shall continue their commission of appointment to a specific division within a department or to a department according to the terms of said commissions; provided, that nothing herein shall be construed to limit the authority of the chief administrative justice as enumerated in chapter two hundred and eleven B of the General Laws, including not more than three hundred and twenty positions `tc6 $18,878,592 `tc1 0330-0300 `tc4 For the salaries and expenses of the administrative staff, including not more than one hundred and four positions `tc6 $2,353,977 `tc1 0330-0400 `tc4 For non-employee services 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 `tc6 $5,230,063 `tc1 0330-0600 `tc4 For dental and optical health plan trust agreements `tc6 $574,506 `tc1 0330-1000 `tc4 For payments of expenses of juries `tc6 $2,362,674 `tc1 0330-2000 `tc4 For salaries and expenses of certain law libraries, including not more than thirty positions `tc6 $1,931,220 `tc1 0330-2010 `tc4 For expenses related to computerized legal research `tc6 $107,787 `tc1 0330-2020 `tc4 For centralized law book purchases `tc6 $282,433 `tc1 0330-2200 `tc4 For the rental of court facilities, in accordance with section four of chapter twenty-nine A of the General Laws; provided, that all payments made hereunder shall be pursuant to written leases; provided further, that quarterly payments shall be made to counties equal to an amount which is at least ninety percent of the amount owed to such county for such rent per quarter of the preceding fiscal year, subject to reconciliation based on accurate cost data in the fourth quarter or in the succeeding fiscal year; provided further, that payments to any county which fails to submit required cost data by the beginning of the third quarter of the fiscal year, shall be withheld until such data is submitted to the chief administrative justice of the trial court and approved as accurate; provided further, that such cost data shall be also filed with the house and senate committees on ways and means; provided further, that every county which receives funds under this item shall maintain such funds in a separate account which shall be used solely for the maintenance of the rented facilities; provided further, that all rents paid to the counties shall be expended for courthouse maintenance costs in each county; and provided further, that each county advisory board, upon receipt of the proposed budget by the county commissioners, shall have final approval of all expenditures under this item `tc6 $25,953,035 `tc1 0330-2205 `tc4 For expenses to maintain and operate courthouse facilities owned by the commonwealth, including not more than two hundred and seventy-six positions `tc6 $6,915,826 `tc1 0330-2300 `tc4 For payments of witness fees `tc6 $483,234 `tc1 0330-2410 `tc4 For the salaries and expenses of the judicial training institute, including not more than five positions `tc6 $282,050 `tc1 0330-2500 `tc4 For clerical assistance for the divisions of the trial court, including not more than ten positions `tc6 $54,239 `tc1 0330-2600 `tc4 For travel expenses of judicial personnel; provided, that the chief administrative justice of the trial court shall promulgate rules and regulations for the criteria governing the selection of justices for travel outside of the state for the purpose of judicial training; and provided further, that such rules and regulations shall provide criteria such that newly appointed justices shall be given first priority for such training `tc6 $718,031 `tc1 0330-2700 `tc4 For printing expenses `tc6 $1,151,920 `tc1 0330-2800 `tc4 For repairs of equipment `tc6 $1,819,078 `tc1 0330-3000 `tc4 For the purchase and rentals of equipment in the trial court, to be allocated by the chief administrative justice; provided, that in purchasing said equipment, the chief administrative justice shall utilize the approved vendor determined by the state purchasing agent for such equipment whenever the terms offered by such vendor are more favorable than those otherwise available `tc6 $562,432 `tc1 0330-3200 `tc4 For the payment of salaries and expenses of superior court officers; provided, that any court officer scheduled to work nineteen hundred and fifty hours, or more, in fiscal year nineteen hundred and ninety-one shall be considered a full-time court officer for fiscal year nineteen hundred and ninety-two; and provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements, including not more than four hundred and nine positions `tc6 $11,254,490 `tc1 0330-3300 `tc4 For the payment of office, administrative, special, and maintenance and repair expenses in the trial court, to be allocated by the chief administrative justice `tc6 $598,620 `tc1 0330-3700 `tc4 For salaries and expenses of the Court Interpreter Program, including not more than four positions `tc6 $103,566 `tc1 0330-4000 `tc4 Notwithstanding the provisions of chapter five hundred and six of the acts of nineteen hundred and ninety, the chief administrative justice of the trial court is hereby authorized to expend an amount not to exceed twenty million dollars collected from the Custodial Passbook Program, so-called, including the costs of personnel `tc6 $20,000,000 `tc2 Superior Court. For Salaries and Expenses. `tc1 0331-0100 `tc4 For salaries and expenses of the administrative office of the superior court department, including not more than one hundred and twenty-six positions `tc6 $3,332,592 `tc1 0331-0300 `tc4 For payments to be made by the administrative justice of the superior court to medical malpractice tribunals established in accordance with the provisions of section sixty B of chapter two hundred and thirty-one of the General Laws `tc6 $71,223 `tc1 0331-0600 `tc4 For the expenses of superior court probation services, including not more than two hundred and forty positions `tc6 $6,363,129 `tc1 0331-2100 `tc4 Barnstable superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than seven positions `tc6 $198,475 `tc1 0331-2200 `tc4 Berkshire superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than seven positions `tc6 $191,317 `tc1 0331-2300 `tc4 Bristol superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than thirty-three positions `tc6 $747,180 `tc1 0331-2400 `tc4 Dukes superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than two positions `tc6 $94,224 `tc1 0331-2500 `tc4 Essex superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than forty positions `tc6 $1,063,307 `tc1 0331-2600 `tc4 Franklin superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than six positions `tc6 $176,199 `tc1 0331-2700 `tc4 Hampden superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than thirty-seven positions `tc6 $1,005,891 `tc1 0331-2800 `tc4 Hampshire superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than eight positions `tc6 $271,843 `tc1 0331-2900 `tc4 Middlesex superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than ninety-seven positions `tc6 $2,630,131 `tc1 0331-3000 `tc4 Nantucket superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than two positions `tc6 $75,246 `tc1 0331-3100 `tc4 Norfolk superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than thirty-eight positions `tc6 $988,060 `tc1 0331-3200 `tc4 Plymouth superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than thirty-six positions `tc6 $831,687 `tc1 0331-3300 `tc4 Suffolk superior civil court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than one hundred and twenty-three positions `tc6 $2,822,999 `tc1 0331-3400 `tc4 Suffolk superior criminal court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than sixty-nine positions `tc6 $1,724,109 `tc1 0331-3500 `tc4 Worcester superior court; provided that, notwithstanding any general or special law to the contrary, the clerk of the court, elected pursuant to section three of chapter two hundred and twenty-one of the General Laws, shall act as the administrative head of said court; provided further, that said clerk shall have responsibility for the administrative management of the personnel, staff services and business of the court, including, but not limited to, financial administration and budget preparation, record-keeping, information systems and statistical controls, purchasing, planning, and case flow management, including not more than forty-five positions `tc6 $1,138,670 `tc2 District Courts. For Salaries and Expenses. `tc1 0332-0100 `tc4 For the salaries and expenses of the administrative office of the district court department, including not more than forty-nine positions `tc6 $1,306,582 `tc1 0332-1100 `tc4 First district court of Barnstable, including not more than fifty-two positions `tc6 $1,337,828 `tc1 0332-1200 `tc4 Second district court of Barnstable (Orleans), including not more than twenty-five positions `tc6 $696,492 `tc1 0332-1300 `tc4 District court of northern Berkshire (Adams, North Adams, Williamstown), including not more than fifteen positions `tc6 $481,543 `tc1 0332-1400 `tc4 District court of central Berkshire (Pittsfield), including not more than twenty-six positions `tc6 $808,958 `tc1 0332-1500 `tc4 District court of southern Berkshire (Great Barrington, Lee), including not more than eleven positions `tc6 $232,291 `tc1 0332-1600 `tc4 First district court of Bristol (Taunton), including not more than thirty-three positions `tc6 $920,756 `tc1 0332-1700 `tc4 Second district court of Bristol (Fall River), including not more than fifty-six positions `tc6 $1,424,573 `tc1 0332-1800 `tc4 Third district court of Bristol (New Bedford), including not more than fifty-nine positions `tc6 $1,546,363 `tc1 0332-1900 `tc4 Fourth district court of Bristol (Attleboro), including not more than twenty-six positions `tc6 $644,284 `tc1 0332-2000 `tc4 District court of Edgartown, including not more than nine positions `tc6 $245,484 `tc1 0332-2100 `tc4 First district court of Essex (Salem), including not more than fifty positions `tc6 $1,293,031 `tc1 0332-2300 `tc4 Third district court of Essex (Ipswich), including not more than six positions `tc6 $179,801 `tc1 0332-2400 `tc4 Central district court of northern Essex (Haverhill), including not more than thirty-seven positions `tc6 $1,050,428 `tc1 0332-2500 `tc4 District court of eastern Essex (Gloucester), including not more than twenty-three positions `tc6 $586,446 `tc1 0332-2600 `tc4 District court of Lawrence, including not more than sixty-seven positions `tc6 $1,892,105 `tc1 0332-2700 `tc4 District court of southern Essex (Lynn), including not more than fifty-six positions `tc6 $1,603,607 `tc1 0332-2800 `tc4 District court of Newburyport, including not more than thirty positions `tc6 $784,694 `tc1 0332-2900 `tc4 District court of Peabody, including not more than twenty-nine positions `tc6 $866,129 `tc1 0332-3000 `tc4 District court of Greenfield, including not more than twenty-four positions `tc6 $568,125 `tc1 0332-3100 `tc4 District court of Orange, including not more than twelve positions `tc6 $252,570 `tc1 0332-3200 `tc4 District court of Chicopee, including not more than twenty-four positions `tc6 $640,150 `tc1 0332-3300 `tc4 District court of Holyoke, including not more than twenty-six positions `tc6 $619,763 `tc1 0332-3400 `tc4 District court of eastern Hampden (Palmer), including not more than seventeen positions `tc6 $510,829 `tc1 0332-3500 `tc4 District court of Springfield, including not more than one hundred and fifteen positions `tc6 $2,834,855 `tc1 0332-3600 `tc4 District court of western Hampden (Westfield), including not more than twenty-one positions `tc6 $451,719 `tc1 0332-3700 `tc4 District court of Hampshire (Northampton); provided that, of the amount appropriated herein, forty thousand dollars shall be expended for an alternative probation program "Honor Court", so called, including not more than forty-four positions `tc6 $1,255,672 `tc1 0332-3800 `tc4 District court of eastern Hampshire (Ware), including not more than ten positions `tc6 $322,021 `tc1 0332-3900 `tc4 District court of Lowell, including not more than eighty-nine positions `tc6 $2,404,033 `tc1 0332-4000 `tc4 District court of Somerville, including not more than sixty-seven positions `tc6 $1,642,107 `tc1 0332-4100 `tc4 District court of Newton, including not more than twenty-eight positions `tc6 $805,608 `tc1 0332-4200 `tc4 District court of Marlborough, including not more than twenty-six positions `tc6 $759,131 `tc1 0332-4300 `tc4 District court of Natick, including not more than twenty positions `tc6 $573,091 `tc1 0332-4400 `tc4 District court of eastern Middlesex (Malden), including not more than sixty-three positions `tc6 $1,739,892 `tc1 0332-4500 `tc4 Second district court of eastern Middlesex (Waltham), including not more than forty-two positions `tc6 $1,034,264 `tc1 0332-4600 `tc4 Third district court of eastern Middlesex (Cambridge), including not more than one hundred and seven positions `tc6 $2,751,904 `tc1 0332-4700 `tc4 Fourth district court of eastern Middlesex (Woburn), including not more than fifty-nine positions `tc6 $1,586,366 `tc1 0332-4800 `tc4 First district court of northern Middlesex (Ayer), including not more than thirty-four positions `tc6 $1,004,557 `tc1 0332-4900 `tc4 First district court of southern Middlesex (Framingham), including not more than sixty-seven positions `tc6 $1,466,481 `tc1 0332-5000 `tc4 District court of central Middlesex (Concord), including not more than forty-one positions `tc6 $1,087,760 `tc1 0332-5100 `tc4 District court of Nantucket, including not more than eight positions `tc6 $151,271 `tc1 0332-5200 `tc4 District court of northern Norfolk (Dedham), including not more than fifty-seven positions `tc6 $1,429,305 `tc1 0332-5300 `tc4 District court of east Norfolk (Quincy), including not more than one hundred and twenty-three positions `tc6 $3,121,734 `tc1 0332-5400 `tc4 District court of western Norfolk (Wrentham), including not more than thirty-seven positions `tc6 $993,038 `tc1 0332-5500 `tc4 District court of southern Norfolk, including not more than forty-six positions `tc6 $1,181,790 `tc1 0332-5600 `tc4 Municipal court of Brookline, including not more than twenty-four positions `tc6 $606,886 `tc1 0332-5700 `tc4 District court of Brockton, including not more than eighty-six positions `tc6 $2,605,451 `tc1 0332-5800 `tc4 Second district court of Plymouth (Hingham), including not more than forty-four positions `tc6 $1,225,330 `tc1 0332-5900 `tc4 Third district court of Plymouth (Plymouth), including not more than forty-five positions `tc6 $1,166,328 `tc1 0332-6000 `tc4 Fourth district court of Plymouth (Wareham), including not more than thirty-six positions `tc6 $1,057,290 `tc1 0332-6100 `tc4 District court of Brighton, including not more than thirty-five positions `tc6 $979,086 `tc1 0332-6200 `tc4 District court of Charlestown, including not more than eighteen positions `tc6 $648,568 `tc1 0332-6300 `tc4 District court of Chelsea, including not more than forty-eight positions `tc6 $1,384,924 `tc1 0332-6400 `tc4 District court of Dorchester, including not more than one hundred and eighteen positions `tc6 $3,410,662 `tc1 0332-6500 `tc4 District court of East Boston, including not more than forty-seven positions `tc6 $1,187,255 `tc1 0332-6600 `tc4 District court of Roxbury, including not more than one hundred and eighteen positions `tc6 $2,984,053 `tc1 0332-6700 `tc4 District court of South Boston, including not more than twenty-four positions `tc6 $762,107 `tc1 0332-6800 `tc4 District court of West Roxbury, including not more than forty-seven positions `tc6 $1,255,022 `tc1 0332-6900 `tc4 Central district court of Worcester, including not more than one hundred and five positions `tc6 $2,384,342 `tc1 0332-7000 `tc4 District court of Fitchburg, including not more than twenty-nine positions `tc6 $682,563 `tc1 0332-7100 `tc4 District court of Leominster, including not more than fourteen positions `tc6 $349,908 `tc1 0332-7200 `tc4 District court of Winchendon, including not more than three positions `tc6 $125,947 `tc1 0332-7300 `tc4 First district court of northern Worcester (Gardner), including not more than twenty-five positions `tc6 $655,438 `tc1 0332-7400 `tc4 First district court of eastern Worcester (Westborough), including not more than thirty-one positions `tc6 $839,525 `tc1 0332-7500 `tc4 Second district court of eastern Worcester (Clinton), including not more than sixteen positions `tc6 $380,599 `tc1 0332-7600 `tc4 First district court of southern Worcester (Dudley), including not more than twenty-seven positions `tc6 $758,254 `tc1 0332-7700 `tc4 Second district court of southern Worcester (Uxbridge), including not more than eighteen positions `tc6 $393,759 `tc1 0332-7800 `tc4 Third district court of southern Worcester (Milford), including not more than twenty-three positions `tc6 $606,230 `tc1 0332-7900 `tc4 District court of western Worcester (Spencer), including not more than fourteen positions `tc6 $352,587 `tc2 Probate and Family Court Department. For Salaries and Expenses. `tc1 0333-0002 `tc4 For the salaries and expenses of the administrative office, including not more than twelve positions `tc6 $1,092,112 `tc1 0333-0100 `tc4 Barnstable probate court, including not more than twenty-four positions `tc6 $437,826 `tc1 0333-0200 `tc4 Berkshire probate court, including not more than fifteen positions `tc6 $366,988 `tc1 0333-0300 `tc4 Bristol probate court, including not more than forty-six positions `tc6 $1,004,173 `tc1 0333-0400 `tc4 Dukes probate court, including not more than three positions `tc6 $99,942 `tc1 0333-0500 `tc4 Essex probate court, including not more than fifty-six positions `tc6 $1,236,769 `tc1 0333-0600 `tc4 Franklin probate court, including not more than eleven positions `tc6 $245,253 `tc1 0333-0700 `tc4 Hampden probate court, including not more than fifty-nine positions `tc6 $1,170,404 `tc1 0333-0800 `tc4 Hampshire probate court, including not more than nineteen positions `tc6 $337,094 `tc1 0333-0900 `tc4 Middlesex probate court, including not more than one hundred and fifteen positions `tc6 $2,184,704 `tc1 0333-0911 `tc4 For the family services clinic of the Middlesex probate court, including not more than six positions `tc6 $154,099 `tc1 0333-1000 `tc4 Nantucket probate court, including not more than two positions `tc6 $78,742 `tc1 0333-1100 `tc4 Norfolk probate court, including not more than seventy-three positions `tc6 $1,441,435 `tc1 0333-1111 `tc4 For the family services clinic of the Norfolk probate court, including not more than five positions `tc6 $84,015 `tc1 0333-1200 `tc4 Plymouth probate court, including not more than fifty-three positions `tc6 $1,101,659 `tc1 0333-1300 `tc4 Suffolk probate court, including not more than ninety-five positions `tc6 $1,679,295 `tc1 0333-1400 `tc4 Worcester probate court, including not more than fifty-five positions `tc6 $1,194,461 `tc2 Land Court. `tc1 0334-0001 `tc4 For the salaries and expenses of the office of the land court, including not more than seventy-eight positions `tc6 $1,861,170 `tc2 Boston Municipal Court. `tc1 0335-0001 `tc4 For salaries and expenses of the Boston municipal court, including not more than one hundred and eighty-five positions `tc6 $5,453,691 `tc2 Housing Court. For Salaries and Expenses. `tc1 0336-0002 `tc4 For the salaries and expenses of the administrative office, including not more than three positions `tc6 $100,000 `tc1 0336-0100 `tc4 Boston housing court, including not more than twenty-eight positions `tc6 $701,803 `tc1 0336-0200 `tc4 Hampden housing court, including not more than thirteen positions `tc6 $350,000 `tc1 0336-0300 `tc4 Worcester housing court, including not more than eleven positions `tc6 $350,000 `tc1 0336-0400 `tc4 Southeastern housing court, including not more than eleven positions `tc6 $300,000 `tc1 0336-0500 `tc4 Northeastern housing court, including not more than eleven positions `tc6 $300,000 `tc2 Juvenile Court. For Salaries and Expenses. `tc1 0337-0002 `tc4 For the salaries and expenses of the administrative office, including not more than seventeen positions `tc6 $434,631 `tc1 0337-0100 `tc4 Boston juvenile court, including not more than one hundred and three positions `tc6 $3,321,925 `tc1 0337-0200 `tc4 Bristol juvenile court, including not more than forty-eight positions `tc6 $1,347,277 `tc1 0337-0300 `tc4 Springfield juvenile court, including not more than thirty-two positions `tc6 $994,064 `tc1 0337-0400 `tc4 Worcester juvenile court, including not more than twenty-six positions `tc6 $961,613 `tc2 Committee on Probation. `tc1 0339-1001 `tc4 For the office of the commissioner of probation, including not more than one hundred and thirty positions `tc6 $3,537,051 `tc1 0339-2100 `tc4 For the administration of juror selection and management, in accordance with chapter two hundred and thirty-four A of the General Laws, including jury expenses, including not more than twenty-five positions `tc6 $1,443,691 `tc3 DISTRICT ATTORNEYS. `tc1 `tc4 Notwithstanding the provisions of section one to the contrary, items 0340-0100 to 0340-2100, excluding items 0340-0130, 0340-0135, 0340-0230, 0340-0235, 0340-0330, 0340-0335, 0340-0430, 0340-0435, 0340-0530, 0340-0535, 0340-0630, 0340-0635, 0340-0730, 0340-0735, 0340-0830, 0340-0835, 0340-0930, 0340-0935, 0340-1030, 0340-1035, 0340-1130 and 0340-1135 are charged as follows: `tc6 `tc5 General Fund 25.0% Local Aid 75.0% `tc1 `tc4 For the salaries and expenses of district attorneys and assistants for the eleven districts: `tc1 0340-0100 `tc4 Suffolk, including not more than one hundred and ninety positions `tc6 $6,468,829 `tc1 0340-0130 `tc4 For the victim and witness assistance program of the Suffolk District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $536,478 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0135 `tc4 For the salaries and expenses of the Suffolk District Attorney's child abuse litigation unit `tc6 $203,856 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0140 `tc4 For overtime of state police officers assigned to the Suffolk District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $88,049 `tc1 0340-0200 `tc4 Northern, including not more than one hundred and fifty-eight positions `tc6 $4,760,629 `tc1 0340-0230 `tc4 For the victim and witness assistance program of the Northern District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $589,191 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0235 `tc4 For the salaries and expenses of the Northern District Attorney's child abuse litigation unit `tc6 $213,620 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0240 `tc4 For overtime of state police officers assigned to the Northern District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $209,741 `tc1 0340-0300 `tc4 Eastern, including not more than eighty-seven positions `tc6 $2,934,515 `tc1 0340-0330 `tc4 For the victim and witness assistance program of the Eastern District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $466,336 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0335 `tc4 For the salaries and expenses of the Eastern District Attorney's child abuse litigation unit `tc6 $109,119 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0340 `tc4 For overtime of state police officers assigned to the Eastern District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $245,856 `tc1 0340-0400 `tc4 Middle, including not more than eighty-seven positions `tc6 $3,395,189 `tc1 0340-0430 `tc4 For the victim and witness assistance program of the Middle District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $341,395 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0435 `tc4 For the salaries and expenses of the Middle District Attorney's child abuse litigation unit `tc6 $163,293 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0450 `tc4 For overtime of state police officers assigned to the Middle District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $259,704 `tc1 0340-0500 `tc4 Hampden, including not more than seventy-one positions `tc6 $2,246,126 `tc1 0340-0530 `tc4 For the victim and witness assistance program of the Hampden District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $409,504 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0535 `tc4 For the salaries and expenses of the Hampden District Attorney's child abuse litigation unit `tc6 $145,119 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0560 `tc4 For overtime of state police officers assigned to the Hampden District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $89,823 `tc1 0340-0600 `tc4 Northwestern, including not more than thirty-six positions `tc6 $1,443,775 `tc1 0340-0630 `tc4 For the victim and witness assistance program of the Northwestern District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $326,663 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0635 `tc4 For the salaries and expenses of the Northwestern District Attorney's child abuse litigation unit `tc6 $50,524 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0670 `tc4 For overtime of state police officers assigned to the Northwestern District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $100,316 `tc1 0340-0700 `tc4 Norfolk, including not more than seventy-four positions `tc6 $2,825,363 `tc1 0340-0730 `tc4 For the victim and witness assistance program of the Norfolk District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $404,822 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0735 `tc4 For the salaries and expenses of the Norfolk District Attorney's child abuse litigation unit `tc6 $72,677 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0780 `tc4 For overtime of state police officers assigned to the Norfolk District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $190,774 `tc1 0340-0800 `tc4 Plymouth, including not more than sixty-seven positions `tc6 $2,092,730 `tc1 0340-0830 `tc4 For the victim and witness assistance program of the Plymouth District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $378,273 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0835 `tc4 For the salaries and expenses of the Plymouth District Attorney's child abuse litigation unit `tc6 $118,954 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0890 `tc4 For overtime of state police officers assigned to the Plymouth District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $189,246 `tc1 0340-0900 `tc4 Bristol, including not more than sixty positions `tc6 $2,413,640 `tc1 0340-0930 `tc4 For the victim and witness assistance program of the Bristol District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $434,294 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0935 `tc4 For the salaries and expenses of the Bristol District Attorney's child abuse litigation unit `tc6 $122,550 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-0940 `tc4 For overtime of state police officers assigned to the Bristol District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $152,172 `tc1 0340-1000 `tc4 Cape and Islands, including not more than twenty-four positions `tc6 $1,026,266 `tc1 0340-1030 `tc4 For the victim and witness assistance program of the Cape and Islands District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $287,281 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1035 `tc4 For the salaries and expenses of the Cape and Islands District Attorney's child abuse litigation unit `tc6 $43,153 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1040 `tc4 For overtime of state police officers assigned to the Cape and Islands District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $156,974 `tc1 0340-1100 `tc4 Berkshire, including not more than twenty-two positions `tc6 $839,280 `tc1 0340-1130 `tc4 For the victim and witness assistance program of the Berkshire District Attorney's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $271,174 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1135 `tc4 For the salaries and expenses of the Berkshire District Attorney's child abuse litigation unit `tc6 $35,928 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0340-1140 `tc4 For overtime of state police officers assigned to the Berkshire District Attorney's office, to be in addition to any other funds available for this purpose `tc6 $70,710 `tc1 0340-2100 `tc4 For a reserve for the implementation and related expenses of the prosecution management information system (PROMIS); provided, that funds may be transferred from this item to other items of appropriation; provided further, that the house and senate committees on ways and means shall be notified in writing of all transfers made from this line item; provided further, that a report detailing all past expenditures from this fund, the automation status of each district attorney's office, and a proposed plan for any further automation improvements, shall be forwarded to the house and senate committees on ways and means on or before October first, nineteen hundred and ninety-one; and provided further, that expenses may be charged directly to this item, including not more than two positions `tc6 $971,921 `tc3 EXECUTIVE. `tc2 Governor. `tc1 0411-1000 `tc4 For the salaries and expenses of the governor and lieutenant governor and officers and employees in the governor's office and lieutenant governor's office `tc6 $3,499,296 `tc2 Governor's Council. `tc1 0413-1000 `tc4 For the salaries and personal services of the council pursuant to sections three, four, and seven of chapter six of the General Laws `tc6 $88,453 `tc1 0413-1001 `tc4 For the salaries and expenses of the administrative office pursuant to sections six and six A of chapter six of the General Laws `tc6 $148,323 `tc3 SECRETARY OF THE COMMONWEALTH. `tc1 0511-0000 `tc4 For the office of the secretary; provided, that the positions of director of administrative services, assistant supervisor of public records and the director and assistant director of the bilingual information center shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that said positions shall be compensated from this item of appropriation; provided further, that seventy-two thousand dollars shall be expended for an ongoing review of corporation annual statements by the corporations division within the office of the secretary, including the costs of personnel; provided further, that one hundred thousand dollars shall be expended for the costs of notifying corporations of their obligation to file annual statements of condition with the office of the secretary of state; provided further, that one hundred and ninety-two thousand dollars shall be expended for the purposes of maintaining a computerized corporate library; provided further, that the secretary shall file quarterly reports detailing the source and amount of revenue generated by each division within the secretary's office with the house and senate committees on ways and means `tc6 $5,428,564 `tc1 0511-0200 `tc4 For the administration of the Archives Division `tc6 $440,000 `tc1 0511-0230 `tc4 For the expenses of the Record Center `tc6 $155,266 `tc1 0511-0250 `tc4 For the maintenance and operation of the Archives Facilities `tc6 $572,988 `tc1 0511-0260 `tc4 For the administration of the Commonwealth Museum `tc6 $220,077 `tc1 0517-0000 `tc4 For the expense of printing various documents, including a public register listing all notices of contractual opportunities offered by any public agency or authority of the commonwealth; provided further, that one million dollars shall be expended for the costs of printing said documents, including materials, supplies and equipment; provided further, that the secretary shall file quarterly reports detailing revenue generated from the sale of said publications with the house and senate committees on ways and means `tc6 $1,288,055 `tc1 0521-0000 `tc4 For preparing, printing and distributing ballots and other miscellaneous expenses for primary and other elections; provided, that the position of counsel II compensated from this item of appropriation shall not be subject to the provisions of chapter thirty-one of the General Laws `tc6 $3,000,000 `tc5 Local Aid Fund 20.0% General Fund 80.0% `tc1 0524-0000 `tc4 For the expenses of compiling and publishing information to voters `tc6 $35,000 `tc5 Local Aid Fund 100.0% `tc2 Massachusetts Historical Commission. `tc1 0526-0100 `tc4 For the administration of the commission `tc6 $543,918 `tc2 Ballot Law Commission. `tc1 0527-0100 `tc4 For the compensation and expenses of the commissioners `tc6 $19,757 `tc2 Records Conservation Board. `tc1 0528-0100 `tc4 For the expenses of the board `tc6 $26,421 `tc3 TREASURER AND RECEIVER-GENERAL. `tc1 0610-0000 `tc4 For the office of the treasurer and receiver-general; provided, that not more than four million two hundred and twenty-four thousand dollars of the amount appropriated herein shall be expended for the payment of bank fees provided further, that the General Fund shall be reimbursed for the amount of this appropriation pursuant to subdivision two of section twenty-one of chapter thirty-two of the General Laws as certified by the pension reserves investment management board `tc6 $11,774,684 `tc1 0610-1500 `tc4 For tuition payments as required by section twelve B of chapter seventy-six of the General Laws, as amended by section twenty-three of chapter six of the acts of nineteen hundred and ninety-one; provided that notwithstanding the provisions of chapter twenty-nine of the General Laws to the contrary, the state treasurer is hereby authorized to expend in anticipation of revenue such amounts as are necessary to meet such payments; and provided further, that the state treasurer shall deduct the amount expended from this account from item 7061-0008, in accordance with section 304 of this act. `tc1 0611-1000 `tc4 For bonus payments to war veterans `tc6 $35,894 `tc1 0611-5000 `tc4 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of section five of chapter two hundred and fifty-eight A of the General Laws, if claimant is sixty years of age or older at the time of the crime, and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with this chapter even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of fifty dollars; provided further, that, notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section five of chapter two hundred and fifty-eight A of the General Laws; provided further, that no funds appropriated under this item shall be expended for acute hospital services; including prior year expenses `tc6 $2,454,843 `tc5 Victim and Witness Assistance Fund 21.79% General Fund 78.21% `tc1 0611-5500 `tc4 For additional assistance to cities and towns, to be distributed according to the provisions of section three of this act, and for assistance to certain public entities of the commonwealth which have constructed abatement facilities; provided, however, that the said distribution to said public entities shall equal one million, two hundred forty-nine thousand, nine hundred and forty-seven dollars `tc6 $477,565,226 `tc5 Local Aid Fund 100.0% `tc1 0611-5800 `tc4 For distribution to each city and town within which racing meetings are conducted; provided, that each city or town's distribution shall be proportionate to its share of the amount certified by the state racing commission, pursuant to section eighteen D of chapter fifty-eight of the General Laws, at the end of the calendar year nineteen hundred and ninety-one; and provided further, that no city or town shall receive more than the amount so certified for that city or town `tc6 $1,055,746 `tc5 Local Aid Fund 100.0% `tc2 State Board of Retirement. `tc1 0612-0100 `tc4 For the administration of the board; provided, that the position of executive secretary of the retirement board shall not be subject to the provisions of chapter thirty-one of the General Laws; provided that the General Fund shall be reimbursed for the amount of this appropriation pursuant to clause (a) of subdivision (7) of section twenty-two of chapter thirty-two of the General Laws, as amended by this act `tc6 $1,856,549 `tc1 0612-1010 `tc4 For the commonwealth's pension liability fund established under section twenty-two of chapter thirty-two of the General Laws, to meet the commonwealth's obligations under section twenty-two C of said chapter thirty-two, including all retirement benefits payable by the state employees' and the state teachers' retirement systems, reimbursement of local retirement systems for cost-of-living adjustments pursuant to section one hundred and two of said chapter thirty-two, and for the costs of increased survivor benefits pursuant to chapter three hundred and eighty-nine of the acts of nineteen hundred and eighty-four; provided further, that subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county, or district shall verify the cost thereof and the treasurer shall be authorized to make such payments upon a transfer of funds as hereinafter provided; to reimburse certain cities and towns for pensions to retired teachers; and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems; and including the commonwealth's share of the amounts to be appropriated pursuant to section twenty-two B of said chapter thirty-two and the amounts to be appropriated pursuant to clause (a) of the last paragraph of section twenty-one of chapter one hundred and thirty-eight of the General Laws; provided further, that all payments for the purposes hereinbefore described shall be made only pursuant to distribution of monies from said fund, provided that any such distribution and the payments for which distributions are required shall be detailed in a written report filed not less frequently than on a quarterly basis by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution; provided further, that such distributions shall not be made in advance of the date on which any payment is actually to be made; provided further, that the governor shall request a supplemental appropriation in the amount necessary to provide any amount required to be paid hereunder which is in excess of the sum of the amount herein appropriated and the amounts so recovered, and the amount of any such excess shall not be distributed from the commonwealth's pension liability fund nor paid from any other source until such appropriation has been made, and the amounts so appropriated shall be deposited in said fund and distributed therefrom in accordance with the provisions of this item; provided further, that the treasurer shall submit a report by November fifteenth, nineteen hundred and ninety-one to the house and senate committees on ways and means detailing all retirement benefits paid to the members of the state employees' and teachers' retirement systems, the reimbursement of local retirement systems for cost-of-living adjustments and for the costs of increased survivor benefits during fiscal year nineteen hundred and ninety-one, provided further, that said report shall also include pursuant to section twenty-two of said chapter thirty-two the source and amount of revenue remitted to the commonwealth's pension liability fund during fiscal year nineteen hundred and ninety-one; provided further, that any request for distribution from said fund shall not in excess of the amount necessary to provide sufficient monies to make all payments for the purposes hereinbefore described; provided further, that no funds may be expended from this item, other than deposits to the commonwealth's pension liability fund `tc6 $724,000,000 `tc5 Local Aid Fund 59.0% General Fund 33.9% Highway Fund 7.0% Inland Fisheries and Game Fund 0.1% `tc1 0612-1507 `tc4 For the cost of the commonwealth's obligation to assume book to market losses, pursuant to paragraph (c) of subdivision (3) of section twenty-two of chapter thirty-two of the General Laws for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided that the public employee retirement administration shall certify said losses and shall file a schedule of said losses with the secretary of administration and finance and the house and senate committees on ways and means `tc6 $272,304 `tc5 Local Aid Fund 100.0% `tc1 0612-2000 `tc4 For the authorization of retirement benefits pursuant to chapters seven hundred and twelve and seven hundred and twenty-one of the acts of nineteen hundred and eighty-one, chapter one hundred and fifty-four of the acts of nineteen hundred and eighty-three; chapter sixty-seven of the acts of nineteen hundred and eighty-eight, and chapter six hundred and twenty-one of the acts of nineteen hundred and eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith; and for pensions of retired judges or their widows; for retirement allowances of certain employees formerly in the service of the administrative division of the metropolitan district commission; for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan district commission; for retirement allowances of certain veterans formerly in the service of the metropolitan sewerage district; for retirement allowances of certain veterans formerly in the service of the metropolitan water system; and for annuities for widows of certain former members of the uniformed branch of the state police `tc6 $22,598,833 `tc5 Highway Fund 17.8% General Fund 82.2% `tc1 0612-2001 `tc4 The state treasurer may retain revenues in an amount not to exceed two hundred thousand dollars for expenditure for the purposes of item 0612-2000 of this act `tc6 $200,000 `tc2 Commission on Firemen's Relief. `tc1 0620-0000 `tc4 For the expenses of administration and for relief disbursed by the commissioner `tc6 $9,808 `tc2 Emergency Finance Board. `tc1 0630-0000 `tc4 For the administration of the board; provided, that, notwithstanding the provisions of any general or special law to the contrary, no employee of the department of revenue shall receive any reimbursement for services from this account `tc6 $66,500 `tc2 State Lottery Commission. `tc1 0640-0000 `tc4 For the expenses of the operation and administration of the state lottery and arts lottery; provided, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly; provided further, that all the positions in this item shall not be subject to chapters thirty and thirty-one of the General Laws; provided further, that the director shall, so far as practicable in making appointments to such positions, promote employees of the commonwealth serving in positions which are classified under said chapter thirty-one and that any such employee so promoted from a position in which at the time of promotion he has tenure by reason of section nine A of chapter thirty of the General Laws shall, upon termination of his service in such unclassified supervisory position, be restored upon his request to the classified position from which he was promoted or to a position equivalent thereto in salary grade in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of seniority, retirement and other rights to which uninterrupted service in the classified position would have entitled him; and provided further, however, that if his service in such unclassified supervisory position is terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering said chapter thirty-one `tc6 $66,557,981 `tc1 0640-0001 `tc4 The state lottery commission is hereby authorized to expend revenues collected up to a maximum of two million dollars from the proceeds of all lottery operations for the cost of upgrading the lottery's on-line central computer system and maximizing sales of lottery games `tc6 $2,000,000 `tc2 Collective Bargaining. `tc1 0640-0096 `tc4 For the purpose of the commonwealth's fiscal year nineteen hundred and ninety-two contributions to the health and welfare fund established pursuant to the collective bargaining agreement between the lottery commission and the Service Employees International Union, Local 254, AFL-CIO; provided, that said contributions shall be paid to such trust fund on such basis as said collective bargaining agreement provides `tc6 $116,360 `tc2 Massachusetts Cultural Council. `tc1 0640-0300 `tc4 For the administration of the council; provided further, that any funds expended from this account for the benefit of school children shall be expended for the benefit of all Massachusetts school children and on the same terms and conditions `tc6 $587,543 `tc1 0640-2003 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts cultural council may expend not more than three million dollars, including the amount otherwise made available under clause (a) of section fifty-seven of chapter ten of the General Laws, which the state comptroller is hereby authorized to transfer from the Arts Lottery Fund to the General Fund to be expended for the purposes of the council as provided in sections fifty-two to fifty-eight, inclusive, of chapter ten in such amounts and at such times as the council may determine pursuant to section fifty-four of chapter ten of the General Laws; provided however, that any funds expended from this account for the benefit of school children shall be expended for the benefit of all Massachusetts school children and on the same terms and conditions `tc6 $3,000,000 `tc2 Debt Service. `tc1 0699-0090 `tc4 For debt service associated with the Dedicated Income Tax Bonds, Fiscal Recovery Loan, Act of 1990 `tc6 $271,265,000 `tc5 Commonwealth Fiscal Recovery Fund 100.0% `tc1 0699-0100 `tc4 For payments related to bonds issued pursuant to chapter one hundred and fifty-one of the acts of nineteen hundred and ninety due under agreements entered into pursuant to section thirty-eight C of chapter twenty-nine of the General Laws `tc6 $6,600,000 `tc1 0699-1800 `tc4 For the payment of interest on certain bonded debt of the commonwealth previously charged to the State Recreation Areas Fund; for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Parks District Fund; for payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to the Local Aid Fund `tc6 $54,567,240 `tc5 Local Aid Fund 100.0% `tc1 0699-1801 `tc4 For the payment of discount on the sale of bonds of the commonwealth previously charged to the State Recreation Areas Fund; for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Parks District Fund; for payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund `tc6 $3,357,401 `tc5 Local Aid Fund 100.0% `tc1 0699-1900 `tc4 For certain serial bonds maturing previously charged to the State Recreation Areas Fund; for certain serial bonds maturing previously charged to the Metropolitan Parks District Fund; for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Local Aid Fund `tc6 $19,225,293 `tc5 Local Aid Fund 100.0% `tc1 0699-3800 `tc4 For the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Water District Fund; for the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Sewerage District Fund; for the payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $310,070,646 `tc1 0699-3801 `tc4 For the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Water District Fund; for the payment of discount on the sale of bonds of the commonwealth previously charged to the Metropolitan Sewerage District Fund; for the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $4,689,135 `tc1 0699-3900 `tc4 For certain serial bonds maturing previously charged to the Metropolitan Water District Fund; for certain serial bonds maturing previously charged to the Metropolitan Sewerage District Fund; for certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $97,790,697 `tc1 0699-6800 `tc4 For the payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $101,899,500 `tc5 Highway Fund 100.0% `tc1 0699-6801 `tc4 For the payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $1,010,105 `tc5 Highway Fund 100.0% `tc1 0699-6900 `tc4 For certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Highway Fund debt service reserve `tc6 $28,816,454 `tc5 Highway Fund 100.0% `tc1 0699-8300 `tc4 For payment of interest on certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Inter City Bus Fund `tc6 $71,354 `tc5 Inter City Bus Fund 100.0% `tc1 0699-8301 `tc4 For payment of discount on the sale of bonds of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to the Inter City Bus Fund `tc6 $3,178 `tc5 Inter City Bus Fund 100.0% `tc1 0699-8302 `tc4 For certain bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the Inter City Bus Fund `tc6 $696,822 `tc5 Inter City Bus Fund 100.0% `tc1 0699-9100 `tc4 For the payment of interest on issuance costs of bond and revenue anticipation notes and other notes pursuant to sections forty-seven and forty-nine B of chapter twenty-nine of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of such costs among the various funds of the commonwealth; provided further, that the comptroller shall charge such costs to such funds in accordance with said schedule; and provided further, that any deficit in this item at the close of this fiscal year shall be charged to the various funds or to the General or Highway Fund debt service reserves `tc6 $45,000,000 `tc1 0699-9200 `tc4 For certain debt service contract assistance to the Massachusetts Land Bank in accordance with the provisions of section eight B of chapter one hundred and thirty of the acts of nineteen hundred and eighty-seven `tc6 $6,000,000 `tc3 AUDITOR OF THE COMMONWEALTH. `tc1 0710-0000 `tc4 For the office of the auditor `tc6 $9,257,213 `tc1 0710-0100 `tc4 For the administration and expenses of the bureau of local mandates `tc6 $723,346 `tc5 Local Aid Fund 100.0% `tc3 DEPARTMENT OF THE ATTORNEY GENERAL. `tc1 0810-0000 `tc4 For the office of the attorney general `tc6 $12,300,000 `tc1 0810-0001 `tc4 For overtime of state police officers assigned to the department of the attorney general, to be in addition to any other funds available for this purpose `tc6 $386,190 `tc1 0810-0014 `tc4 For the expenses incurred by the department pursuant to section eleven E of chapter twelve of the General Laws `tc6 $500,000 `tc1 0810-0021 `tc4 For the expenses of administering the medicaid fraud control unit; provided, that the federal reimbursement for any expenditure for this item shall not be less than seventy-five percent of such expenditure `tc6 $1,329,518 `tc1 0810-0031 `tc4 For the expenses of administering the local consumer aid fund, established by section eleven G of chapter twelve of the General Laws `tc6 $605,901 `tc1 0810-0035 `tc4 For the administration and expenses of the Anti-Trust division `tc6 $346,385 `tc5 Anti-Trust Enforcement Fund 100.0% `tc1 0810-0201 `tc4 For expenses incurred in administrative or judicial proceedings as authorized by sections eleven E and eleven F of chapter twelve of the General Laws `tc6 $400,000 `tc1 0810-0338 `tc4 For the administration and expenses of a program to investigate and prosecute automobile insurance fraud `tc6 $100,000 `tc1 0810-1031 `tc4 For the victim and witness assistance program of the attorney general's office, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws, including salaries and expenses for litigation `tc6 $129,566 `tc5 Victim and Witness Assistance Fund 100.0% `tc1 0830-0100 `tc4 For the administration and expenses of the commission on uniform state laws `tc6 $18,346 `tc1 0840-0100 `tc4 For the administration and expenses of the victim and witness assistance board `tc6 $200,000 `tc5 Victim and Witness Assistance Fund 100.0% `tc3 STATE ETHICS COMMISSION. `tc1 0900-0100 `tc4 For the administration and expenses of the state ethics commission, including not more than twenty-five positions `tc6 $899,979 `tc3 INSPECTOR GENERAL. `tc1 0910-0200 `tc4 For the administration and expenses of the office of inspector general, including not more than twenty-eight positions `tc6 $1,011,238 `tc3 OFFICE OF CAMPAIGN AND POLITICAL FINANCE. `tc1 0920-0300 `tc4 For the administration and expenses of the office of campaign and political finance, including not more than fourteen positions `tc6 $434,528 `tc3 STATE COMPTROLLER. `tc1 1000-0001 `tc4 For the administration of the office, for the purpose of compliance with the Single Audit Act of nineteen hundred and eighty-four, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, in accordance with generally accepted accounting principles; provided, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be credited to and expended from this account without further appropriation, in addition to state funds appropriated to this account, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this account shall be reported to the house and senate committees on ways and means; and provided further, that the comptroller shall maintain a special federal and nontax revenue unit which shall operate under policies and procedures developed in conjunction with the office of purchased services; and provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues, and revenues collected, including not more than one hundred and twenty positions `tc6 $4,886,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Office of the Commissioner. `tc1 1100-1100 `tc4 For the office of the commissioner and the administration of tort claims; provided, that forecasts generated by the state economic model and the governor's revenue advisory board be filed quarterly with the house and senate committees on ways and means, including not more than twenty-five positions `tc6 $1,049,000 `tc2 Office of Quality Assurance. `tc1 1100-1101 `tc4 For the office of quality assurance for mentally retarded class members, which shall be a state office to monitor quality of care provided to retarded citizens who are covered by the consent decrees under Ricci et al v. Callahan et al, including not more than eight positions `tc6 $172,662 `tc2 Office of Dispute Resolution. `tc1 1100-1103 `tc4 For the office of dispute resolution; provided, that the office shall generate at least three hundred thousand dollars from the collection of charges to other agencies, cities, towns, and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation services and other services provided to such entities by said office of dispute resolution, including not more than four positions `tc6 $300,000 `tc1 1100-1400 `tc4 For a payment to the Massachusetts Corporation for Educational Telecommunications to be expended in accordance with a plan that has been filed with the General Court `tc6 $4,000,000 `tc2 Petroleum Product Cleanup Board. `tc1 1100-5240 `tc4 For the purpose of reimbursing parties who have cleaned up spills of petroleum products pursuant to chapter twenty-one J of the General Laws `tc6 $9,660,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc1 1100-5241 `tc4 For the expenses of the underground storage tank petroleum product cleanup fund administrative review board pursuant to chapter twenty-one J of the General Laws `tc6 $120,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc1 1100-5247 `tc4 For a program of grants administered pursuant to section two of chapter twenty-one J of the General Laws and section thirty-seven A of chapter one hundred and forty-eight of the General Laws, for the purposes of removing and replacing underground storage tanks `tc6 $840,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc2 Fiscal Affairs Division. `tc1 1101-2100 `tc4 For the administration of the division, provided, that charges for the cost of computer resources and services provided by the bureau of computer services for the design, development, and production of reports and information required to be included in budgets submitted by the governor to the legislature, shall not be charged to this item; including not more than fifty-five positions `tc6 $2,066,370 `tc2 Office of Management Information Systems. `tc1 1101-2380 `tc4 For the administration of the office of management information systems; provided, that said office of management information systems is hereby authorized and directed to schedule expenditures for any software development project or system purchased for which the total budgeted cost will exceed five hundred thousand dollars; provided further, that said office of management information systems is hereby authorized and directed to continue a chargeback system for its bureau of computer services which complies with the requirements of section eighteen of this act, including not more than two hundred and seventy-five positions `tc6 $10,521,574 `tc2 Division of Capital Planning and Operations. `tc1 1102-3210 `tc4 For the administration of the division of capital planning and operations; including not more than two hundred and ten positions `tc6 $6,590,838 `tc2 Division of Capital Planning and Operations - State Transportation Building. `tc1 1102-3214 `tc4 The division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of four million five hundred thousand dollars from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building, for expenses for the maintenance and operation of said building; provided, that the building manager selected by the division of capital planning and operations shall make such expenditures on behalf of said division pursuant to the provisions of section nine of this act `tc6 $4,500,000 `tc5 State Transportation Building Management Fund 100.0% `tc2 Bureau of State Buildings. `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 fifty thousand dollars be made available for the restoration and preservation of the historic flags displayed in the state house hall of flags; provided further, that the bureau be authorized to expend not more than one hundred sixty thousand dollars in revenue collected as reimbursement for overtime expenses, materials and contract services purchased to perform renovations for agencies occupying state buildings; provided further, that not less than ninety thousand dollars be made available for the Massachusetts art commission; and provided further, that notwithstanding the provisions of section nineteen of chapter six of the General Laws, the chairman of the commission may serve for the duration of the project as executive director of this project and may be compensated therefor from funds appropriated in this item, including not more than one hundred and twenty-five positions `tc6 $10,495,200 `tc1 1102-3302 `tc4 For the purposes of utility costs for the properties managed by the bureau of state buildings and the department of capital planning and operations `tc6 $7,463,137 `tc2 Division of Capital Planning and Operations - Springfield State Office Building. `tc1 1102-5231 `tc4 The division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of five hundred fifty-four thousand nine hundred and sixty-nine dollars accrued from rents charged to agencies occupying the Springfield state office building, for all necessary expenses for the maintenance and operation of said building, pursuant to the provisions of section ten of this act `tc6 $554,969 `tc5 Springfield State Office Building Management Fund 100.0% `tc2 Bureau of Special Investigations. `tc1 1103-5010 `tc4 For the administration of the bureau of special investigations, including not more than one hundred and ten positions `tc6 $3,991,128 `tc2 Department of Procurement and General Services. `tc1 1104-1000 `tc4 For the administration of the department, including not more than one hundred and forty positions `tc6 $3,054,647 `tc1 1104-1007 `tc4 For a division of purchased services, including not more than twenty positions `tc6 $925,621 `tc2 Department of Procurement and General Services - State Surplus Property. `tc1 1104-1091 `tc4 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of forty-eight thousand dollars from the sale of state surplus personal property, for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property, including not more than two positions `tc6 $48,000 `tc2 Department of Procurement and General Services - Federal Surplus Property. `tc1 1104-6601 `tc4 Pursuant to section twenty-one A of chapter eight hundred and eight of the acts of nineteen hundred and eighty-one, chapter four hundred and forty-nine of the acts of nineteen hundred and eighty-four, and section four L of chapter seven of the General Laws, as appearing in the 1988 Official Edition, the department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of five hundred thousand dollars, and the comptroller may certify for payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property, including not more than eight positions `tc6 $500,000 `tc2 Motor Vehicle Procurement Reserve. `tc1 1104-6607 `tc4 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of five hundred thousand dollars from the disposal of surplus motor vehicles, including but not limited to state police vehicles, from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles `tc6 $500,000 `tc2 Office on Disability. `tc1 1107-2400 `tc4 For the office on disability, provided that not less than fifty thousand dollars of the amount appropriated herein shall be expended for arts programs for people with disabilities including, but not limited to festivals, training, advocacy and employment training through the arts, including not more than fifteen positions `tc6 $564,210 `tc2 Disabled Persons Protection Commission. `tc1 1107-2500 `tc4 For the operation of the disabled persons protection commission, including not more than nine positions `tc6 $444,088 `tc1 1107-2550 `tc4 For a reserve to fund certain protective services provided pursuant to assignment by the disabled persons protection commission under the terms of chapter six hundred and fifty-five of the acts of nineteen hundred and eighty-six, said reserve to be administered by the disabled persons protection commission; provided, that funds may be transferred to other items of appropriation with the approval of the secretary of administration and finance `tc6 $78,008 `tc2 Department of Personnel Administration. `tc1 1108-1000 `tc4 For the administration of the department, including the county personnel board; provided, that no funds are obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order 227 adopted on February twenty-fifth, nineteen hundred and eighty-three, as amended; provided further, that the department administer a program of state employee unemployment management, including, but not limited to, agency training and assistance, including not more than thirty positions `tc6 $796,766 `tc5 General Fund 50.0% Local Aid Fund 50.0% `tc1 1108-1002 `tc4 For the administration of the civil service system by the department of personnel administration, including, but not limited to, administration of civil service examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, and technical assistance in selection and appointment to state and municipal appointing authorities; provided, that notwithstanding the provisions of paragraph (n) of section five of chapter thirty-one or of any other general or special law or rule to the contrary, the commissioner of administration shall establish a fee of twenty dollars to be collected from each applicant for a promotional civil service examination, and shall provide for the waiver of said fee in appropriate circumstances, including not more than ninety-five positions `tc6 $2,435,064 `tc5 General Fund 50.0% Local Aid Fund 50.0% `tc1 1108-1003 `tc4 For the administration of the statewide classification system and a municipal classification system, including, but not limited to, maintaining a classification and pay plan for civil service titles within the commonwealth, in accordance with generally accepted compensation standards, and reviewing appeals for reclassification, including not more than twenty-five positions `tc6 $669,637 `tc2 Civil Service Commission. `tc1 1108-1011 `tc4 For the administration of the civil service commission, including not more than eleven positions `tc6 $299,907 `tc1 1108-1214 `tc4 The department of personnel administration is hereby authorized to expend revenues collected up to a maximum of six hundred and seventy-two thousand dollars from the fees charged for civil service examination applications for the administration of the civil service examination program by the department, including not more than five positions `tc6 $672,000 `tc2 Office of Affirmative Action. `tc1 1108-2500 `tc4 For the office of affirmative action, including not more than twelve positions `tc6 $319,332 `tc2 Office of Contract Negotiation. `tc1 1108-3000 `tc4 For the administration of the office of contract negotiation; provided, that during the negotiation of any collective bargaining agreement the commissioner of administration shall file with the house and senate committees on ways and means any and all economic proposals necessary to fund any incremental cost items to be contained in any and all collective bargaining proposals or counter proposals which the administration offers or intends to offer to the various classified public employees' unions with which it negotiates; provided further, that the nature and scope of such economic proposals shall include all fixed percentage or dollar base rate salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs, including not more than twenty positions `tc6 $626,223 `tc1 1108-3200 `tc4 For the purposes of the commonwealth's contributions for the fiscal year nineteen hundred and ninety-two to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that said contributions shall be calculated as provided in the applicable collective bargaining agreement, and shall be paid to such trust funds on a monthly basis, or on such other basis as the applicable collective bargaining agreement provides `tc6 $14,700,000 `tc2 Teachers' Retirement Administration. `tc1 1108-4010 `tc4 For the administration of the bureau of teachers' retirement; provided, that the General Fund shall be reimbursed for the amount of this appropriation pursuant to clause (a) of subdivision (7) of section twenty-two of chapter thirty-two of the General Laws, as amended by this act, including not more than forty-five positions `tc6 $1,090,144 `tc2 Group Insurance Commission. `tc1 1108-5100 `tc4 For administration of the group insurance program; provided, that said commission shall generate two hundred ten thousand dollars from the percentage applicable premium allowed by the federal consolidated omnibus budget reconciliation act, as amended, and from reimbursements received pursuant to sections eight, ten B, ten C, and twelve of chapter thirty-two A of the General Laws, including not more than seventy-six positions `tc6 $1,791,000 `tc1 1108-5200 `tc4 For the commonwealth's share of the group insurance premium and plan costs to be administered by the group insurance commission; provided, that not more than four hundred thousand dollars shall be obligated for the evaluation and audit of said premium and plan costs; provided further, that not more than four hundred and fifty thousand dollars shall be obligated for the development and evaluation of alternatives which may include preferred provider organizations, point of service health maintenance organizations, cafeteria plans, or other such arrangements as will best and most efficiently extend managed care services to all state employees and retirees; provided further, that not more than two hundred thousand dollars shall be obligated for the evaluation and negotiation of premium rates which may include rates for health benefit plans, mail order prescription drug plans and long-term disability plans; provided further, that not more than one hundred and fifty thousand dollars shall be obligated for claims utilization analysis; provided further, that the budget bureau shall charge the department of employment and training and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of the cost of the program as it determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from several state or other funds, and amounts received in payment of all such charges of such transfers shall be credited to the General Fund; and the group insurance commission shall obtain reimbursement for premium and administrative expenses from other non-state funded agencies and authorities; provided further, that notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts prior to July first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; provided further, that the commonwealth's share of the group insurance premium as provided in section eight of said chapter thirty-two A and for the purposes of section fourteen of said chapter thirty-two A shall be ninety percent of the total monthly premiums and rates as established by the commission; provided further, that employees of the Massachusetts Bay Transportation Authority and of regional transit authorities shall pay at least ten percent of the total monthly premium and rates as established by the commissioner effective July first, nineteen hundred and ninety-one; provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother; provided further, that the commission shall notify the house and senate committees on ways and means by April fifteenth of each year, of the commonwealth's actual cost of its share of group insurance premiums for the next fiscal year; and provided further, that for the purpose of accommodating the delayed receipt of revenues to be retained in item 1108-5300, an amount not to exceed two million dollars may be transferred from item 1108-5200 to item 1108-5300, provided that all excess revenues, if any, shall be returned to item 1108-5200, from retained revenues otherwise authorized to be credited to 1108-5300, no later than June thirtieth, nineteen hundred and ninety-two `tc6 $415,268,910 `tc1 1108-5300 `tc4 The group insurance commission is hereby authorized to expend revenues collected up to a maximum of three million eight hundred sixty-seven thousand nine hundred and forty dollars, from charges to cities, towns or districts for the group insurance premium for certain retired employees and their dependents and the audit of said premium; provided, that notwithstanding any other provisions of this section, any remaining balance at the end of fiscal year nineteen hundred and ninety-one of the amounts available to be expended without further appropriation shall not revert to the General Fund, but shall be available for the purposes provided herein during fiscal year nineteen hundred and ninety-two; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $3,867,940 `tc1 1108-5400 `tc4 For the group insurance premium for certain retired municipal teachers and their dependents, and the audit of said premium; provided, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $16,377,730 `tc2 Public Employee Retirement Administration. `tc1 1108-6100 `tc4 For the administration of a division of public employee retirement, including the establishment of regional medical panels, pursuant to chapter six hundred and ninety-seven of the acts of nineteen hundred and eighty-seven, including not more than sixty-eight positions `tc6 $2,198,193 `tc1 1108-6150 `tc4 For the administration of the worker's compensation costs of public employees, including personnel costs `tc6 $632,166 `tc1 1108-6200 `tc4 For the purposes of workers' compensation paid to public employees, including prior fiscal years; provided, that not more than five hundred thousand dollars be expended for the purposes of a workers' compensation investigatory unit, including not more than fourteen positions `tc6 $32,244,920 `tc5 Highway Fund 35.0% General Fund 65.0% `tc2 Division of Administrative Law Appeals. `tc1 1110-1000 `tc4 For the administration of the division of administrative law appeals established by section four H of chapter seven of the General Laws; provided, that notwithstanding any provision of law to the contrary, the cost of services rendered to any office or agency for an appeal shall be charged to such office or agency, such charges to include an allowance for overhead as determined by the commissioner of administration; provided further, that the payments for such services shall be paid to the General Fund; and provided further, that no such service shall be provided without a written contract filed with the comptroller, including not more than thirteen positions `tc6 $472,146 `tc2 George Fingold Library. `tc1 1120-4005 `tc4 For the administration of the library; provided, that not less than one hundred thousand dollars be obligated for the purchase of books, periodicals, and microfilms to maintain a current government research library collection, including not more than thirty positions `tc6 $733,218 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5100 `tc4 For the office of the commission; provided, that all positions except clerical are exempted from the provisions of chapter thirty-one of the General Laws; provided further, that said commission shall pursue the highest rate of federal reimbursement per charge allowable; provided further, that at least ninety-six thousand dollars be obligated for the investigation of housing discrimination complaints; and provided further, that the division of registration shall generate at least ninety-six thousand dollars from collection of the licensing fee assessed to the state's real estate brokers and agents, including not more than thirty positions `tc6 $1,052,824 `tc1 1150-5200 `tc4 For the office of Indian Affairs, including not more than one position `tc6 $52,000 `tc2 Department of Revenue. `tc1 1201-0100 `tc4 For the administration of the department, including audits of certain foreign corporations; provided, that the comptroller shall transfer to the General Fund the sum of two hundred and sixty thousand dollars from the receipts of the cigarette tax in accordance with the provisions of paragraph (b) of section fourteen of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided further, that the department may allocate an amount not to exceed two hundred fifty thousand dollars to the department of the attorney general for the purpose of the tax prosecution unit, including not more than two thousand and ten positions `tc6 $104,797,690 `tc5 Highway Fund 10.0% General Fund 90.0% `tc2 Child Support Enforcement. `tc1 1201-0160 `tc4 For the administration of the child support enforcement unit; provided, that the department may enter into contracts with private collection agencies for the purpose of obtaining collections from absent parents; provided further, that the department may allocate these funds to the division of state police, the district courts, the probate and family court department, the district attorneys, and other state agencies for the performance of certain child support enforcement activities, and that these agencies are hereby authorized to expend such amounts for the purposes of this item; provided further, that not less than four hundred thousand dollars be made available for the procurement of goods and services associated with the enhancement and/or development of the child support computer network; provided further, that no monies appropriated for the child support computer network will be expended without the written receipt and approval from the federal government of the department's Advanced Planning Document (APD); provided further, that federal receipts associated with said network are deposited in a revolving account to be drawn down at an enhanced rate of reimbursement and to be expended for the network; provided further, that the department shall file quarterly status reports on the progress of said network with the house and senate committees on ways and means; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts, and year-to-date and projected expenditures, by subsidiary, of the child support trust fund pursuant to section nine of chapter one hundred and nineteen A of the General Laws; and provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-one detailing current staffing levels, by function, and performance indicators, including but not limited to AFDC and non-AFDC caseloads, collection levels, court cases filed, paternities established, court orders established, average employee workload, resulting federal reimbursements, projections of the aforementioned indicators for the remainder of the fiscal year, and any deviations of current performance from previous projections, including not more than six hundred and twenty positions `tc6 $19,667,663 `tc2 Local Services. `tc1 1231-0100 `tc4 For the administration of the bureaus of municipal data management and technical assistance, property tax, local assessment and accounts, including the expense of auditing municipal accounts where the circumstances require state assistance to accomplish a specific purpose in the protection of the public interest, for the operation of technical assistance and educational programs for financial officials of the cities and towns, for the monitoring of municipal audits performed by independent public accountants, for the supervision of the installation of accounting systems meeting generally accepted accounting principles, and for the expenses of materials which may be sold to cities and towns, including the expenses for developing and implementing a comprehensive and voluntary program of technical assistance and training for cities, towns and districts in local property tax assessment administration and accounting and financial management review; provided, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing those cities, towns, and districts receiving services including the cost and nature of said services; and provided further, that the department shall provide the legislature with access to the municipal data bank, including not more than one hundred and fifteen positions `tc6 $5,478,587 `tc5 Local Aid Fund 100.0% `tc2 Bureau of Local Taxation. `tc1 1233-2000 `tc4 For reimbursing cities and towns for abatements granted `tc6 $5,200,000 `tc5 Local Aid Fund 100.0% `tc1 1233-2310 `tc4 For reimbursing cities and towns for taxes abated under clauses forty-one, forty-one B and forty-one C of section five of chapter fifty-nine of the General Laws; provided, that the commonwealth shall reimburse each city or town that accepts the provisions of clause forty-one B or forty-one C for additional costs incurred in determining eligibility of applicants under said clauses in an amount not to exceed two dollars per exemption granted `tc6 $15,000,000 `tc5 Local Aid Fund 100.0% `tc2 Appellate Tax Board. `tc1 1310-1000 `tc4 For the personal services and expenses of the board; provided, that that the board schedule hearings in Barnstable, Lawrence, Pittsfield, Worcester and Springfield, including not more than thirty-two positions `tc6 $998,024 `tc2 Miscellaneous. `tc1 1599-0002 `tc4 For the payment of miscellaneous obligations of the commonwealth, including contributions toward the maintenance of the old provincial state house, for certain annuities and pensions of soldiers and others under the provisions of certain acts and resolves, for claims authorized by section one hundred and forty-nine D of chapter one hundred and seventy-five of the General Laws and for reimbursement for funds previously deposited in the treasury and escheated to the commonwealth, for claims for unpaid checks with certification of the state treasurer to the comptroller of the amount due, and for the payment of expenses of prior fiscal years for which no funds are available in the current fiscal year; provided, that no payment shall be made unless the subsidiary account item to which the deficiency is to be charged contained a balance sufficient to meet the required payment; and provided further, that the comptroller is hereby authorized to certify such payments to the several state or other funds to which the items of appropriation are charged `tc6 $58,500 `tc1 1599-0013 `tc4 For a reserve for the cities and towns' unemployment health insurance contributions due under section fourteen G of chapter one hundred and fifty-one A of the General Laws; provided, that the commissioner of the department of employment and training shall provide to the secretary of administration and finance and the house and senate committees on ways and means quarterly estimates of the contributions due; provided further, that upon approval of the secretary of administration and finance, the treasurer shall transfer funds from this account to the medical security trust fund established in chapter one hundred and eighteen F of the General Laws `tc6 $3,800,000 `tc5 Local Aid Fund 100.0% `tc1 1599-0035 `tc4 For certain debt service contract assistance to the Massachusetts Convention Center Authority in accordance with the provisions of section thirty-nine I of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two `tc6 $21,891,528 `tc1 1599-0036 `tc4 For the expenses of the Massachusetts Convention Authority; provided however, that expenditures from this item shall be made only in the amount certified by an independent public accounting firm, retained by the commissioner of administration at his expense, as the amount of the reasonable operating deficit of the John B. Hynes Veterans Memorial Convention Center less any net revenue generated by the Boston Common Garage as operated by the authority; and provided further, that the members of the board of the authority shall approved the budget and marketing plans submitted by the executive director of the authority `tc6 $5,000,000 `tc1 1599-3320 `tc4 For the expenses of the New England Board of Higher Education and for the expenses of the members of said board `tc6 $454,131 `tc1 1599-3407 `tc4 For the purpose of municipal reimbursements to be paid according to the provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three; provided further, that of the sum appropriated herein, not less than one hundred thousand dollars shall be available to reimburse cities and towns for the school breakfast act `tc6 $400,000 `tc5 Local Aid Fund 100.0% `tc1 1599-3408 `tc4 For a reserve to fund the collective purchase of motor vehicle equipment, including both passenger and non-passenger vehicles, for all agencies; provided, that the commissioner of administration shall establish a control system for the expenditures of funds from this line item and shall for said purpose review and approve or disapprove all requests from agencies to replace or purchase new motor vehicle equipment `tc6 $687,216 `tc5 Highway Fund 50.0% General Fund 50.0% `tc1 1599-3725 `tc4 For a reserve to meet the cost of salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the commonwealth of Massachusetts and the Coalition of Public Safety (Unit 5); and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments or benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated to the following items of appropriation and allocations thereof: the Bureau of Special Investigations, the Alcoholic Beverages Control Commission, the Transportation Division of Consumer Affairs, the Hunter Safety Training Program, for the fiscal year nineteen hundred and ninety-two such amounts as are necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged `tc6 $206,000 `tc1 1599-3850 `tc4 For emergency assistance to needy cities and towns with serious financial emergencies; provided that, such emergencies shall be certified after study and analysis by the division of local services of the department of revenue; provided further, that such cities and towns shall develop and implement financial management plans approved by said division to remediate the cause of such financial emergencies; provided, however, that no such city or town may receive more than twenty percent of the total appropriation; and provided further, that the house and senate committees on ways and means and the commissioner of administration and finance shall be notified at least fifteen days prior to the approval of any distribution of monies from this account to any such city or town `tc6 $10,000,000 `tc5 Local Aid Fund 100.0% `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) a program of coastal zone management; 3) a program of review of environmental impact reports pursuant to chapter thirty of the General Laws; and 4) a geographic information system for environmental data in Massachusetts; 5) a program of mosquito-borne disease vector control, including not more than forty-nine positions `tc6 $1,896,040 `tc5 General Fund 85.0% Local Aid Fund 15.0% `tc1 2001-1001 `tc4 The secretary of environmental affairs may expend an amount not to exceed one hundred seventy thousand dollars accrued from 1) the rendering of data processing services to state agencies, authorities and units of government within the commonwealth; provided, that the comptroller is hereby authorized to allocate the cost of such data processing services to the several state and other funds to which items of appropriation of such other agencies are charged and 2) the distribution of digital cartographic and other data; and 3) the review of environmental notification forms pursuant to the Massachusetts Environmental Policy Act, for staff and for printing of the MEPA monitor `tc6 $170,000 `tc1 2010-0100 `tc4 For programs and projects in the management of solid waste and for environmental protection; for the operation of the Springfield Recycling Facility, and for grants to cities and towns to promote and develop local and regional recycling programs; provided, that the grants shall be awarded by the secretary of environmental affairs in consultation with the advisory committee appointed by said secretary consisting of three statewide environmental groups; provided further, that said grant awards shall be filed with the house and senate committees on ways and means `tc6 $2,368,000 `tc5 Clean Environment Fund 100.0% `tc1 2020-0100 `tc4 For the purposes of the office of toxics use reduction assistance and technology, in accordance with the provisions of chapter twenty-one I of the General Laws, including not more than ten positions `tc6 $1,300,000 `tc5 Toxics Use Reduction Fund 100.0% `tc2 Hazardous Waste Facility Site Safety Council. `tc1 2050-0100 `tc4 For the administration of the hazardous waste facility site safety council, in accordance with the provisions of chapter twenty-one D of the General Laws, including not more than four positions `tc6 $157,296 `tc1 2050-0200 `tc4 For a technical assistance grant as authorized in chapter twenty-one D of the General Laws, to the town of Orange; providing, that the awarding of such a grant shall meet with the prior approval of the secretary of the executive office of environmental affairs `tc6 $88,500 `tc1 2060-0100 `tc4 For the purpose of implementing the management plan adopted pursuant to section twelve of chapter one hundred eleven H of the General Laws and for carrying out the powers and duties conferred by said chapter one hundred eleven H; provided that amounts appropriated herein are reimbursed by the Low Level Radioactive Waste Management Fund, including not more than six positions `tc6 $500,000 `tc3 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2100-0000 `tc4 For the statewide operation of the department; provided, that funds appropriated herein be used to provide a comprehensive program of natural resource protection and management; a program of forest and parks services, including fire prevention and control, forest and insect pest control, shade tree management and recreation; a program of water resource management, river basin planning, flood control, and well drilling; a program of pier management, waterways and coastal improvement; a program of natural resources planning and development; and a program of waste minimization; provided further, the department is hereby authorized to enter into agreements at the request of host municipalities or local commissions to operate the department's heritage state parks for fiscal year nineteen hundred and ninety-two; provided further, that notwithstanding the provisions of section three B of chapter seven of the General Laws as most recently amended by section four of chapter six of the acts of nineteen hundred and ninety-one, the commissioner of the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents, leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the department; provided further, that the department submit quarterly reports to the house and senate committees on ways and means regarding fee increases; provided that not less than eight thousand five hundred and eighty dollars be expended for the expenses of the North River Commission; provided further, that one million dollars be expended on peak season employees; provided that the department of environmental management shall conduct a study to determine the feasibility of expanding the Auburn and Marlborough state skating rinks and report its findings to the house and senate committees on ways and means by December thirty-first, nineteen hundred and ninety-one; and provided further, that the commissioner of the department shall submit to the house and senate committees on ways and means on or before October fifteenth, nineteen hundred and ninety-one, a plan for the distribution of the funds appropriated herein among the major programs as set forth above, such plan to include a narrative statement for each program, the number of personnel to be assigned to each program, and a subsidiary account analysis, including not more than six hundred and twenty positions; provided further, that a sum not to exceed one hundred thousand dollars be expended for the administration of the Martha's Vineyard Commission `tc6 $16,048,000 `tc5 Local Aid Fund 97.0% Highway Fund 3.0% `tc1 2100-0001 `tc4 For the maintenance and operation of the department of environmental management's division of parks; provided, that monies appropriated herein shall not be available for expenditure until October first, nineteen hundred and ninety-one; provided further, that funds appropriated herein shall not be expended until sufficient revenue is present in the environmental management revolving fund to provide for expenses; and provided further, that any reductions in revenue estimates contained in the department's quarterly financial report shall be commisurately reduced, dollar for dollar, from this item of appropriation `tc6 $8,200,000 `tc5 Environmental Management Revolving Fund 100.0% `tc3 DEPARTMENT OF ENVIRONMENTAL PROTECTION. `tc2 Office of the Commissioner. `tc1 2200-0100 `tc4 For the administration of the department, including the following programs: 1) the division of water pollution control; 2) the division of water supply; 3) the division of solid waste; 4) the division of hazardous waste; 5) the division of wetlands and waterways; 6) the division of air quality control; 7) the Lawrence Experimental Station; 8) a contract with the University of Massachusetts for environmental research; provided, that the provisions of section four of chapter six of the acts of nineteen hundred and ninety-one shall not apply of fees established pursuant to section eighteen of chapter twenty-one A of the General Laws; provided further, that the commissioner of the department shall submit to the house and senate committees on ways and means on or before October fifteenth, nineteen hundred and ninety-one, a plan for the distribution of the funds appropriated herein among the major programs as set forth above, such plan to include a narrative statement for each program, the number of personnel to be assigned to each program, and a subsidiary account analysis for each program; provided further, that the one million six hundred thousand dollars appropriated herein from the clean environment fund shall be expended for the operations of the division of solid waste; provided further, that if personnel reductions are required, the department shall take all appropriate steps to mitigate any reductions in permitting and compliance personnel, including not more than five hundred and thirty positions `tc6 $16,750,390 `tc5 General Fund 90.5% Clean Environment Fund 9.5% `tc1 2200-0102 `tc4 The department of environmental protection may expend an amount not to exceed one million dollars for the elimination of the wetlands permit backlog and the administration of the division of wetlands and waterways from revenues collected from license fees, permit fees, and inspection fees issued or undertaken by said division, excluding any fines, penalties, or fees credited to the environmental challenge fund, provided, that fees collected herein may be expended on personnel `tc6 $1,000,000 `tc1 2200-0103 `tc4 The department of environmental protection may expend an amount not to exceed seven million two hundred eighty-one thousand four hundred twenty-five dollars for the implementation and administration of the department's permitting, compliance, enforcement, and regulatory programs from revenues collected from license and registration fees, permit fees, and inspection and compliance fees issued or undertaken by said department, excluding any fines, penalties, or fees credited to the environmental challenge fund, or collected pursuant to paragraph seven of section seven of chapter twenty-one C of the General Laws; provided, that fees collected herein may be expended on personnel `tc6 $7,281,425 `tc5 Environmental Permitting & `tc5 Compliance Fund 100.0% `tc1 2210-0100 `tc4 For the implementation and administration of chapter twenty-one I of the General Laws, including not more than eight positions `tc6 $627,711 `tc5 Toxic Use Reduction Fund 100.0% `tc1 2260-8870 `tc4 For the expenses of a hazardous waste cleanup program, as authorized by chapter twenty-one E of the General Laws; provided, that monies appropriated herein from the general fund shall not be available for expenditure after January first, nineteen hundred and ninety-two; provided further, that the governor shall file legislation with the office of the clerk of the house of representatives relative to recommending the establishment of a long-term funding mechanism to provide new revenues to the environmental challenge fund to meet the expenses of the administration of said hazardous waste cleanup program on or before September first, nineteen hundred and ninety-one; provided further, that said long-term funding mechanism shall not include the utilization of general fund revenues; provided further, that three million dollars authorized in section two of chapter three hundred four of the acts of nineteen hundred eighty-seven shall be made available for the operating purposes of said hazardous waste cleanup program and shall be deemed expenditures from the environmental challenge fund, including not more than four hundred and sixty positions `tc6 $9,644,515 `tc5 Environmental Challenge Fund 70.0% `tc5 General Fund 30.0% `tc1 2260-9000 `tc4 For the administration of an underground storage tank petroleum product cleanup fund, in accordance with the provisions of chapter twenty-one J of the General Laws; provided, that funds appropriated herein may be used to fund personnel of the office of incident response `tc6 $240,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc2 Division of Watershed Management. `tc1 2420-1400 `tc4 For the operation and maintenance of the watershed management division, provided, that not more than twenty-two positions shall be filled by watershed management police personnel; and provided further, that one hundred eighty-two thousand dollars be expended for maintaining the three fishing areas at the Quabbin Reservoir and Comet Pond Beach, including the costs of seasonal personnel, supplies and equipment necessary to operate said facilities, including not more than one hundred and sixty positions `tc6 $6,500,000 `tc5 Watershed Management Fund 100.0% `tc2 Metropolitan Parks District. `tc1 2440-0010 `tc4 For the administration of the metropolitan district commission parks and recreation division, for maintenance of parks, reservations and the Charles River Basin, for the operation and maintenance of the southwest corridor park system, for the division of central services, reservation and interpretive services division, and division of highways, for the maintenance of boulevards, parkways, locks, bridges and dams, for the maintenance of vehicles and metropolitan district commission garages, and the purchase of supplies and equipment; provided, that the commission shall open a designated number of rinks on October first, nineteen hundred and ninety-one; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that five hundred thousand dollars be expended on peak season employees; and provided further, that funds appropriated herein for personnel and expenses of those who work at the Metro Park Zoos may be transferred to line item 2443-2000 when said personnel are formally transferred to the Commonwealth Zoological Corporation, including not more than five hundred and twenty-five positions `tc6 $21,300,000 `tc5 Local Aid Fund 31.8% Highway Fund 68.2% `tc2 State Reclamation Board. `tc1 2520-0100 `tc4 For the administration of the board, including not more than one position `tc6 $41,875 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-0107 `tc4 For a reserve to undertake a program to control the spread of eastern equine encephalitis while ensuring maximum environmental protection; provided, that amounts expended herein shall be at the request of municipal governing bodies and the costs of such requests shall be assessed upon the municipality's cherry sheet so-called, as distributed by the department of revenue; provided further, that requests for expenditures from this reserve shall be submitted to the state reclamation board before May first, nineteen hundred and ninety-two; provided further, that the department of public health shall be notified prior to implementing encephalitis control measures under said program in any municipality `tc6 $2,200,000 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 `tc4 For the expenses of the following mosquito control projects; provided, that persons employed in these projects shall be exempt from the provisions of section twenty-nine A of chapter twenty-nine of the General Laws: `tc1 2520-0300 `tc4 Cape Cod `tc6 $777,269 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-0900 `tc4 Suffolk County `tc6 $166,859 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1000 `tc4 Central Massachusetts `tc6 $562,894 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1100 `tc4 Berkshire County `tc6 $66,792 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1200 `tc4 Norfolk County `tc6 $413,240 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1300 `tc4 Bristol County `tc6 $448,140 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1400 `tc4 Plymouth County `tc6 $537,455 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc1 2520-1500 `tc4 Essex County `tc6 $306,028 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc3 DEPARTMENT OF FISHERIES, WILDLIFE AND ENVIRONMENTAL LAW ENFORCEMENT. `tc2 Office of the Commissioner. `tc1 2300-0100 `tc4 For the office of the commissioner, including not more than six positions `tc6 $250,435 `tc1 2300-0101 `tc4 For a program of Riverways protection, restoration and promotion of public access to rivers, including not more than four positions; provided that the positions shall not be subject to the provisions of chapter thirty-one `tc6 $135,957 `tc5 Public Access Fund 100.0% `tc2 Division of Fisheries and Wildlife. `tc1 `tc4 Federal funds received as reimbursements for expenditures from the following items shall be credited as income to the Inland Fisheries and Game Fund. `tc1 2310-0200 `tc4 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds, and rivers, for fish and wildlife restoration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal aid to fish and wildlife restoration act; provided, that an amount shall be used by the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research; provided further, that expenditures for such programs shall be contingent upon prior approval of proper federal authorities for reimbursement of at least seventy-five percent of the amount expended; provided further, that the division shall expend an amount not to exceed two hundred thousand dollars for the costs of preparation of printed publication materials, supplies, and equipment incidental thereto; provided further, that not more than two hundred thousand dollars may be expended for a program of acid rain monitoring; and provided further, that not more than fifty-seven thousand five hundred dollars shall be expended for a program of investigating fishkills, including not more than one hundred and forty positions `tc6 $5,958,185 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0314 `tc4 For the purchase of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections two and two A of chapter one hundred and thirty-one of the General Laws `tc6 $2,000,000 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0315 `tc4 For a waterfowl management program established pursuant to section eleven of chapter one hundred and thirty-one of the General Laws `tc6 $123,000 `tc5 Inland Fisheries and Game Fund 100.0% `tc1 2310-0500 `tc4 For the expenses of a state funded program in natural heritage and environmental assessment, including not more than five positions `tc6 $179,320 `tc5 Inland Fisheries and Game Fund 50.0% Natural Heritage and Endangered Species Fund 50.0% `tc1 2315-0100 `tc4 For the administration of a program of non-game management and research, including not more than five positions `tc6 $377,054 `tc5 Natural Heritage and Endangered Species Fund 100.0% `tc2 Public Access Board. `tc1 2320-0100 `tc4 For the maintenance, operation, acquisition, and improvement of public access land and water areas, as authorized by section seventeen A of chapter twenty-one of the General Laws, including not more than four positions, provided that such positions shall not be subject to the provisions of chapter thirty-one, prior appropriations continued `tc6 $500,000 `tc5 Public Access Fund 100.0% `tc1 2320-0101 `tc4 The public access board of the department of fisheries, wildlife and environmental law enforcement may expend an amount not to exceed three hundred thousand dollars accrued from Federal reimbursements from federal Aid in Sportfish Restoration Act, so defined in 16 USC 777-77k, the Wallop/Breaux Fund, so-called, for a program of enhancement and development of boating access to coastal and inland waters of the commonwealth `tc6 $300,000 `tc2 Division of Marine Fisheries. `tc1 2330-0100 `tc4 For the administration of the division, including expenses of the Cat Cove marine research laboratory, marine research program, a commercial fisheries program, a shellfish management program including coastal area classification, mapping activities, and technical assistance, and for the operation of the Newburyport Shellfish Purification Plant and shellfish classification program; provided, that the division conduct a long-term contaminant monitoring program in Boston and Salem harbors; provided further, that family use areas and recreational shellfish areas that are set aside and cultivated, propagated or protected under the funding or provisions of this item shall be open to all inhabitants of the commonwealth upon payment of a reasonable fee; provided further, that three hundred thousand dollars be expended on a recreational fisheries program to be reimbursed by federal funds; and provided further, that the Newburyport Shellfish Purification Plant shall generate not less than one hundred fifteen thousand dollars, including not more than eighty-three positions `tc6 $3,203,033 `tc5 Marine Fisheries Fund 100.0% `tc1 2330-0311 `tc4 The division of marine fisheries of the department of fisheries, wildlife, and environmental law enforcement may expend an amount not exceeding seven hundred thousand dollars from revenues accrued from federal reimbursements, from the Federal Aid in Sportfish Restoration Act, as defined in 16 USC 777-777k, the Wallop/Breaux Fund, so-called, and not more than one hundred thousand dollars from revenues generated from chapter one hundred and thirty, sections eighty and eighty-three of the General Laws, for a program of enhancement and development of marine recreational fishing and related programs and activities including the cost of equipment maintenance, staff, and the maintenance and updating of data `tc6 $800,000 `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 thirty-five positions `tc6 $5,748,465 `tc5 Inland Fisheries and Game Fund 15.0% General Fund 15.0% Environmental Law Enforcement Fund 70.0% `tc1 2350-0101 `tc4 For the hunter safety training program, including four positions `tc6 $211,081 `tc5 Inland Fisheries and Game Fund 100.0% `tc3 THE METROPOLITAN DISTRICT COMMISSION. `tc1 2410-1000 `tc4 For general administration of the commission; provided, that the division of the metropolitan police shall enter into an inter-agency agreement with the commission pursuant to police coverage on commission properties and parkways and the commission's payment of repairs and other related costs on said division's vehicles; provided further, that notwithstanding the provisions of section three B of chapter seven of the General Laws as most recently amended by section four of chapter six of the acts of nineteen hundred and ninety-one, the commissioner of the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents, leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the commission; provided further, that a quarterly report be submitted to the house and senate committees on ways and means regarding fee increases; provided further, that administrative costs incurred in this line-item for the watershed division shall be charged to line-items 2420-1400 of section two of this act, including not more than twenty-five positions `tc6 $994,760 `tc5 Local Aid Fund 75.0% Highway Fund 25.0% `tc1 2410-1001 `tc4 The office of the commissioner of the metropolitan district commission is hereby authorized to expend for the operation and maintenance of the commission's telecommunication system, two hundred fifty thousand dollars from revenues received from the Massachusetts water resources authority, the Massachusetts convention center, the department of public works' Central Artery/Third Harbor Tunnel Project, so-called, the metropolitan district police division, and other public, quasi-public, and private entities through a system of user related fees and charges established by the commissioner; provided, that nothing in this section shall impair or diminish the rights of all current users of the system pursuant to use agreements which have been entered into with the metropolitan district commission provided, that this line-item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the commission to maintain its telecommunications system `tc6 $250,000 `tc1 2440-0012 `tc4 For the maintenance and operation of the metropolitan district commission's division of parks and recreation; provided, that one million eight hundred thousand dollars be expended for the operations of the commission's skating rinks; provided further, that monies appropriated herein shall not be available for expenditure until October first, nineteen hundred and ninety-one; provided further, that funds appropriated herein shall not be expended until sufficient revenue is present in the metropolitan parks revolving fund to provide for expenses; and provided further, that any reductions in revenue estimates contained in the department's quarterly financial report shall be commisurately reduced, dollar for dollar, from this item of appropriation `tc6 $1,500,000 `tc5 Metropolitan Parks Revolving Fund 100.0% `tc1 2440-0045 `tc4 For payment to the city of Boston for maintenance and operation of the James Michael Curley recreation center `tc6 $286,232 `tc5 Local Aid Fund 100.0% `tc1 2443-2000 `tc4 For the operation and administration of the Commonwealth Zoological Corporation, as established by chapter six of the acts of nineteen hundred and ninety-one, including not more than eighty-five positions; provided, however, the sums appropriated herein shall be expended solely for the operation and administration of the Franklin Park Zoo until a budget has been adopted by the corporation `tc6 $2,187,599 `tc1 2444-9001 `tc4 For the construction, reconstruction, and improvement of boulevards, parkways, bridges, and related appurtenances; provided, that of the amount appropriated herein, not more than three hundred thousand dollars shall be expended for the expenses of snow and ice control on commission parkways and boulevards, including the costs of sand, salt, and other control chemicals `tc6 $1,741,000 `tc5 Highway Fund 100.0% `tc1 2444-9004 `tc4 For certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill Center `tc6 $300,000 `tc5 Local Aid Fund 100.0% `tc1 2444-9005 `tc4 For the operation of street lighting on the metropolitan district commission parkways `tc6 $2,100,000 `tc5 Highway Fund 100.0% `tc1 2460-1000 `tc4 For the maintenance of construction division; provided, that costs incurred by the division from services provided to the watershed division shall be charged to line-items 2420-1400 of section two of this act, including not more than one hundred and one positions; provided, that notwithstanding any general or special law to the contrary, all officers and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws `tc6 $2,727,942 `tc5 Highway Fund 80.0% Local Aid Fund 20.0% `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 thirteen positions `tc6 $509,691 `tc2 Division of Regulatory Services. `tc1 2511-3000 `tc4 For the administration of the division, including the pesticide bureau, the bureau of plant pest control and farm products, the bureau of dairying and milk marketing, the "rights of way" program, integrated pest management programs, a program of laboratory services at the University of Massachusetts at Amherst, and inspection services of the division, including not more than thirty-nine positions `tc6 $1,578,278 `tc1 2511-3002 `tc4 For a program to support by means of agreements, contracts and grants the development of integrated pest management systems in Massachusetts agriculture, including the use of biological control; provided, that the purposes of said program shall be to establish the levels of tolerable damage to crops or other assets, evaluate all methods of pest control as means to be employed in order that said level of damage is not exceeded, and address the problems posed by the use of pesticides in terms of their risks and costs to farmers `tc6 $350,000 `tc2 Division of Agricultural Development. `tc1 2511-4000 `tc4 For the administration of the division, and for the expenses of the bureau of markets and the bureau of land use; provided, that not less than two hundred twenty-five thousand dollars be expended for the farmer's market coupon program, including the promotion of Massachusetts agriculture, including not more than fifteen positions `tc6 $698,444 `tc2 Division of Animal Health. `tc1 2515-1000 `tc4 For the administration of the division and for the inspection of poultry products, and for the administration of the bureau of equine activities, including not more than twenty-two positions `tc6 $745,490 `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 one hundred ten thousand dollars shall be used for certain prizes; and provided further, that funds shall be used for rehabilitation purposes, including not more than one position `tc6 $149,600 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3000-0100 `tc4 For the office of the secretary, and the general administration of the department; provided, that sufficient funds shall be utilized to satisfy the requirements of title I of the federal housing and community development act, including not more than seventy-five positions `tc6 $2,420,000 `tc1 3722-8878 `tc4 For the rental development action loan program; provided, that notwithstanding any general or special law to the contrary, no new commitments, contracts, or renegotiations of existing contracts resulting in an increased cost shall be entered into during fiscal year nineteen hundred and ninety-two or any subsequent fiscal year; provided further, that the secretary is hereby authorized and directed to review all amounts disbursed through this program in the four fiscal years previous to the effective date of this act and to recover all excess funds disbursed; provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said amounts; and provided further, that only contracts signed previous to June twenty-fourth, nineteen hundred and ninety-one shall be funded `tc6 $2,498,121 `tc1 3722-8880 `tc4 For the homeownership opportunity program; provided, that all sums appropriated herein shall be used to write down interest rates on soft second mortgage loans for low and moderate income first time home buyers; provided further, that the total payment obligations of homeownership opportunity program contracts do not exceed fifteen million dollars `tc6 $1,000,000 `tc1 3722-9002 `tc4 For certain financial assistance for housing projects for veterans `tc6 $2,977,456 `tc1 3722-9024 `tc4 For payments to housing authorities and non-profit organizations operating family housing for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections thirty-two and forty of chapter one hundred and twenty-one B of the General Laws; provided, that the executive office of communities and development may expend the funds appropriated herein for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve and capital reserve included in the budget of the housing authorities; and provided further a sum of twenty-two million four hundred sixty-nine thousand two hundred forty-six dollars shall be spent on these payments. And, for a program of rental assistance for families and elderly of low-income; provided, that of the funds appropriated herein, seventy million four hundred seven thousand six hundred thirty dollars shall be deposited in an individual allocation account for the purposes of said rental assistance program; provided that not more than five percent of the amount expended for said rental assistance program may be used for the administration of said program; provided further, that notwithstanding any provision of law to the contrary, first preference for admission shall be granted to the eligible elderly; provided further, that the executive office of communities and development shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures, the number of certificates awarded and the number of new and existing units leased; provided further, that the house and senate committees on ways and means shall be notified within fifteen days of any transfer of funds between allocation accounts as set forth in this item; and provided further, that the executive office of communities and development shall conduct or contract for, no less than semi-annually, rent surveys for the purpose of determining the maximum allowable rent available under the rental assistance program; provided further, that notwithstanding any general or special law, rule or regulation to the contrary the department shall reduce the average monthly rents by one hundred dollars by September 1, 1991. And, for a program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207, to be administered through local non-profit agencies notwithstanding the provisions to the contrary in section forty-three of chapter one hundred and twenty-one B of the General Laws; provided, that of the funds appropriated herein, six million one hundred eighty-five thousand seven hundred eighty dollars shall be allocated for the purpose of providing housing vouchers, so-called, currently being utilized by eligible households; provided that notwithstanding any general or special law, rule or regulation to the contrary, the department shall reduce the average housing voucher monthly payment standard by two hundred dollars by September 1, 1991; provided further, that in the case of any rental assistance provided in conjunction with any federal housing program, tenants shall pay such portion of their income for rent as may be required by said federal program and such assistance shall be administered in accordance with applicable federal program regulations; and provided further, that payments for rental assistance may be provided in advance, including not more than five positions; and provided further, that the department shall not exceed and appropriation of ninety-seven million, five seventy-seven thousand, three hundred and eighty-eight dollars set forth herein, nor shall the department enter into commitments which will cause the department to exceed said appropriation `tc6 $97,577,388 `tc1 3722-9027 `tc4 For payments for contracts with sponsors of rental housing projects, financed through the Massachusetts housing finance agency established pursuant to chapter seven hundred and eight of the acts of nineteen hundred and sixty-six, in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section seven of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-three; provided, that notwithstanding the provisions of section twenty-seven of chapter twenty-three B or sections twenty-six and twenty-seven of chapter twenty-nine of the General Laws to the contrary, the department is hereby authorized to enter into such contracts for terms not exceeding fifteen years with annual payment obligations not to exceed thirty-one million, four hundred six thousand, five hundred and fifty-five dollars; provided further, that any existing contracts not subject to renegotiation during fiscal year nineteen hundred and ninety-one shall not have their funding reduced during fiscal year nineteen hundred and ninety-two; provided further, that notwithstanding any general or special law to the contrary, no new commitments, contracts, renegotiations, modifications or revisions of existing contracts shall be entered into during fiscal year nineteen hundred and ninety-two for said fiscal year or any subsequent fiscal years; provided further, that the secretary of communities and development is hereby authorized and directed to review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the secretary shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said amounts `tc6 $31,406,555 `tc1 3722-9101 `tc4 For reimbursement of cities and towns for the commonwealth's statutory share of federally aided urban renewal; provided, that no new contracts shall be entered into in fiscal year nineteen hundred and ninety-two `tc6 $130,369 `tc5 Local Aid Fund 100.0% `tc1 3722-9102 `tc4 For reimbursement of cities and towns for the commonwealth's share of certain non-federally aided urban renewal projects; provided, that no new contracts shall be entered into in fiscal year nineteen hundred and ninety-two `tc6 $566,950 `tc5 Local Aid Fund 100.0% `tc1 3722-9108 `tc4 For providing funds to cities and towns for the reimbursement of the commonwealth's share of certain urban revitalization and development projects authorized pursuant to section fifty-four of chapter one hundred and twenty-one B of the General Laws; provided, that notwithstanding the provisions of section fifty-three or fifty-seven of said chapter one hundred and twenty-one B to the contrary, such funds may be provided to any agency of a city or town designated by the chief executive officer to act on behalf of the city or town; and provided further, that no new contracts shall be entered into in fiscal year nineteen hundred and ninety-two `tc6 $547,200 `tc5 Local Aid Fund 100.0% `tc1 3722-9201 `tc4 For an interest subsidy program; provided, that notwithstanding any other provisions of law to the contrary, no projects shall be approved on or after the effective date of this act which would cause the commonwealth's obligation for the purposes of this item to exceed the amount of this item `tc6 $9,825,000 `tc1 3722-9315 `tc4 The Executive Office of Communities and Development may expend an amount not to exceed four hundred thousand dollars accrued from fees collected for the regulation of TELLER, so-called, projects undertaken pursuant to paragraph (m) of section twenty-six of chapter one hundred and twenty-one B of the General Laws, from fees collected pursuant to Executive Order No. 271, pertaining to low-income housing tax credits, and from fees collected pursuant to the rental development action loan program, for the costs of administering said program, including the costs of personnel, subject to the approval of the commissioner of the department of housing and homelessness prevention, including not more than ten positions `tc6 $400,000 `tc1 3743-2027 `tc4 For providing funds for local community economic development; provided, that contracts are to be awarded to community-based organizations; provided further, that a portion of the amount appropriated herein may be expended for the provision of technical assistance to such organizations, including not more than three positions provided further, that expenditures by the administering agency for said program shall not exceed fifty thousand dollars `tc6 $750,000 `tc1 3743-3036 `tc4 For contracts with community-based organizations to provide housing services and assistance to low income tenants in privately owned housing, and to landlords, to maintain and secure decent and affordable shelter within the private housing stock, including not more than one position `tc6 $300,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Office of the Secretary. `tc1 4000-0100 `tc4 For the office of the secretary, including the health facilities appeals board, the administration of the office of health policy, and an office of contract management; provided, that said office shall approve agency investigative procedures, review all reports of all health and human service agency investigations, conduct investigations into incidents whenever it is deemed appropriate by the general counsel of said office that the quality of patient care is threatened or jeopardized, and, whenever the secretary determines it appropriate, to investigate instances of malfeasance which come to the attention of said secretary; provided further, that the executive office of health and human services shall provide technical and administrative assistance to agencies receiving federal funds when administrative costs included in said grant are received by said office; provided further, that the office of contract management shall provide a review and authorization of all human services contracting; provided further, that said office shall compile, not less than every six months, a report containing the total amount of contract obligation and total appropriation amounts obligated by department and service type; provided further, that a copy of each said report shall be submitted, within thirty days after completion, to the house and senate committees on ways and means; and provided further, that said office may conduct a survey of human service clients to determine how individuals and families access and combine different state-funded social services and benefits programs and may evaluate proposals for reform of the human services purchase-of-service system, including not more than forty positions `tc6 $1,818,824 `tc1 4099-1501 `tc4 The secretary of health and human services may expend an amount not to exceed six million dollars from revenues collected pursuant to the mental health community initiative; provided, that notwithstanding any general or special law to the contrary, said secretary may designate certain agencies within the executive office of health and human services to receive and expend said revenues for the care of mental health clients transferred from the department of mental health hospitals to community residential beds or other state institutions; provided further, that any revenues so assigned from this item shall be in addition to revenues directly appropriated to those agencies; provided further, that said secretary shall report by December first, nineteen hundred and ninety-one to the secretary of administration and finance and the house and senate committees on ways and means on the amounts to be assigned; provided further, that the total amount of revenues so assigned shall not exceed six million dollars; provided further, that any revenues so assigned may be expended for all related costs of care, including direct care personnel costs; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, an agency designated by said secretary may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of its authorization as assigned by said secretary or its pro-rata share of the most recent revenue estimate for this item as reported in the state accounting system, including not more than two hundred thirty positions `tc6 $6,000,000 `tc2 Rate Setting Commission. `tc1 4100-0010 `tc4 For the administration of the commission, including not more than one hundred and seventy-five positions `tc6 $8,600,000 `tc2 Massachusetts Commission for the Blind. `tc1 4110-0001 `tc4 For the office of the commissioner and bureau of research, including not more than twenty positions `tc6 $760,179 `tc1 4110-1010 `tc4 For aiding the adult blind `tc6 $8,139,983 `tc1 4110-1020 `tc4 For determining eligibility for a medical assistance program for the blind, including not more than fourteen positions `tc6 $352,407 `tc2 Bureau of Individual Services. `tc1 4110-2010 `tc4 For the administration of a machine lending service, including not more than two positions `tc6 $85,022 `tc1 4110-2040 `tc4 For certain social services programs, including not more than fifty-five positions `tc6 $5,193,301 `tc1 4110-3010 `tc4 For a program of vocational rehabilitation of the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees `tc6 $1,469,263 `tc2 Bureau of Industrial Aid and Workshops. `tc1 4110-4000 `tc4 For the administration of the bureau and the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of the current workshop employees, including not more than twelve positions `tc6 $960,000 `tc1 4110-4035 `tc4 The industries for the blind is hereby authorized to expend revenues collected up to a maximum of seven hundred and seventy thousand dollars `tc6 $770,000 `tc2 Massachusetts Rehabilitation Commission. Administration. `tc1 4120-0010 `tc4 For the administration of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commissioner of rehabilitation shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; provided further, that the information on such lists shall include the client's name and social security number and the payee's name and other identification, if different from the client's; provided further, that pursuant to an inter-agency agreement between the department of public welfare and the commission, positions authorized herein, up to the amount of sixteen, may be used for the operation of a program of disability determinations, including not more than sixty-five positions `tc6 $2,978,810 `tc2 Vocational Rehabilitation. `tc1 4120-0011 `tc4 For a program of vocational rehabilitation in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation be deducted for pensions, group health and life insurance, and any other such indirect cost of the federally reimbursed state employees `tc6 $5,071,147 `tc2 Employment Services. `tc1 4120-0012 `tc4 For employment services programs, including programs of supported employment and extended employment for individuals with disabilities `tc6 $6,437,472 `tc2 Independent Living and Home Care. `tc1 4120-0014 `tc4 For programs of independent living and home care services for individuals with disabilities `tc6 $6,800,499 `tc1 4120-0071 `tc4 For the development and implementation of services to the traumatically head injured `tc6 $6,145,397 `tc2 Massachusetts Commission for the Deaf and Hard of Hearing. `tc1 4125-0100 `tc4 For the administration of and services provided by the commission for the deaf and hard of hearing; including not more than fifty positions `tc6 $2,624,008 `tc1 4125-0101 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the commission for the deaf and hard of hearing may expend revenues in an amount not to exceed seventy thousand dollars from charges received on behalf of interpreter services; provided, that any receipts in excess of this amount shall not revert to the General Fund but shall be retained in a revolving fund in accordance with section one hundred and ninety-six of chapter six of the General Laws `tc6 $70,000 `tc3 OFFICE FOR CHILDREN. `tc1 4130-0001 `tc4 For the central administration of the office; including not more than eleven positions; provided, that the office shall administer the child care resource and referral system; and provided further, that said system shall receive funding from items 4407-9065, 4800-1000 and 4130-2087 of section 2A of this act `tc6 $459,802 `tc1 4130-0002 `tc4 Notwithstanding chapter seven hundred and twenty-nine of the acts of nineteen hundred and eighty-seven, for the administration of the Children's Trust Fund; provided that, the comptroller is hereby authorized to transfer not more than forty-five thousand eight hundred and fifteen dollars to the Children's Trust Fund; provided further, that said funds shall be available without further appropriation, including not more than one position `tc6 $123,577 `tc1 4130-0005 `tc4 For field operations licensing; provided that no funds from this item may be expended for family support services, including not more than one hundred and sixty positions `tc6 $4,289,084 `tc1 4130-0008 `tc4 The executive office of health and human services is hereby authorized to expend revenues collected for licensing fees and day care lists; provided, that revenues collected may be used for program, administrative, and personnel costs; provided further, that no funds from this item may be expended for family support services, including compensation of employees, up to a maximum of nine hundred and sixty thousand dollars `tc6 $960,000 `tc1 4130-0720 `tc4 For a program of technical assistance and purchase of services in support of implementation of comprehensive community plans for teenage pregnancy prevention; provided, that applications for such funds shall be administered through the office for children upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by said office; provided further, that portions of said grants may be used for state agency purchases of designated services identified by said community service plans, including not more than two positions `tc6 $2,069,168 `tc2 Commissioner of Veterans' Services. `tc1 4170-0010 `tc4 For the office of the commissioner; provided, that of the sum appropriated herein, not less than two hundred seventy-one thousand six hundred and eighty dollars be obligated for the purpose of assisting veterans to obtain federal VA benefits pursuant to the provisions of Public Law 95-588, including not more than forty-three positions `tc6 $1,301,823 `tc1 4170-0012 `tc4 For a counseling program for veterans and their families, including the maintenance and operation of outreach centers; provided, that said centers shall be selected through a procedure of competitive procurement pursuant to applicable regulations to be completed not later than September first, nineteen hundred and ninety-one; provided further, that said centers shall be distributed regionally to serve veterans throughout the commonwealth; and provided further, that said centers shall provide counseling for incarcerated veterans and for Vietnam-era veterans and their families who may have been exposed to Agent Orange `tc6 $500,000 `tc1 4170-0013 `tc4 For the purpose of providing matching funds to a federal grant under Title IVC of the Jobs Training Partnership Act, an employment and training program in the office of Veterans' Services in the commonwealth, Vietnam, minority, disabled and recently discharged veterans `tc6 $135,741 `tc1 4170-0100 `tc4 For a program to maximize revenues by identifying individuals who are eligible for veterans' pensions and are currently receiving home care and home health services; provided, that the office of the commissioner of veterans' services shall enter into an interagency service agreement with the executive office of elder affairs to determine the methods for recovering said pensions, including not more than three positions `tc6 $80,000 `tc1 4170-0300 `tc4 For the payment of annuities to certain disabled veterans `tc6 $129,000 `tc1 4170-0400 `tc4 For reimbursing cities and towns for money paid for veterans' benefits and for payment to certain veterans in accordance with the following formula: seventy-five percent to be reimbursed by the commonwealth and twenty-five percent to be reimbursed by the cities and towns `tc6 $10,821,903 `tc5 Local Aid Fund 100.0% `tc1 4170-0650 `tc4 For the continuation of a program for the education of health professionals regarding the symptoms and effects on veterans of post-traumatic stress disorder `tc6 $49,563 `tc2 Soldiers' Home in Massachusetts. `tc1 4180-0100 `tc4 For the maintenance of the Soldiers' Home in Massachusetts, located in the city of Chelsea; provided, that the home shall generate four million nine hundred and eighty-five thousand dollars from fees, payments, and reimbursements, including not more than four hundred and forty-eight positions `tc6 $15,445,169 `tc1 4180-0101 `tc4 For the maintenance of a specialized unit for the treatment of Alzheimer's disease patients at the soldiers' home in Chelsea, including not more than eighteen positions `tc6 $478,314 `tc1 4180-1100 `tc4 The Soldiers' Home in Massachusetts, located in the city of Chelsea, may expend revenues up to a maximum of six hundred thousand dollars, for facility maintenance and patient care, including personnel costs, provided that sixty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, as appearing in the 1988 Official Edition, through the purchase of a license plate with the designation of VETERAN by eligible veterans of the Commonwealth, upon compensating the Registry of Motor Vehicles for the cost associated with such, shall be deposited into and for the purposes of this retained revenue account of the Chelsea Soldiers' Home `tc6 $600,000 `tc2 Soldiers' Home in Holyoke. `tc1 4190-0100 `tc4 For the maintenance of the Soldiers' Home in Holyoke; provided, that the home shall generate three million seven hundred and one thousand dollars from fees, payments, and reimbursements, including not more than three hundred and fifteen positions `tc6 $10,240,086 `tc1 4190-0101 `tc4 For the maintenance of an adult day care program at the soldiers' home in Holyoke `tc6 $140,799 `tc1 4190-1100 `tc4 The Soldiers' Home in Holyoke, may expend revenues up to a maximum of four hundred thousand dollars, for facility maintenance and patient care, including personnel costs, provided that forty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, as appearing in the 1988 Official Edition, through the purchase of a license plate with the designation of VETERAN by eligible veterans of the Commonwealth, upon compensating the Registry of Motor Vehicles for the cost associated with such, shall be deposited into and for the purposes of this retained revenue account of the Holyoke Soldiers' Home `tc6 $400,000 `tc3 DEPARTMENT OF YOUTH SERVICES. `tc1 4200-0010 `tc4 For the administration of the department, including not more than fifty-six positions `tc6 $2,651,833 `tc1 4202-0021 `tc4 For the purchase of service for certain residential care programs, including certain secure programs, and for certain non-residential programs, in accordance with the provisions of chapter twenty-eight A of the General Laws `tc6 $32,941,046 `tc1 4237-1010 `tc4 For supervision, counseling, and other services by the department incidental to certain residential or non-residential care programs, including not more than one hundred and sixty-five positions `tc6 $5,789,222 `tc1 4238-1000 `tc4 For the operation of the secure facilities administered and operated by the department, including not more than three hundred and twenty-five positions `tc6 $10,949,608 `tc3 DEPARTMENT OF PUBLIC WELFARE. `tc1 `tc4 Notwithstanding any provision of law to the contrary, unless otherwise specified, all federal funds received for the purposes of the department of public welfare shall be credited to the General Fund, and the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, public assistance caseloads and benefit levels. `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 three hundred and fifty thousand dollars shall be expended for a food stamp outreach program; including not more than three thousand, five hundred, and fifty positions `tc6 $108,618,458 `tc1 4400-1003 `tc4 For the administration of the medicaid program, including a central automated vendor payment system and utilization review of medical assistance services; provided, that not less than two hundred thousand dollars be obligated for outreach activities targeting pregnant women through an interagency agreement with the department of public health, including not more than three hundred and thirty positions `tc6 $15,023,121 `tc1 4400-4000 `tc4 For a program to provide certain primary and supplemental medical care and assistance for disabled adults and children as provided in sections six A and six B of chapter one hundred and eighteen E of the General Laws; provided, that the department may allocate funds to other agencies for the purposes of this program `tc6 $15,005,143 `tc1 4401-1000 `tc4 For a program to provide employment and training services for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided, 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 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 department may allocate funds from this line item to other agencies for the purposes of the employment and training program; provided further, that no funds from this item shall be expended for day care; and provided further, that expenditures shall not exceed appropriation; and provided further that no recipient of the Employment and Training program may pursue more than one course of study, except that a high school diploma or G.E.D. shall not be considered a course of study, including not more than nineteen positions `tc6 $14,315,691 `tc1 4401-2000 `tc4 For a day care program to be administered by the department of public welfare for recipients of benefits provided under the program of aid to families with dependent children and the absent parents of said recipients; provided, that the day care program shall be available for participants in the 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 for from this item; provided further that the management of the voucher system shall be contracted out; provided further, that no funds shall be expended from this item for independent child care; and provided further, that expenditures shall not exceed appropriation `tc6 $42,925,966 `tc1 4402-5000 `tc4 For a medical assistance program, including a program of special education medical services provided to medicaid children; provided, that the department of public welfare with the cooperation of the rate setting commission shall not approve any increase in existing rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated facilities in order to provide services of adequate quality; provided further, that medical assistance benefits provided by the department and eligibility therefor shall be revised by said department not later than October first, nineteen hundred and ninety-one by making such state plan amendments that are permissible under said Title XIX to achieve permanent, annualized cost reductions of not less than four hundred and twenty million dollars by fiscal year nineteen hundred and ninety-three; provided further, that an implementation plan for making such revisions shall be prepared which shall describe said benefit and eligibility revisions, any federal waivers necessary to make such revisions, the timeline for making such state plan amendments, the effective date for each such revision, the annualized and fiscal year nineteen hundred and ninety-two cost reduction projected for each such revision, and monthly expenditure benchmarks based on such revisions; provided, that the department shall submit a monthly comparison of said expenditure benchmarks with actual expenditures, and an analysis of any variance therefrom, by category of provider beginning with September expenditures; provided, that the program shall continue to provide the Kaileigh Mulligan home care program for disabled children; provided, that the department shall provide at least a minimal medically needy program; provided, that an amount not to exceed six hundred million dollars may be expended from this item for the payment of expenses incurred in the prior fiscal year; provided, that the department shall prepare a report stating the total amount paid to each category of provider for such expenses which shall be filed not later than one month after the close of said fiscal year with the house and senate committees on ways and means; provided, that no funds appropriated herein shall be expended for the payment of abortions not necessary to prevent the death of the mother; provided, that no expenditures or commitments made pursuant to this item or to any agreements authorized by chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purpose of complying with the provisions of said Title XIX, shall be incurred in excess of available funds which have been appropriated therefor; provided further, that no expenditures shall be made from this item which are not federally reimbursable except as provided herein; provided, that funds may be expended from this account for cost containment efforts which are not eligible for federal reimbursement provided that the house and senate committees on ways and means are given prior notice of the projections of total spending on such efforts, explanations of any increase over the previous fiscal year, and estimates of savings resulting from said efforts; provided, that up to one million dollars shall be expended from this item for early screening and treatment necessary to reduce hospitalizations and to avoid medicaid costs by delaying the onset of fully symptomatic AIDS; provided further, that the department may allocate funds to other agencies for the purposes of this program after giving prior notice to the house and senate committees on ways and means; and provided further, that no funds shall be expended by the department for patient-centered rates of payment for services provided under said Title XIX in chronic disease and rehabilitation hospitals `tc6 $2,431,000,000 `tc1 4402-5002 `tc4 The department of public welfare may expend an amount not to exceed forty-three million dollars from the monies received pursuant to chapter one hundred and eighteen E of the General Laws from collections of any prior year expenditures from liens, estate recoveries, retrospective rate adjustments and third party recoveries, provider donations, and pharmaceutical manufacturers' rebates or other collections subject to the approval of the department of public welfare for purposes of the medical assistance program; provided, that revenue collection goals and the verified amounts of revenues actually collected for each category of revenue project shall be filed monthly with the house and senate committees on ways and means `tc6 $43,000,000 `tc1 4402-5200 `tc4 For payment of nursing home retrospective settlements, hospital settlements, rate adjustments and appeals, for costs incurred in prior years by the medical assistance program established pursuant to chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purposes of complying with the provisions of Public Law 89-97, Title XIX; and for fiscal closure claims and certain other special provider costs incurred in prior fiscal years by the medical assistance program provided that payment for said fiscal closure claims and other special provider costs may be made from this line item only with the prior written approval of the secretary of administration and finance `tc6 $50,000,000 `tc1 4403-2000 `tc4 For a program of aid to families with dependent children; provided, that the need standard shall be equal to the standard in effect in fiscal year nineteen hundred and eighty-nine; provided further, that the payment standard shall be equal to the need standard; provided further, that a forty dollar per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing, subject to federal reimbursement; provided further, that no clothing allowance shall be provided in fiscal year nineteen hundred and ninety-two; provided further, that a program of assistance, including medical assistance, shall be provided to families otherwise eligible for aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse; provided further, that child support payments collected pursuant to Title IV-D of the Social Security Act, not to exceed an amount of sixty-seven million dollars, shall be credited to this account and may be expended without further appropriation for the purposes of this program; provided further, that certain families which suffer a reduction in benefits due to their loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for this loss; and provided further, that no funds from this item shall be expended by the department for the transportation services for the employment and training program or voucher day care program; and provided further, that no funds from this item shall be expended by the department for independent child care services `tc6 $702,436,818 `tc1 4403-2013 `tc4 The department of public welfare may expend an amount not to exceed sixty-seven million dollars, in accordance with the provisions of item 4403-2000 in section two of this act, accrued from the child support payments collected pursuant to Title IV-D of the Social Security Act, for the purposes of the program of aid to families with dependent children `tc6 $67,000,000 `tc1 4403-2100 `tc4 For a program of emergency assistance for needy families and individuals; provided, that the department shall prepare and promulgate rules and regulations to prevent abuse in the Emergency Assistance program; provided further, that said rules and regulations shall include but not be limited to a year to year cross check of recipients to determine if a person has received similar benefits in the previous year or years; provided further, that no advance payments shall be paid in fiscal year nineteen hundred and ninety-two; provided further, that no funds shall be expended from this item for department of social services assessments during fiscal year nineteen hundred and ninety-two; and provided further, that no funds shall be expended for costs not directly attributable to rent or mortgage liability, utilities, and shelter; and provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement `tc6 $39,595,475 `tc1 4405-2000 `tc4 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section seven A of chapter one hundred and eighteen A of the General Laws, may be paid from this item; and provided further, that the expenses of a program to aid applicants in becoming eligible for said supplemental security income program may be paid from this item `tc6 $142,532,670 `tc1 4406-2000 `tc4 For a program of general relief; provided, that the need standard shall be equal to the standard in effect in fiscal year nineteen hundred and eighty-nine; provided further, that the payment standard shall be equal to the need standard; provided further, that a thirty-five dollar per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; and provided further, that no funds from this account shall be expended for homeless shelters, for advance rent or security deposits, for rent or utility arrearage payments, for furniture storage, or for moving expenses `tc6 $94,981,776 `tc1 4406-3000 `tc4 For a program of assistance to families and individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search, and limited related services to the homeless and indigent; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the winter shelters, so-called, be operated year-round; provided further, that not less than eight million six hundred thousand dollars shall be obligated for a contract with the Pine Street Inn located in the city of Boston; provided further, that not less than seven hundred sixty-one thousand two hundred and fifty dollars be obligated for a comprehensive multi-service day treatment program for the homeless in the city of Boston; and provided further, that at least as many shelter spaces as were provided for homeless families and individuals during fiscal year nineteen hundred and ninety-one be made available in fiscal year nineteen hundred and ninety-two `tc6 $30,688,400 `tc1 4406-5000 `tc4 For a program of medical services for general relief recipients; provided, that notwithstanding the provisions of any general or special law to the contrary, said program shall provide the benefits of care rendered by physicians, community health centers, and of prescription drugs only; provided further, that said program may contract with competitively selected hospitals and community based agencies for the purpose of providing coordinated health care services to certain general relief recipients; provided further, that no funds appropriated herein shall be expended for the payment of abortions not necessary to prevent the death of the mother; and provided further, that of the amount appropriated herein an amount not less than three million one hundred and four thousand nine hundred and twenty-four dollars shall be expended for the Health Care for the Homeless programs in Boston, Worcester, and Springfield and also the Pip Shelter in Worcester, Daybreak Shelter in Lawrence, and Long Island Shelter in Boston, including not less than four hundred and thirty-six thousand dollars for the Boston program operated by the Boston Trustees of Health and Hospitals `tc6 $21,356,423 `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 `tc4 The department of public health shall submit quarterly to the house and senate committees on ways and means a status report on all public health hospitals, by individual hospital, including, but not limited to, inpatient and outpatient utilization, costs, revenues, personnel, contract expenditures, and capacity by service and use of such facilities by other state agencies and vendor programs. `tc1 4510-0100 `tc4 For the administration of the department, provided, that no funds available to the department, appropriated under this act, shall be expended after January first, nineteen hundred and ninety-two, for lease or space rental costs of offices at 80 Boylston Street; and provided further, that the position of assistant commissioner shall not be subject to chapter thirty-one of the General Laws, including not more than seventy positions `tc6 $4,965,344 `tc1 4510-0102 `tc4 For the administration of the division of environmental epidemiology and toxicology and for the purpose of implementing certain provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three, the "Right-to-Know" law, so-called, provided that the department may conduct a study pursuant to chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven, including not more than twenty-five positions `tc6 $448,328 `tc1 4510-0110 `tc4 For community and other health centers operational grants program; provided, that notwithstanding any general or special law to the contrary, not less than seventy thousand dollars shall be expended for South Boston Community Health Center; provided further, that notwithstanding any general or special law to the contrary, not less than one hundred and fifty thousand dollars shall be expended for the Massachusetts General Hospital Neighborhood Health Center, including not more than four positions `tc6 $627,000 `tc1 4510-0600 `tc4 For an environmental health program, including control of radiation and nuclear hazards and consumer products protection, including food and drugs and a program of lead poisoning prevention, in accordance with chapter seven hundred and seventy-three of the acts of nineteen hundred and eighty-seven, and for the maintenance of poisoning prevention inspections teams to inspect for lead-based paint in day care facilities, and for an inspection and licensing program of x-ray technologists, including the payment of fringe and indirect costs for employees compensated under this program; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of one hundred percent of the amounts so expended; provided further, that not less than one hundred and fourteen thousand dollars shall be obligated for the implementation of a program to manage the disposal of low-level radioactive waste in accordance with sections seven, eight, eleven, thirteen and sixteen of chapter one hundred and eleven H of the General Laws; and provided further, that the department shall generate eight hundred and seventy thousand dollars from fees and fines pursuant to this section and the implementation of chapter seven hundred and seventy-three of the acts of nineteen hundred and eighty-seven to be deposited in the General Fund, including not more than eighty-five positions `tc6 $2,726,181 `tc1 4510-0710 `tc4 For the administration of the division of health care quality; provided, that said division shall be responsible for assuring the quality of patient care provided by the commonwealth's health care facilities and services, and protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and ill, hospitals and infirmaries, including the inspection of ambulance services, including not more than one hundred and forty-five positions `tc6 $5,951,967 `tc1 4510-0712 `tc4 The department of public health is hereby authorized to expend revenues collected pursuant to the licensure of health facilities up to a maximum of two hundred six thousand one hundred and ten dollars `tc6 $206,110 `tc1 4510-0750 `tc4 For the cost of providing certificates of need, as required by section twenty-five C of chapter one hundred and eleven of the General Laws, including not more than six positions `tc6 $180,157 `tc1 4510-0790 `tc4 For the operation of an office of emergency medical services and for a program of nursing services within the control of said office; provided, that not less than three hundred thousand dollars shall be obligated for the operation of regional emergency medical services councils and regional communication centers, including not more than ten positions `tc6 $400,000 `tc1 4512-0103 `tc4 For the administration of the acquired immune deficiency syndrome program; provided, that not less than six hundred and seventy-nine thousand dollars be obligated to comprehensive family planning providers for AIDS prevention education; provided further, that two hundred and thirty thousand dollars and not more than four positions shall support a program of AIDS-related mental health services in Boston; provided further, that the department of public health shall seek immediately from the applicable federal agency, a waiver of the maintenance of effort requirement, on the basis of extraordinary economic conditions in the commonwealth that make compliance with said maintenance of effort requirement an unreasonable hardship during this period of fiscal crisis beyond the control of the commonwealth, including not more than twenty-nine positions `tc6 $18,613,317 `tc1 4512-0110 `tc4 For a program to provide rental subsidies to persons with AIDS for the purpose of preventing institutionalization in acute hospitals, chronic hospitals and nursing homes; provided, that the department of public health may contract for the administration of said program; and provided, that the costs of said administrative contract shall not be expended from this item; provided further, that said department shall submit a plan detailing the administration of said program on or before September first, nineteen hundred and ninety-one to the house and senate committees on ways and means for approval of said plan prior to its implementation; provided further, that any such subsidies in effect on June thirtieth, nineteen hundred and ninety-one shall remain in effect until said plan is approved; and provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded and occupied on June thirtieth, nineteen hundred and ninety-one `tc6 $120,000 `tc1 4512-0200 `tc4 For the administration of the division of substance abuse services, and for a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that the department generate eight hundred and thirty-one thousand dollars from rates collected in excess of those authorized in section twenty-four D of chapter ninety of the General Laws to be deposited to the General Fund; and provided further, that the department of public health shall seek immediately from the applicable federal agency, a waiver of the maintenance of effort requirement under the Comprehensive Alcohol Abuse, Drug Abuse and Mental Health Service Act of nineteen hundred and eighty-eight, on the basis of extraordinary economic conditions in the commonwealth that make compliance with said maintenance of effort requirement an unreasonable hardship during this period of fiscal crisis beyond the control of the commonwealth, including not more than twenty-five positions `tc6 $27,844,303 `tc1 4512-0225 `tc4 The commissioner of the department of public health may expend an amount not to exceed two hundred thirty thousand eight hundred and thirty-two dollars, which the state comptroller is hereby authorized and directed to transfer to the General Fund from unclaimed prize money that has been held in the State Lottery Fund for more than one year from the date of the drawing in which the prize was won, for a compulsive gamblers treatment program. Any expenditures for said program shall be subject to the approval of said commissioner `tc6 $230,832 `tc1 4512-0500 `tc4 For a dental health program, including dental services for residents of the state schools for the mentally retarded, and statewide community-based dental programs for persons with mental retardation, including not more than seven positions `tc6 $1,524,726 `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 two hundred and fifty thousand dollars shall be expended on community-based perinatal outreach and education programs targeted to those communities with severe infant mortality issues; provided further, that not less than five hundred seventeen thousand dollars shall be expended for rape prevention and victim services; and provided further that one million six hundred and thirteen thousand dollars shall be expended for family planning services provided by agencies certified as comprehensive family planning agencies, including not more than eighty positions `tc6 $16,179,939 `tc1 4513-1001 `tc4 For the administration of the office of violence prevention, including not more than two positions `tc6 $100,000 `tc1 4513-1002 `tc4 For the administration of the office of nutritional services to be in addition to funds received under the federal nutrition program for women, infants, and children; provided, that all new WIC cases, in excess of fiscal year nineteen hundred and ninety-one caseload levels, shall be served in accordance with priority categories 1-5, as defined by the state WIC program; provided further, that within thirty days of the effective date of this act the department shall report to the house and senate committees on ways and means the total number of cases which can be supported with funds from this item without incurring a deficiency; provided further, that the department shall report quarterly to the house and senate committees on ways and means on all expenditures from this item and from the federal nutrition program for women, infants and children, including the numbers of participants in each program; and provided further, that not less than six hundred and two thousand dollars shall be obligated for failure to thrive programs; including not more than twenty positions `tc6 $8,141,559 `tc1 4513-1005 `tc4 For the program of medical care and assistance administered by the department pursuant to section twenty-four D of chapter one hundred and eleven, for pregnant women and infants residing in the commonwealth; provided, that pursuant to an interagency agreement established with the department of public welfare, the department of public health shall determine the eligibility for low income pregnant women for Title XIX and women eligible for service under section one A of chapter one hundred and eighteen E of the General Laws; and provided further, that the department shall submit a report, on a quarterly basis, to the house and senate committees on ways and means which shall include, but not be limited to, the number of women served during that quarter, categories of age, types of services provided, and expenditures made, including not more than twenty-five positions `tc6 $5,388,642 `tc1 4513-1012 `tc4 The commissioner of the department of public health may expend an amount not to exceed ten million four hundred thousand 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 $10,400,000 `tc1 4516-1000 `tc4 For the administration of the center for laboratory and communicable disease control services, including the division of communicable venereal diseases, the division of tuberculosis control, and the state laboratory institute; provided, that any expenditures incurred by the universal immunization program, so called, shall be charged to the vaccine trust fund, established in section one hundred and forty-one of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine, for the maximum amount allowable under the conditions of said trust fund, and for services to analyze samples used in prosecution of controlled substances offenses; and provided further, that the department shall generate ninety-two thousand dollars from penalties paid in accordance with section six B of chapter two hundred and eighty of the General Laws to be deposited in the General Fund, including not more than one hundred and eighty-five positions `tc6 $11,243,926 `tc1 4518-0100 `tc4 For the administration of the office of health statistics analysis and for the operation of a cancer registry and occupational lung disease registry, including not more than fifty positions `tc6 $1,576,887 `tc1 4540-0900 `tc4 For the maintenance of and for certain improvements to the department of public health hospitals, and for certain costs related to the closure of certain hospitals; provided, that of the funds appropriated hereunder, no funds shall be expended for free care services at Shattuck public health hospital to state correctional facility inmates later than September first, nineteen hundred and ninety-one; provided further, that Tewksbury Hospital shall not be used to house county, state or other prisoners, including not more than two thousand four hundred positions `tc6 $37,490,761 `tc1 4590-0900 `tc4 The department of public health hospitals may expend, in addition to any amounts made available to said department pursuant to item 4099-1501, an amount not to exceed fifty-one million two hundred ninety-five thousand one hundred and ninety-six dollars from revenues collected subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital related costs, including capital expenditures and motor vehicle replacement; provided further, that of the funds appropriated hereunder, no funds shall be expended for free care services at Shattuck public health hospital to state correctional facility inmates later than September first, nineteen hundred and ninety-one; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the hospitals may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding any general or special law to the contrary, Lakeville hospital, Rutland Heights hospital, and Western Massachusetts hospital shall be eligible to receive both the state and federal share of reimbursements from the medical assistance program of the department of public welfare; provided further, that notwithstanding any general or special law to the contrary Lakeville hospital, Rutland Heights hospital, and Western Massachusetts hospital shall reimburse the General Fund for a portion of their employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary of administration and finance; and provided further, that such reimbursement shall not exceed ten percent of total personnel costs for these hospitals `tc6 $51,295,196 `tc3 DEPARTMENT OF MEDICAL SECURITY. `tc1 4600-1000 `tc4 For the administration of the department of medical security, including not more than twenty-two positions `tc6 $882,927 `tc1 4600-1050 `tc4 For the costs of administering the revenues in the uncompensated care pool pursuant to section fifteen of chapter one hundred and eighteen F of the General Laws; provided, that not less than four million dollars of revenues from this pool shall be expended for a managed health care program at community health centers; provided further, that not less than one hundred eighty-five thousand three hundred and fifty dollars shall be expended from said revenues for a program of technical assistance to community health centers to be provided by a qualifying organization under section 330 of the United States Public Health Service Act of 1974, as amended; provided further, that not less than ten million seven hundred thousand dollars of revenues from the pool shall be transferred to the vaccine trust fund `tc6 $790,391 `tc3 DEPARTMENT OF SOCIAL SERVICES. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and to the secretary of administration and finance the current social worker caseloads by type of case and level of social worker assigned to cases. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committees on ways and means and to the secretary of administration and finance the amount expended on basic, supportive and teen parent day care as funded through contracts, and shall include the total number of slots by category, occupancy by category, and the cost by category, in addition to the status of the alternating intake system and client waiting lists at all day care centers with which the state contracts, and the number of day care vouchers converted into contracted slots by region. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committee on ways and means and the secretary of administration and finance the amount expended on women-at-risk services; said report shall include the number of service units by category, utilization by category, and cost by category. `tc1 `tc4 Notwithstanding any provision of any general or special law to the contrary, the department of social services shall provide spending plans to the house and senate committees on ways and means and the secretary of administration and finance for the federal grant entitled Title IV-B of the Social Security Act. `tc1 `tc4 Notwithstanding any provision of general or special law to the contrary, the department of social services shall not authorize purchased social services at a level that will cause expenditures to exceed appropriations and allocations from revolving funds; provided, that social services shall 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. `tc1 4800-0015 `tc4 For the central and regional administration of the department; provided, that unless otherwise authorized to be expended, all funds including any federal reimbursements received by the department shall be credited to the General Fund; including not more than three hundred and five positions `tc6 $14,355,569 `tc1 4800-0020 `tc4 For the delivery of permanency services to children in the care of the department, including the provision of adoption and guardianship subsidies; provided that the department shall make assessment of all the children in its care longer than twelve months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; provided further, that the department through said program may contract with community based agencies for the purpose of providing adoption and special needs adoption services for not less than 1.5 million dollars; and provided further, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care; including not more than twenty-seven positions `tc6 $25,901,322 `tc1 4800-0025 `tc4 For a program of foster care review, including not more than fifty positions `tc6 $1,715,523 `tc1 4800-0030 `tc4 For the delivery of foster care services to children in the care of the department, including the provision of foster care subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred; provided, that the department shall collect not less than thirty-two million dollars pursuant to Title IV-E of the Social Security Act; and provided further, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund `tc6 $77,105,548 `tc1 4800-0041 `tc4 For the delivery of group care services to children in the care of the department not to exclude less expensive treatment methods; provided, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that the department of social services shall collect revenues from a sliding fee scale for service, in an amount not less than four hundred and eighty thousand dollars for the provision of group care; and provided further, that the department of social services shall collect not less than two million eight hundred and eighty thousand dollars, in the aggregate, of SSI and SSA cash benefits received by the department on behalf of children in its care for the provision of group care `tc6 $78,249,063 `tc1 4800-0050 `tc4 For the expenses and operations of the New Chardon Street Home for Women located in the city of Boston; provided, that the department shall collect not less than thirteen thousand eight hundred and fifty dollars from a sliding fee scale for service, including not more than eighteen positions `tc6 $555,617 `tc1 4800-0060 `tc4 For a program of day care services provided through contracts; provided that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that no funds shall be expended for "extended vouchers", so-called; provided further, that day care slots shall be distributed geographically in a manner which provides fair and adequate access to day care for participants in the department of public welfare's employment and training program; provided further, that the department shall collect not less than three million six hundred and forty-seven thousand nine hundred and sixty-two dollars pursuant to Title IV-A of the Social Security Act; 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 enter into a contract for day care shall require that the provider limit voucher enrollment to fewer than fifty children, where said enrollments constitute fifty or more percent of the provider's total program capacity; provided, that any voucher provider with fifty or more voucher placements, where said placements constitute fifty or more percent of the provider's total program capacity, who has been denied a day care contract with the department of social services, shall not enter into a voucher provider agreement without sign-off by the commissioner of the department of social services; and provided further, that not less than three million four hundred and twenty-five thousand dollars shall be contingent upon contractual partner agreements secured by program providers committing a private or public source other than the commonwealth to provide funds equal to twenty-five percent of the cost of the proposed public/private partnership program, including not more than eight positions `tc6 $67,889,889 `tc1 4800-0150 `tc4 For the administration of the department's area offices, including not more than three hundred and fifty positions `tc6 $15,664,264 `tc1 4800-1100 `tc4 For social workers and their expenses, including not more than two thousand two hundred positions `tc6 $63,055,803 `tc1 4800-1200 `tc4 For contracts with partnership agencies, so-called, for the provision of protective services; provided, that one million six hundred thousand dollars shall be expended on contracts serving minority and mentally retarded or handicapped clients funded from this account during fiscal year nineteen hundred and ninety-one; and provided further, that three million one hundred thousand dollars shall be made available only during fiscal year nineteen hundred and ninety-two for the purpose of a transitional phase-out period for all partnership agency contracts, so-called, that are not serving said minority, mentally retarded or handicapped clients `tc6 $4,700,000 `tc1 4800-1300 `tc4 For contracts for preventive and family support services; provided, that not less than four million three hundred and forty-nine thousand dollars shall be contingent upon contractual partner agreements secured by program providers committing a public or private source other than the commonwealth to provide funds equal to twenty-five percent of the cost of the proposed public/private partnership program; and provided further, that not less than sixty-two thousand dollars shall be expended for a contract for an integrated family services team in region six `tc6 $27,701,780 `tc1 4800-1400 `tc4 For contracts for women-at-risk shelters and services; provided, that not less than seven hundred fifty-five thousand dollars shall be contingent upon contractual partner agreements secured by program providers committing a private or public source other than the commonwealth to provide funds equal to twenty-five percent of the cost of the proposed public/private partnership program `tc6 $4,904,176 `tc1 4800-1500 `tc4 For contracts for school and community-based young parent programs; provided, that not less than five hundred sixty-nine thousand dollars shall be contingent upon contractual partner agreements secured by program providers committing a private or public source other than the commonwealth to provide funds equal to twenty-five percent of the cost of the proposed public/private partnership program `tc6 $2,613,843 `tc3 DEPARTMENT OF MENTAL HEALTH. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental health shall report quarterly to the house and senate committees on ways and means, the status of all existing community-based programs, including the total cost of each program, its client capacity, and the number of clients actually being served. `tc1 `tc4 The department of mental health shall report quarterly to the house and senate committees on ways and means expenditures made, by region, for the establishment of new community-based programs, the status of community-based programs including starting dates, numbers of clients served per program, the cost for the start-up month and the cost for the full fiscal year. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental health shall submit quarterly to the house and senate committees on ways and means a status report on community placements, by region, including the identification of patients to be moved in the community as well as the program in which they will be placed, and the dates on which they are to be deinstitutionalized. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental health shall submit quarterly to the house and senate committees on ways and means a status report on all state hospitals including total cost of the operations of each institution, its client capacity, number of clients being served and the use of such facilities by other state agencies. `tc1 5011-0100 `tc4 For the administration and general services of the department, including a consolidated laundry program and a program for the training of psychiatric residents and multidisciplinary trainees, including not more than three hundred and fifty positions `tc6 $16,031,598 `tc1 5046-0000 `tc4 For mental health services for adult clients; provided, that of the sum appropriated herein, not less than two hundred thousand dollars be obligated for the provision of technical assistance to non-profit agencies in order to expedite the development of community housing for the mentally ill; provided, that no funds appropriated under this item shall be expended for the payment of any vendor-operated programs whose functions replace those provided by partnership clinic employees, so called, during fiscal year nineteen hundred and ninety-one; and provided further, that the department shall generate thirteen million five hundred thousand dollars from occupancy fees in community-based housing and from federal reimbursements received for case management and rehabilitation services to be deposited in the General Fund, including not more than nine hundred and thirty positions `tc6 $138,527,126 `tc1 5046-1000 `tc4 For a program to provide rental subsidies to certain clients within the department of mental health; provided, that the department shall submit a plan detailing the administration of said program on or before September first, nineteen hundred and ninety-one to the house and senate committees on ways and means for approval prior to implementation; provided further, that any such subsidies in effect on June thirtieth, nineteen hundred and ninety-one shall remain in effect until said plan is approved; and provided further, that no funds shall be expended for subsidies for units in excess of the number of units funded and occupied on June thirtieth, nineteen hundred and ninety-one `tc6 $2,093,893 `tc1 5047-0000 `tc4 For mental health services for children and adolescents; provided, that the department shall generate six million five hundred thousand dollars from certified adolescent inpatient units and intensive residential treatment programs and the so-called rehabilitation option to be deposited in the General Fund, including not more than one hundred and thirty positions `tc6 $45,485,201 `tc1 5049-0000 `tc4 For forensic mental health services, including not more than fifty-two positions `tc6 $5,317,704 `tc1 5051-0100 `tc4 For the operation of community mental health centers; provided, that no funds appropriated under this item shall be expended for the payment of any vendor-operated programs whose functions replace those provided by partnership clinic employees, so called, during fiscal year nineteen hundred and ninety-one, including not more than two thousand one hundred positions `tc6 $78,872,093 `tc1 5095-0000 `tc4 For the maintenance of the state hospitals, the Gaebler Children's Center, and the treatment center at the Massachusetts Correctional Institute at Bridgewater; provided, that the department generate nine million dollars from services pursuant to Title XVIII and Title XIX of the Social Security Act, third party reimbursements, rents and other patient services to be deposited in the General Fund, including not more than four thousand two hundred positions `tc6 $134,621,088 `tc1 5095-3000 `tc4 For a reserve to fund expenses associated with the transfer of mental health clients to the department of mental retardation; provided, that funds may be transferred from this item to items of appropriation 5095-0000, 5948-0000 and 5983-0100 only; provided further, that any expenditures or transfers from this reserve shall be subject to the joint approval of the commissioners of mental health and mental retardation; provided further, that as each transfer is completed, the pro-rata proportion of an annual cost of thirty thousand dollars will be correspondingly transferred from this reserve account to the department of mental retardation; provided further, that both departments shall be authorized to transfer from this account to fund services for clients scheduled for transfer throughout fiscal year nineteen hundred and ninety-two; provided further, the departments of mental health and mental retardation shall submit quarterly to the house and senate committees on ways and means a report outlining the transfers to date and the corresponding expenditures made from this reserve; provided further, that at the close of fiscal year nineteen hundred and ninety-two all remaining funds in this account, excluding those generated from retained revenue, shall revert to the department of mental health hospital account, 5095-0000 `tc6 2,400,000 `tc1 5095-4000 `tc4 For a community initiative reserve to fund expenses associated with the transfer of mental health clients from department of mental health hospitals to community residential beds, general hospitals, and other state institutions; provided, that the secretary of health and human services may transfer funds from this item to items of appropriation 5051-0000, 5095-0000, 5046-0000, 4540-0900, 5948-0000 and 5983-0100 only; and provided further, that as each placement is developed, the pro-rata portion of the annual cost per bed will be correspondingly transferred from this reserve account to the account so designated by the secretary of health and human services; and provided further, that all expenses associated with the community initiative reserve be for the care and placement of mental health clients `tc6 $14,813,005 `tc3 DEPARTMENT OF MENTAL RETARDATION. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental retardation shall report quarterly to the house and senate committees on ways and means the status of all existing community-based programs, including the total cost of each program, its client capacity, and the number of clients actually being served. `tc1 `tc4 The department of mental retardation shall report quarterly to the house and senate committees on ways and means expenditures made, by region, for the establishment of new community-based programs, the status of community-based programs including starting dates, numbers of clients served per program, the cost for the start-up month and the cost for the full fiscal year. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental retardation shall submit quarterly, to the house and senate committees on ways and means a status report on community placements, by region, including the identification of clients to be moved into the community as well as the program in which they will be placed, and the dates on which they are to be deinstitutionalized. `tc1 `tc4 Notwithstanding any general or special law to the contrary, the department of mental retardation shall submit quarterly to the house and senate committees on ways and means a status report on all state schools including total cost of the operations of each institution, its client capacity, the number of clients being served and the use of such facilities by other state agencies. `tc1 5911-0006 `tc4 For a reserve to provide for the continuity of services to developmentally disabled persons whose age no longer entitles them to services under special education programs; provided that funds may be transferred from this item to other items of appropriation within the department of mental retardation `tc6 $2,000,000 `tc1 5911-0025 `tc4 For transportation services for mentally retarded persons receiving services through the department; provided, that the department provide such services on the basis of priority of needs as determined by the department, including not more than twelve positions `tc6 $13,013,419 `tc1 5911-0100 `tc4 For the administration and general services of the department, including not more than two hundred and eighty positions `tc6 $13,249,158 `tc1 5947-0000 `tc4 For mental retardation services for children and adolescents not provided under the provision of laws pertaining to special education `tc6 $3,536,077 `tc1 5948-0000 `tc4 For community-based mental retardation services; provided, that a maintenance of effort be made to continue services to retarded persons in the community who are not eligible for services through chapter seventy-one B of the General Laws or consent decrees, including two million four hundred sixty-two thousand two hundred and eight dollars for turning twenty-two clients funded through line-item 5911-0006 in fiscal year nineteen hundred and ninety-one; provided further, that of this amount not more than thirty-two million two hundred thousand dollars be expended for the operation of state-operated community programs opened prior to September first, nineteen hundred and ninety-one; including not more than one thousand nine hundred and fifty positions `tc6 $268,148,984 `tc1 5948-0005 `tc4 The commissioner of the department of mental retardation is authorized to expend all revenues in an amount not to exceed six hundred twenty-five thousand dollars generated from federal reimbursement in a program to create community supported living arrangements under Section 1930 of the Social Security Act `tc6 $625,000 `tc1 5948-1000 `tc4 The commissioner of the department of mental retardation is hereby authorized to expend all revenues, up to a maximum of four million eighty-four thousand nine hundred ninety-two dollars generated from rents charged to agencies operating programs in community-based intermediate care facilities and from the establishment of a sliding fee scale `tc6 $4,084,992 `tc1 5982-1000 `tc4 The department of mental retardation may expand revenue in an amount not to exceed ninety-six thousand dollars accrued through a program of selling milk and livestock subject to the approval of the commissioner of the department of mental retardation for the support of the respective programs including costs of material, supplies, equipment and the maintenance of the facility `tc6 $96,000 `tc1 5983-0100 `tc4 For the operation of facilities for the mentally retarded; provided, that the department may expend funds as needed, pursuant to schedules filed with the secretary of administration and finance and the house and senate committees on ways and means, for a facility maintenance crew to provide minimum maintenance to buildings at Belchertown state school following its phase-down, including not more than eight thousand seven hundred positions `tc6 $243,997,305 `tc1 5983-1000 `tc4 The commissioner of the department of mental retardation is hereby authorized to expend revenues, not to exceed four million eight hundred thousand dollars, generated from federal reimbursements pursuant to Title XIX section 2176 of the Omnibus Waiver Act, for costs related to the transfer of patients from the department of mental health to the department of mental retardation and funded out of line item 5095-3000, provided that the department of mental retardation shall report quarterly to the house and senate committees on ways and means the quarterly Omnibus Waiver revenue estimates and all expenditures from this account; and provided further, that on August thirty-first, nineteen hundred and ninety-two all remaining funds in this account shall revert to the general fund `tc6 $4,800,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6000-0100 `tc4 For the office of the secretary of transportation and construction; provided, that the office shall submit quarterly expenditure reports on all employees or contract personnel funded through capital outlay monies, including not more than nine positions `tc6 $345,297 `tc5 Highway Fund 100.0% `tc1 6000-0110 `tc4 The executive office of transportation and construction may expend, for the purpose of property management and maintenance of railroad properties owned by said executive office on behalf of the commonwealth, including the cost of personnel, an amount not to exceed twenty-eight thousand three hundred forty-nine dollars from the rents and fees received pursuant to section four of chapter one hundred and sixty-one C of the General Laws `tc6 $28,349 `tc2 Massachusetts Bay Transportation Authority. `tc1 6005-0011 `tc4 For additional assistance to the Massachusetts Bay Transportation Authority in accordance with the provisions of sections six and nine of chapter eight hundred and twenty-five of the acts of nineteen hundred and seventy-four, as amended by section four of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided, that operating expenditures of the Massachusetts Bay Transportation Authority for its fiscal year ending June thirtieth, nineteen hundred and ninety-two shall not exceed one hundred and five percent of its operating expenditures for its fiscal year ending June thirtieth, nineteen hundred and ninety-one `tc6 $242,600,000 `tc5 General Fund 80.0% `tc5 Highway Fund 20.0% `tc1 6005-0012 `tc4 For certain debt service contract assistance to the Massachusetts Bay Transportation Authority in accordance with the provisions of section twenty-eight of chapter one hundred and sixty-one A of the General Laws `tc6 $161,767,921 `tc5 General Fund 80.0% Highway Fund 20.0% `tc2 Massachusetts Bay Transportation Authority. `tc1 6005-0015 `tc4 For certain assistance to regional transit authorities; provided, that not less than six hundred and forty thousand dollars be obligated for programs of operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the intercity bus capital assistance program; and provided further, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July first, nineteen hundred and ninety-one and ending June thirtieth, nineteen hundred and ninety-two, may enter into contracts with the authorities; provided that, notwithstanding the provisions of section one hundred and fifty-two A of chapter one hundred and sixty-one, and of section twenty-three of chapter one hundred and sixty-one B of the General Laws, at least fifty percent and up to seventy-five percent of the net cost of service of each authority incurred in fiscal year nineteen hundred and ninety-one shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided, that operating expenditures of each of the regional transit authorities for its fiscal year ending June thirtieth, nineteen hundred and ninety-two shall not exceed one hundred and five percent of its operating expenditures for its fiscal year ending June thirtieth, nineteen hundred and ninety-one `tc6 $28,500,000 `tc5 General Fund 80.0% Highway Fund 20.0% `tc1 6005-0017 `tc4 For certain payments to cities and towns as authorized by clause (c) of section thirteen of chapter sixty-four A, clause (b) of section thirteen of chapter sixty-four E and clause (b) of section fourteen of chapter sixty-four F of the General Laws; provided, that the amounts herein appropriated are in full satisfaction of the amounts payable pursuant to said clauses for the nineteen hundred and ninety-one and nineteen hundred and ninety-two fiscal years, provided further, that thirty-six million, five hundred thousand dollars shall be distributed, on account of fiscal year nineteen hundred and ninety-one obligations, on or before September first, nineteen hundred and ninety-one `tc6 $78,800,000 `tc5 Highway Fund 100.0% `tc1 6005-0018 `tc4 For additional contract assistance to be allocated by the Massachusetts Bay Transportation Authority for the net additional expense of commuter rail service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts Bay Transportation Authority for fiscal year nineteen hundred and ninety-one, including funds for the net additional expense of bus service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts Bay Transportation Authority for fiscal year nineteen hundred and ninety-two, in the amounts determined to be appropriate by the executive office for administration and finance, acting on behalf of the commonwealth, on the recommendation of the secretary of the executive office of transportation and construction; provided, that said additional expense of bus service shall be two million dollars, in accordance with the provisions of section twenty-eight A of chapter one hundred and sixty-one A of the General Laws as amended in section forty-five of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five `tc6 $14,500,000 `tc5 General Fund 80.0% Highway Fund 20.0% `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0002 `tc4 For the expenses of airport development projects as authorized by section thirteen of chapter sixty-four A of the General Laws, as amended by section of chapter one hundred and twenty-one of the acts of nineteen hundred and ninety `tc6 $285,573 `tc1 6006-0003 `tc4 For the administration of the commission, including personnel services and expenses of the commissioners, including not more than seven positions `tc6 $276,861 `tc1 6006-0004 `tc4 The Massachusetts aeronautics commission may expend revenue for the administration of the commission, including the costs of personnel, in an amount not to exceed seventy thousand dollars generated from fees accrued from the air transportation of agency and state officials `tc6 $47,500 `tc3 DEPARTMENT OF PUBLIC WORKS. `tc2 Highway Activities. `tc2 Personnel Services. `tc1 6010-0001 `tc4 For personnel services of the department; including not more than two thousand five hundred and fifty positions `tc6 $82,151,387 `tc5 Highway Fund 100.0% `tc2 Administrative and Engineering Expenses. `tc1 6020-2501 `tc4 For certain administrative and engineering expenses and equipment of the commission, the office of the public works commissioner and the division of administrative services, highway engineering, highway maintenance, highway construction and the district and other highway activity offices `tc6 $5,744,919 `tc5 Highway Fund 100.0% `tc2 Outdoor Advertising Board. `tc1 6020-2505 `tc4 For the administration of the outdoor advertising board, including not more than four positions `tc6 $173,946 `tc2 Maintenance and Operation of State Highways and Bridges. `tc1 6030-7201 `tc4 For the expenses of snow and ice control on state highways, including the cost of sand, salt, and other control chemicals; provided, that any surplus after April fifteenth, nineteen hundred and ninety-two may be expended for bridge and highway maintenance and repairs `tc6 $19,000,000 `tc5 Highway Fund 100.0% `tc1 6030-7301 `tc4 For materials, supplies, fleet maintenance and equipment, and for maintenance and operation of state highways and bridges; provided, that the department shall develop a plan to maximize the use of prison work programs; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that the department shall not be subject to the provisions of section thirty-six A of chapter thirty of the General Laws and section twenty-two of chapter seven of the General Laws, but shall submit requests to repair vehicles costing in excess of the limit pursuant to said section twenty-two of said chapter seven to the secretary of transportation and construction for approval; and provided further, that the department shall provide the house and senate committees on ways and means a quarterly report of repairs requiring said secretary's approval `tc6 $9,500,000 `tc5 Highway Fund 100.0% `tc3 EDUCATION. Libraries. `tc1 7000-9101 `tc4 For the administration and expenses of the board of library commissioners, including not more than twenty positions `tc6 $664,334 `tc5 Local Aid Fund 100.0% `tc1 7000-9401 `tc4 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by section nineteen C (1) and (2) of chapter seventy-eight of the General Laws, as it deems proper, to the regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding the provisions of section nineteen C of chapter seventy-eight of the General Laws or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to seventy-six and eight-tenths cents per resident in the commonwealth; provided further, that notwithstanding the provision of any general or special law to the contrary, no regional public library shall receive any money under this item in any year when the appropriation of the city or town where such regional public library is located to such regional public library is below an amount equal to ninety-five percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that, notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the 1990 edition to any library not receiving funds as a library of last recourse for a period of no more than one year `tc6 $10,526,453 `tc5 Local Aid Fund 100.0% `tc1 7000-9402 `tc4 For the purposes of a talking book library `tc6 $124,165 `tc5 Local Aid Fund 100.0% `tc1 7000-9406 `tc4 For the administration of a talking book program `tc6 $625,235 `tc5 Local Aid Fund 100.0% `tc1 7000-9501 `tc4 For state aid to public libraries; provided, that notwithstanding the provision of any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of said city or town for free public library services is below an amount equal to ninety-five percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that, notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed two and one-half the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the Massachusetts General Laws as appearing in the 1990 edition, to any library not receiving funds as a library of last recourse for a period of no more than one year; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $5,660,779 `tc5 Local Aid Fund 100.0% `tc1 7000-9506 `tc4 For telecommunication expenses of automated resource sharing networks and their member libraries `tc6 $182,962 `tc5 Local Aid Fund 100.0% `tc3 DEPARTMENT OF EDUCATION. `tc2 Board of Education and Commissioner's Office. `tc1 7010-0005 `tc4 For the general administration of the department, including not more than one hundred and eighty-five positions `tc6 $8,370,729 `tc2 Division of Elementary, Secondary, and Occupational Education. `tc1 7010-0008 `tc4 For the purchase of equipment and services to automate the teacher certification system `tc6 $139,738 `tc5 Local Aid Fund 100.0% `tc1 7010-0012 `tc4 For grants to cities, towns, or regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants to a city, town, or regional school district shall be limited to actual and specifically documented incremental costs including those costs pursuant to chapter seventy-one B of the General Laws incurred as direct consequence of participation in the program whenever the reimbursements requested by such city, town, or regional school district exceed the level of reimbursement received in fiscal year nineteen hundred and seventy-seven; provided further, that the division of elementary, secondary, and occupational education shall contract with a qualified minority business enterprise experienced in the administration of public school transportation systems and programs to alleviate racial imbalance; provided further, that payments to the provider shall be made through one disbursing agent as designated by the commissioner of education and that they be not less than twelve and one-half percent of the non-transportation costs of the program; provided further, that there shall be no discrimination on the basis of race, sex, color or creed `tc6 $12,031,328 `tc5 Local Aid Fund 100.0% `tc1 7010-0025 `tc4 For the development, administration and scoring of a statewide assessment test and a statewide basic skills test `tc6 $1,106,000 `tc5 Local Aid Fund 100.0% `tc1 7010-0042 `tc4 For grants to cities, towns, or regional school districts for the cost of providing magnet educational programs in accordance with the provisions of section thirty-seven I and thirty-seven J of chapter seventy-one of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that any portion of this appropriation item may be expended by the state board of education to purchase magnet educational programs; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $4,800,000 `tc5 Local Aid Fund 100.0% `tc1 7010-0043 `tc4 For grants for the Equal Education Improvement Fund for cities, towns, or regional school districts under the provisions of section one I of chapter fifteen of the General Laws; provided, that notwithstanding the provisions of said section one I or section thirty-seven D of chapter seventy-one of the General Laws, pupils qualifying for funding under the Equal Education Improvement Fund shall also include those of Hispanic and Southeast Asian origin; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town or regional school district without appropriation, notwithstanding the provisions of any general or special laws to the contrary; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $8,448,000 `tc5 Local Aid Fund 100.0% `tc1 7027-0016 `tc4 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for said programs in consultation with the secretary of economic affairs; provided further, that any funds that are distributed under this item to cities, towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; and provided further, that the department of education may reimburse grant recipients for prior year expenditures `tc6 $864,000 `tc5 Local Aid Fund 100.0% `tc1 7028-0031 `tc4 For the expenses of school age children in institutional school departments as required under section twelve of chapter seventy-one B of the General Laws; provided, that the department is authorized to provide special education services to eligible inmates in county houses of correction; provided further, that pursuant to the court judgment in Quirk v. Anrig the department may pay retroactive salary adjustments for services provided by institutional school personnel, including not more than eighty positions `tc6 $8,310,672 `tc5 Local Aid Fund 100.0% `tc1 7028-0302 `tc4 For the educational expenses of certain school age children with special needs attending schools under the provisions of section ten of chapter seventy-one B of the General Laws, for the educational expenses of school age children with special needs attending day or residential programs who have no father or mother or guardian living in the commonwealth, and for expenses relating to the provision of special education to certain children transferred from the department of public welfare to the department of education; provided, that said children transferred from the department of public welfare to the department of education were placed by the department of public welfare in a private special education program as of September first, nineteen hundred and seventy-four, have continued to attend such program at the expense of the department of public welfare up to the date of said transfer, and continue to need such special education program; provided further, that notwithstanding the provisions of any general or special law to the contrary, all increases in the rate paid to an institution or school for services provided in prior fiscal years and prior fiscal years tuition and transportation reimbursements may be funded with monies appropriated herein; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation `tc6 $4,139,612 `tc5 Local Aid Fund 100.0% `tc1 7030-1000 `tc4 For grants to cities, towns, regional school districts and educational collaboratives for early childhood education programs, pursuant to the provisions of section fifty-four of chapter fifteen of the General Laws; provided, that seventy-five percent of said funds shall be allocated to programs serving low income sites, as determined by the board of education; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $6,875,451 `tc5 Local Aid Fund 100.0% `tc1 7030-1500 `tc4 For grants to head start programs `tc6 $6,000,000 `tc5 Local Aid Fund 100.0% `tc1 7030-2000 `tc4 For grants to cities, towns, regional school districts and education collaborative for basic skills remediation programs for students in grades one through nine and dropout prevention programs for students in grades seven through twelve, pursuant to the provision of section fifty-two of chapter fifteen of the General Laws; provided, that seventy-five percent of said funds shall be allocated to basic skills remediation programs and twenty-five percent of said funds shall be allocated to dropout prevention programs; and provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or educational collaborative and held as a separate account and shall be expended by the school committee of such city, town, regional school district or educational collaborative without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $1,967,984 `tc5 Local Aid Fund 100.0% `tc1 7030-4000 `tc4 For the administration of the Lucretia Crocker dissemination program to replicate and disseminate exemplary educational programs, pursuant to the provisions of section fifty-nine of chapter fifteen of the General Laws, including the awarding of fellowships to public school teachers and the granting of funds for the publication and distribution of materials; provided, that the annualized amount of each fellowship does not exceed the annual salary and benefits of the recipient and is awarded in place of and not in addition to the recipient's salary; provided further, that any payment made under this appropriation shall be deposited with the treasurer of the appropriate city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $150,000 `tc5 Local Aid Fund 100.0% `tc1 7032-0500 `tc4 For grants to cities and towns and regional school districts for school-based comprehensive health education and human services in schools; provided that any funds distributed under this item shall be deposited with the treasurer of said city, town or regional school district held in a separate account and shall be expended without further appropriation by the school committee `tc6 $1,000,000 `tc5 Local Aid Fund 100.0% `tc1 7035-0002 `tc4 For the expenses of providing basic educational attainment and work-related programs in reading, writing and mathematics at adult learning centers `tc6 $4,205,465 `tc5 Local Aid Fund 100.0% `tc1 7035-0004 `tc4 For the reimbursement of cities, towns and regional school districts and independent vocational schools for certain expenditures for transportation of pupils pursuant to the provisions of section one I of chapter fifteen of the General Laws, sections seven A, seven B, and thirty-seven D of chapter seventy-one of the General Laws, section eight of chapter seventy-one A of the General Laws, section fourteen of chapter seventy-one B of the General Laws, and section eight A of chapter seventy-four of the General Laws; provided, that of the amount appropriated herein, not less than one million five hundred thousand dollars shall be obligated for the implementation of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three; provided further, that any city, town or regional school district or independent vocational school which has not accepted the provisions of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three shall be ineligible for any reimbursement of costs incurred during fiscal year nineteen hundred and ninety-one under this item or for reimbursement of such costs under any of the provisions of general law referred to herein; and provided further, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $57,600,000 `tc5 Local Aid Fund 100.0% `tc1 7035-0006 `tc4 For the reimbursement of regional school districts for the transportation of pupils; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $26,939,604 `tc5 Local Aid Fund 100.0% `tc1 7052-0004 `tc4 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight in the fiscal year ending June thirtieth, nineteen hundred and ninety-two shall not exceed eighteen million three hundred thousand and twenty-two dollars of which not more than sixty percent shall be for projects ordered or approved by a court as necessary for desegregation or such projects as may be required in the judgment of said board to reduce or eliminate racial imbalance; and provided further that the amount approved by the board of education under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight subsequent to July first, nineteen hundred and ninety-one shall not exceed eleven million four hundred and forty-four thousand dollars: and provided further, that an additional six million eight hundred and seventy-eight thousand dollars, or any portion thereof, may be approved on or after January first, nineteen hundred and ninety-two subject to the approval of the house and senate committees on ways and means provided that said approval be based upon certification received by the committees from the department of revenue that tax revenues exceed said department's tax revenue projection by five percent for the combined first two quarters for fiscal year nineteen hundred and ninety-two `tc6 $25,068,804 `tc5 Local Aid Fund 100.0% `tc1 7052-0005 `tc4 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight for annual payments on accounts of school projects on which the first annual payment has been made; provided, that one hundred percent of the principal and interest of the project of the Blue Hills Regional School District shall be reimbursed as it comes due in accordance with the agreement between the Blue Hills School District and Board of Trustees of Massasoit Community College `tc6 $119,977,618 `tc5 Local Aid Fund 100.0% `tc1 7052-0006 `tc4 For grants and reimbursements for cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, for (a) educational, engineering and architectural services for regional school districts, (b) for surveys made of school building needs and conditions, (c) for matching stabilization fund payments, and (d) for costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs `tc6 $893,114 `tc5 Local Aid Fund 100.0% `tc1 7053-1909 `tc4 For the reimbursement of cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children as authorized by chapter five hundred and thirty-eight of the acts of nineteen hundred and fifty-one, and for supplementing funds allocated for the special milk program; provided, that notwithstanding any provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the National School Lunch Act, and in the regulations implementing said act `tc6 $5,426,986 `tc5 Local Aid Fund 100.0% `tc1 7061-0003 `tc4 For the reimbursement of regional school districts of the amount of school aid due under the provisions of section sixteen D of chapter seventy-one of the General Laws; provided, that notwithstanding any provisions of chapter seventy-one or any other general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein; and provided further, that the amount paid to regional school districts from this item in fiscal year nineteen hundred and ninety-two shall be equivalent to the amounts listed in section three of this act, notwithstanding any special or general law to the contrary regional district school committees shall reassess each member municipality based on the number at the end of this item; provided further that the reassessment shall comply with chapter 71, section 16B as appearing in the 1988 Official Edition and as amended by chapter three hundred and fifty-six of the acts of nineteen hundred and ninety `tc6 $98,367,338 `tc5 Local Aid Fund 100.0% `tc1 7061-0008 `tc4 For school aid to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools to be distributed pursuant to the provisions of section three of this act; provided, that of the amount appropriated herein seventy-five million dollars shall be from a transfer from the state lottery fund in accordance with the provisions of section 6 of this act `tc6 $898,131,787 `tc5 Local Aid Fund 100.0% `tc1 7061-0009 `tc4 For the reimbursement to cities, towns, and regional school districts of the tuition in the public schools of any school age child placed elsewhere other than in his own home town by, or under the control of, the department of public welfare or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $6,720,000 `tc5 Local Aid Fund 100.0% `tc1 7061-0012 `tc4 For non-educational costs of residential school programs for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred and ninety-one; provided further, that funding provided herein may reimburse private schools for prior fiscal year's tuition; provided, that the commonwealth shall not pay more than fifty percent of the cost of any such residential placement `tc6 $24,607,422 `tc5 Local Aid Fund 100.0% `tc1 7061-1000 `tc4 For equal education opportunity grants to cities, towns, regional school districts and independent vocational schools to increase spending on direct services in districts where actual expenditures on direct services in fiscal year nineteen hundred and eighty-seven or prior years was less than eighty-five percent of the state average of such expenditures, pursuant to chapter seventy A of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, regional school district or independent vocational school and held as a separate account and shall be expended by the school committee of such city, town, regional school district or independent vocational school without appropriation, notwithstanding the provisions of any general or special law to the contrary `tc6 $105,522,604 `tc5 Local Aid Fund 100.0% `tc3 BOARD OF REGENTS. `tc1 7066-0000 `tc4 For the office of the chancellor of higher education and the board of regents, including but not limited to a division of fiscal affairs, a division of labor relations and affirmative action, a division of research, policy and planning, a division of student affairs, a business office, an office of general counsel, and for the operation of the higher education computer network; provided, that not less than one million nine hundred and forty thousand two hundred and ninety-nine dollars be expended for the operation of the higher education computer network, including twenty-five positions; provided further, that notwithstanding any provision of general or special law to the contrary, data processing services may be rendered to agencies of the commonwealth and educational institutions at no expense to the system; provided further that charges for such services shall be allocated to the agencies and institutions of higher education utilizing the data processing system; and provided, further, that the data processing system shall maintain a schedule of fees for services provided to agencies, institutions and other educational organizations within the commonwealth, including not more than fifty-five positions `tc6 $3,341,404 `tc1 7066-0002 `tc4 The higher education computer network is hereby authorized to expend up to three hundred and thirty-six thousand dollars in fees and charges collected for data processing services rendered to agencies, institutions and other educational organizations of the commonwealth pursuant to section two of this act `tc6 $336,000 `tc1 7066-0005 `tc4 For the commonwealth's share of the cost of the compact for education `tc6 $58,400 `tc1 7066-0008 `tc4 For an office of compliance, reporting to the chancellor of board of regents, to perform financial and programmatic audits of all accounts administered under the auspices of the board of regents including tuition retention accounts; provided, that said office shall submit semi-annually to the house and senate committees on ways and means, to the secretary of administration and finance, and to the office of the state auditor a report detailing all audits performed, including the findings and recommendations of such audits, including not more than four positions `tc6 $144,893 `tc2 Scholarship Program. `tc1 7070-0031 `tc4 For a program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by chancellor of higher education and for students with serious physical impairments, known as the Ronald E. McNair Education Opportunity Program, including not more than twenty-five positions `tc6 $3,951,135 `tc1 7070-0032 `tc4 For the operation of student aid accounts, as determined by the board of regents; provided, that not more than five hundred thousand dollars shall be expended for the participation fund established pursuant to section fourteen A of chapter fifteen C of the General Laws `tc6 $2,069,105 `tc1 7070-0065 `tc4 For a scholarship program to provide financial assistance to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education within the commonwealth; provided, that the Massachusetts state scholarship office is authorized to expend no more one hundred and fifteen thousand dollars for a collaborative engineering program; provided further, that the Massachusetts state scholarship office is hereby authorized and directed to expend no less than nine million dollars for the purpose of providing financial assistance, which shall be subject to repayment, pursuant to section 87 of this act, to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education within the commonwealth; provided further, an amount not to exceed three and one-quarter percent of this appropriation may be used for the costs of administering the scholarship program; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office shall establish such regulations governing the eligibility and the awarding of financial assistance as he shall deem necessary, including not more than twelve positions provided further, that the Massachusetts state scholarship office is authorized and directed to expend no less than one million dollars to provide for the matching of scholarship grants to needy Massachusetts resident students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; and provided further, that such assistance be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; including not more than twelve positions `tc6 $35,000,000 `tc1 7077-0023 `tc4 For a contract with the Tufts School of Veterinary Medicine; provided that all funds appropriated herein shall be expended solely for supportive veterinary services provided to the commonwealth `tc6 $3,981,312 `tc1 7100-0102 `tc4 For a program in county cooperative extension work to be conducted by the University of Massachusetts at Amherst for the Berkshire, Bristol, Franklin, Hampden, Hampshire, Suffolk, Essex, Dukes/Nantucket, Middlesex, Worcester, and Norfolk County Cooperative Extension Services; provided, that no funds from this item shall be expended for privately leased space; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the chancellor of higher education is hereby authorized and directed to develop and implement a plan to relocate existing county cooperative offices from privately leased space to accommodations within the public system of institutions of higher education, including not more than thirty-two positions `tc6 $879,169 `tc1 7100-0200 `tc4 For the operation of state universities governed by the board of regents, including the office of the president of the University of Massachusetts and the William Joiner Center at the University of Massachusetts at Boston; provided, that notwithstanding any provision of law to the contrary, the board of regents shall allocate such appropriation in accordance with an allocation plan approved by house and senate committee on ways and means, which such allocation plan shall be approved within forty-five days of this act; provided that said board may, on July one, nineteen hundred and ninety-one, allocate from this appropriation an amount equal to up to eighty percent of the fiscal year nineteen hundred and ninety-two appropriation for this purpose to cover the ordinary maintenance of the existing system of universities of higher education, pending legislative approval of said allocation plan; provided further, that of the sum appropriated herein, not less than three hundred nineteen thousand and three hundred and seventy-five dollars be expended for the purpose of the William Joiner Center; provided further, that the University of Massachusetts board of trustees shall, in conjunction with the State Health Education Center at the University of Massachusetts Medical Center, maintain learning contracts for students admitted on or after the fall of nineteen hundred and seventy-eight which shall include provisions for "payback" service or monetary payback to the commonwealth for a period after said students have fulfilled all internship and residency requirements; provided further, that not less than seven hundred and ninety-five thousand six hundred and nineteen dollars shall be obligated for the purposes of the area health education centers program, also known as "AHEC" to be administered by the University Medical Center Institute; provided further, that of the sum appropriated herein, not less than one hundred thirty-six thousand eight hundred and sixteen dollars shall be obligated for the purposes of the State Health Education Center at the University of Massachusetts Medical Center; provided further, that not less than twenty million eight hundred eleven thousand eighty-five dollars shall be expended to support the University of Massachusetts Medical Center; provided further, that of the sum appropriated herein, not less than two hundred and thirteen thousand seven hundred and seventy-four dollars shall be obligated for the Paul E. Tsongas Industrial Historical Center at the University of Lowell; provided further, that of the sum appropriated herein, not less than two hundred and thirteen thousand seven hundred and seventy-four dollars shall be obligated for the purposes of the Mauricio Gaston Institute of Latino Community Development and Public Policy at the University of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than two hundred and ninety-nine thousand two hundred and eighty-four dollars shall be obligated for the purposes of research and analytical studies by the Monroe Trotter Institute at the University of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than four hundred and seventy-four thousand one hundred thirty dollars shall be obligated for the expense of a Gerontology Institute at the University of Massachusetts at Boston, including one hundred and forty-four thousand four hundred and twenty-six dollars for the endowment of a chair named in honor of the late Frank Manning; provided further, of the sum appropriated herein, not less than six hundred and thirty-seven thousand and ten dollars shall be obligated for the Physical Education Department at the University of Massachusetts at Boston, provided further, that of the sum appropriated herein, not less than sixty-four thousand one hundred and thirty-three dollars shall be obligated for the Center for Rural Massachusetts at Amherst; provided further, that the College of Food and Natural Resources at the University of Massachusetts at Amherst shall maintain a level of support to the county cooperative program sufficient to maintain the federal base grant; and provided further, that of the sum appropriated herein, not less than one hundred fifty thousand dollars be expended for a college preparation program at the University of Lowell; provided further, that of the sum appropriated herein, not less than three hundred and sixty-three thousand dollars shall be obligated for the Massachusetts Institute for Social and Economic Research at Amherst to manage United States census data and provide state population estimates and projections; and provided further, that the chancellor of the board of regents shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary, including not more than six thousand three hundred and ninety-nine positions `tc6 $236,871,369 `tc1 7100-0201 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the boards of trustees of each state university shall retain and may expend, for the administration and maintenance of each university, including the costs of personnel, in an amount not to exceed thirty-five million dollars in revenues which are attributable solely to the increase in authorized tuition rates approved by the board of regents in fiscal year nineteen hundred and ninety-two 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 university; and provided further, that pursuant to said regulations, each university shall prepare a spending plan for such funds; provided further, that all revenues credited to and all expenditures made shall be subject to an annual audit by the compliance unit of the board of regents, including not more than two hundred and sixty positions `tc6 $35,000,000 `tc1 7100-0300 `tc4 For the operation of state colleges governed by the board of regents; provided, that notwithstanding any provision of law to the contrary, the board of regents shall allocate such appropriation in accordance with an allocation plan approved by house and senate committees on ways and means, which such allocation plan shall be approved within forty-five days of this act; provided that said board may, on July one, nineteen hundred and ninety-one, allocate from this appropriation an amount equal to up to eighty percent of the fiscal year nineteen hundred and ninety-two appropriation for this purpose to cover the ordinary maintenance of the existing system of state colleges of higher education, pending legislative approval of said allocation plan; that the chancellor of the board of regents shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary, including not more than three thousand one hundred fifty-six positions `tc6 $91,320,509 `tc1 7100-0301 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the boards of trustees of each state college shall retain and may expend, for the administration and maintenance of each college, including the costs of personnel, in an amount not to exceed eleven million one hundred thousand dollars in revenues which are attributable solely to the increase in authorized tuition rates approved by the board of regents in fiscal year nineteen hundred and ninety-two 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 college; and provided further, that pursuant to said regulations, each college shall prepare a spending plan for such funds; provided further, that all revenues credited to and all expenditures made shall be subject to an annual audit by the compliance unit of the board of regents, including not more than five hundred and forty-two positions `tc6 $11,100,000 `tc1 7100-0400 `tc4 For the operation of state community colleges governed by the board of regents, provided, that notwithstanding any provision of law to the contrary, the board of regents shall allocate such appropriation in accordance with an allocation plan approved by the house and senate committees on ways and means, which allocation plan shall be approved within forty-five days of this act; provided that said board may, on July one, nineteen hundred and ninety-two, allocate from this appropriation an amount equal to up to eighty percent of the fiscal year nineteen hundred and ninety-two appropriation for this purpose to cover the ordinary maintenance of the existing system of community colleges of higher education, pending legislative approval of said allocation plan; provided, that of the sum appropriated herein not less than five hundred thousand dollars be obligated for the LEEP project at Northern Essex Community College, and provided further, that the chancellor of the board of regents shall require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary including not more than three thousand two hundred seventy-five positions `tc6 $104,377,477 `tc1 7100-0401 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the boards of trustees of each state community college shall retain and may expend, for the administration and maintenance of each community college, including the costs of personnel, in an amount not to exceed ten million six hundred thousand dollars in revenues which are attributable solely to the increase in authorized tuition rates approved by the board of regents in fiscal year nineteen hundred and ninety-two 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 university; and provided further, that pursuant to said regulations, each university shall prepare a spending plan for such funds; provided further, that all revenues credited to and all expenditures made shall be subject to an annual audit by the compliance unit of the board of regents, including not more than two hundred and thirty positions `tc6 $10,600,000 `tc1 7100-9504 `tc4 For the purchase of scientific, technological and other educational reference material for the libraries of the system of public higher education institutions `tc6 $3,408,240 `tc1 7220-0004 `tc4 For the operation of the Toxics Use Reduction Institute at the University of Lowell, in accordance with the provisions of chapter twenty-one I of the General Laws as established by chapter two hundred and sixty-five of the acts of nineteen hundred and eighty-nine, including not more than twenty positions `tc6 $1,082,289 `tc5 Toxic Use Reduction Fund 100.0% `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Secretary. `tc1 8000-0100 `tc4 For the office of the secretary; provided the executive office of public safety shall generate not less than thirty thousand dollars from fees collected for services performed through the auto etching program; and provided further, that three hundred thousand dollars shall be expended for the operation of the emergency telecommunications board of which an equivalent amount shall be collected pursuant to section eighteen F of chapter six A of the General Laws, as inserted by chapter two hundred and ninety-one of the acts of nineteen hundred and ninety, including not more than twenty-one positions `tc6 $996,251 `tc5 Highway Fund 85.0% General Fund 15.0% `tc1 8000-0105 `tc4 For the administration of the office of chief medical examiner and payment for services to medical examiners as authorized by section one hundred and eighty-four of chapter six of the General Laws, including not more than fifty-eight positions `tc6 $3,188,584 `tc1 8000-0110 `tc4 For the administration and operation of the criminal justice information system, including not more than forty-six positions `tc6 $2,459,547 `tc5 Highway Fund 50.0% General Fund 50.0% `tc1 8000-0111 `tc4 The criminal history systems board is hereby authorized to expend revenues collected up to a maximum of eighty thousand dollars from record check fees for the purpose of implementing the provisions of chapter three hundred nineteen of the acts of nineteen hundred and ninety, including the costs of personnel `tc6 $80,000 `tc1 8000-0112 `tc4 The criminal history systems board is hereby authorized to expend revenues collected up to maximum of five hundred twenty-two thousand dollars for user fee from the LEAPS/CJIS system `tc6 $522,000 `tc1 8000-1000 `tc4 For the operation of the building safety and access board; provided said board shall generate not less than two million three hundred thousand dollars from fees charged for inspections, including not more than seventy-four positions `tc6 $3,005,160 `tc1 8000-2000 `tc4 For a grant program for school crossing guards; provided the secretary of public safety shall promulgate said grant criteria; and provided further, not less than one hundred thousand dollars shall be expended for crossing guards in the city of Boston `tc6 $450,000 `tc5 Local Aid Fund 100.0% `tc2 Department of Police. `tc1 8100-0002 `tc4 For the administration and operation of the division of state police, including not more than one thousand two hundred and fifty positions `tc6 $55,165,265 `tc5 Highway Fund 100.0% `tc1 8100-0003 `tc4 For the division of the metropolitan district police; 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, including not more than six hundred and thirty positions `tc6 $24,831,342 `tc5 Local Aid Fund 36.0% Highway Fund 64.0% `tc1 8100-0004 `tc4 For the administration and operation of the registry police, including not more than two hundred seventy-nine positions `tc6 $8,397,766 `tc5 Highway Fund 100.0% `tc1 8100-0005 `tc4 For the administration and operation of the capitol police, including not more than one hundred positions `tc6 $2,576,018 `tc1 8100-0100 `tc4 For the administration and operation of the crime laboratory, including not more than thirty positions `tc6 $1,278,297 `tc1 8100-0150 `tc4 For the operation of an automated fingerprint identification system `tc6 $1,029,792 `tc1 8100-0200 `tc4 For the administration and operation of a motor carrier safety assistance program, including not more than sixteen positions `tc6 $300,000 `tc5 Highway Fund 100.0% `tc1 8100-0201 `tc4 The division of state police is hereby authorized to expend revenues collected up to a maximum of seven hundred thousand dollars from reimbursements received from the motor carrier safety assistance program, including the cost of personnel `tc6 $700,000 `tc1 8100-0300 `tc4 For the administration and operation of a drug enforcement administration task force `tc6 $73,720 `tc1 8100-0400 `tc4 For reimbursing certain cities and towns for fifty percent of career incentive salary increases for police officers `tc6 $6,700,000 `tc5 Local Aid Fund 100.0% `tc2 Massachusetts Criminal Justice Training Council. `tc1 8200-0200 `tc4 For the administration and operation of programs to be conducted by the Massachusetts criminal justice training council; provided, the secretary of public safety shall submit a plan for the consolidation of state training facilities; provided further, that notwithstanding any general or special law or agreement to the contrary, no cadet or police officer shall be compensated for travel time to and from any training facility; provided further, each cadet shall be charged one thousand two hundred dollars for said training programs; provided further, the criminal justice training council may accept gifts, contributions, grants and bequests of funds or other property from individuals, foundations, corporations, and federal, state or other governmental bodies, which funds or property may be expended or used with the approval of the council's members to discharge the council's responsibilities or to conduct its programs; and provided further, the criminal justice training council shall generate not less than ten thousand dollars from the sale of training materials and supplies, including not more than forty-nine positions `tc6 $2,138,946 `tc2 Department of Public Safety. `tc1 8311-1000 `tc4 For the administration of the department, including not more than forty positions `tc6 $1,200,000 `tc2 Division of Fire Prevention and Regulation. `tc1 8314-1000 `tc4 For the administration of the division, provided that one hundred thousand dollars of the amount appropriated herein shall be expended for a Suffolk county based arson prevention program; provided further, that said one hundred thousand dollars shall be assessed against insurance companies licensed to sell fire insurance in the commonwealth by the commissioner of insurance, and transferred to the General Fund, and such assessments shall be charged to the normal operating costs of each company; and provided further, that not more than ten percent of the amount designated for said arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section fourteen of chapter twenty-two of the General Laws, be paid from this appropriation; provided further, that the expenses of the fire safety commission be paid from this item, including not more than sixteen positions `tc6 $352,654 `tc1 8314-1100 `tc4 For expenses associated with the implementation of chapter twenty-one J, including not more than ten positions `tc6 $360,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc2 Massachusetts Fire Fighting Academy. `tc1 8350-0100 `tc4 For the administration of the academy including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, to be in addition to any federal funds available for the said purposes; provided, that notwithstanding the provisions of any general or special law to the contrary, sums for the estimated expenses of the administration of the academy including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, not to exceed one million nine hundred ten thousand dollars per year, provided that not less than fifty thousand dollars shall be available for the community based fire prevention program in the Fall River area, shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within thirty days after notice from the commissioner of estimated expenses; provided further, that the secretary of administration and finance shall report monthly to the house and senate committees on ways and means on the justification regarding any restriction on the hiring of fire training personnel, said report shall explain the derived savings to the general fund by not hiring said personnel in this item, including not more than twenty-five positions `tc6 $1,910,000 `tc2 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the administration and operation of the registry of motor vehicles, including the title division; 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 laws and rules; provided, 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 costs 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 within the commonwealth, pursuant to section one hundred and eighty-three of chapter six of the General Laws, including not more than eight hundred positions `tc6 $24,397,650 `tc5 Highway Fund 100.0% `tc1 8400-0002 `tc4 The registry of motor vehicles is hereby authorized to expend revenues collected up to a maximum of five hundred seventy-six thousand dollars from fees charged for salvage title certificates and inspections for the purpose of implementing the salvage title program, including the costs of personnel `tc6 $576,000 `tc1 8400-0006 `tc4 For the administration and operation of a motor carrier safety assistance program `tc6 $150,000 `tc1 8400-0007 `tc4 The registry of motor vehicles is hereby authorized to expend revenues collected up to a maximum of three hundred fifty thousand dollars from reimbursements received from the motor carrier safety assistance program `tc6 $350,000 `tc1 8400-0008 `tc4 The registry of motor vehicles is hereby authorized to expend (1) revenues collected up to a maximum of four million dollars from fees charged for class one and two commercial drivers' licenses, and (2) reimbursements received from federal commercial drivers' licenses grants for the purpose of implementing the federal commercial drivers' licensing program `tc6 $4,000,000 `tc1 8400-0024 `tc4 Notwithstanding the provisions of section two of chapter two hundred and eighty of the General Laws, the registry of motor vehicles is hereby authorized to expend revenue collected up to a maximum of five million dollars pursuant to chapter ninety C of the General Laws from assessments for civil motor vehicle infractions, including the cost of personnel; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section two of chapter two hundred and eighty, and shall not affect or alter the amounts of payments to cities and towns pursuant to said section two of chapter two hundred and eighty `tc6 $5,000,000 `tc2 Merit Rating Board. `tc1 8400-0100 `tc4 For expenses of the merit rating board authorized by chapter six of the General Laws; provided, however, that as of January first, nineteen hundred and eighty-five, that notwithstanding any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter ninety C of the General Laws, including not more than eighty-eight positions `tc6 $4,350,000 `tc2 Committee on Criminal Justice. `tc1 8600-0001 `tc4 For the administration of the committee on criminal justice, including not more than twelve positions `tc6 $324,831 `tc2 Military Division. `tc1 `tc4 Notwithstanding the provisions of chapter thirty of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades, so-called. `tc1 8700-0001 `tc4 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the Camp Curtis Guild rifle range and certain national guard aviation facilities, including not more than one hundred and thirty positions `tc6 $3,211,155 `tc3 Military-State Quartermaster. `tc1 8700-1140 `tc4 The state quartermaster is hereby authorized to expend revenues collected up to a maximum of seventy-five thousand dollars accrued from fees for the nonmilitary rental or use of armories of the first class for the cost of energy audits for said armories, for the cost of utilities and maintenance, and for the implementation of energy conservation measures with regard to said armories `tc6 $75,000 `tc1 8800-0001 `tc4 For the service of the civil defense agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities; provided further, that not less than fifty thousand dollars shall be available for the fuel, insurance, equipment, maintenance and miscellaneous expenses to sustain the operation of the Massachusetts Civil Air Patrol relating to aerial surveillance of Massachusetts and water areas to monitor for environmental pollution discharges, toxic waste dumps, transportation of hazardous materials and wastes and accidents involving said transport, in conjunction with the responsible agency, including not more than forty positions `tc6 $516,583 `tc1 8800-0100 `tc4 For matters pertaining to nuclear safety emergency preparedness; provided, that the director of the office of civil defense and emergency preparedness may enter into agreements with other state agencies for the purposes of undertaking this effort; provided further, that the costs of this effort, including fringe benefits and indirect costs, shall be assessed on nuclear regulatory commission licensees operating nuclear power generating facilities in the commonwealth; provided further, that the department of public utilities shall develop an equitable method of apportioning said assessments among said licensees; provided further, that said assessments shall be paid during the current fiscal year as provided by the department of public utilities and shall be credited to the General Fund `tc6 $381,108 `tc5 General Fund 96.9% Local Aid Fund 3.1% `tc1 8800-0200 `tc4 The Massachusetts Civil Defense Agency is hereby authorized to expend an amount not to exceed two hundred and fifty thousand dollars pursuant to section four hundred and twenty-nine of this act `tc6 $250,000 `tc2 Governor's Highway Safety Bureau. `tc1 8850-0001 `tc4 For providing matching funds for a federal planning and administration grant to the Governor's Highway Transportation Act of nineteen hundred and seventy-eight, section two hundred and seven (d), including not more than nine positions `tc6 $127,163 `tc5 Highway Fund 100.0% `tc1 8850-0015 `tc4 For the expense of the motorcycle safety program, including not more than two positions `tc6 $190,000 `tc5 Motorcycle Safety Fund 100.0% `tc2 Department of Correction. `tc1 8900-0001 `tc4 For the administration and operation of the commonwealth's correctional facilities; provided, that, notwithstanding any general or special law to the contrary, no collective bargaining agreement entered into by the commissioner of administration or his designee in fiscal year nineteen hundred and ninety-two shall contain an increase in roll-call pay for corrections officers, including not more than four thousand nine hundred and twenty positions `tc6 $191,583,332 `tc1 8900-0002 `tc4 For the administration of the department; provided, that the persons employed under the division of classification of prisoners shall not be subject to the civil service law and rules; provided further, that notwithstanding any provisions of law to the contrary, the director of civil service shall certify to the commissioner of correction, on receipt of permanent requisitions, names of correction officers to fill permanent vacancies; and provided further, that the department will provide monthly reports on overtime and excess quota position usage, by facility, to the house and senate committees on ways and means, including not more than one hundred and fifty positions `tc6 $4,885,035 `tc1 8900-0003 `tc4 For a program of correctional residential services, provided that not less than two hundred thousand dollars be obligated for assistance to incarcerated mothers, including not more than twenty-five positions `tc6 $3,819,052 `tc1 8900-0004 `tc4 For a health services program; provided, that, as of January first, nineteen hundred and ninety-two, no position other than that of psychiatrist or physician shall be funded contractually; provided further, that the commonwealth shall contract individually with said psychiatrists and physicians; and provided further, that the commissioner of correction shall file quarterly reports detailing expenditure patterns of this item with the house and senate committees on ways and means, including not more than four hundred positions `tc6 $26,280,000 `tc1 8900-0005 `tc4 For a program of in-patient and out-patient hospital care for inmates; provided the commissioner of correction shall seek competitive bids for the provision of said care; provided further, said contracts shall be effective on or before September first, nineteen hundred and ninety-one, and provided further, the commissioner of correction shall file quarterly review audit reports detailing the utilization of funds expended from this item `tc6 $4,945,667 `tc1 8900-0007 `tc4 For the expenses of the comprehensive offenders employment resources system; provided, that increased emphasis be placed on the provision of services to female offenders, including not more than two positions `tc6 $664,831 `tc1 8900-0008 `tc4 For county and state overcrowding relief, including the modular program, so-called; provided, that the commissioner is hereby authorized to enter into agreements with the sheriffs in all counties for the operation of additional housing units, and for a day reporting center and a correctional alcohol treatment facility in Hampden County; provided further, that the commissioner is hereby authorized to make quarterly advances to the treasurers of the counties pursuant to said agreements; provided further, that said treasurers shall deposit said advances into a fund to be expended solely for the purpose of said agreements; provided further, that any interest earned by said funds shall be deposited to said funds and that any unexpended balances including interest remaining in said fund as of June thirtieth, nineteen hundred and ninety-two shall be returned to the commonwealth; provided further, that all persons employed by said sheriffs pursuant to said agreements shall be considered county employees; provided further, that funds advanced to the county treasurers pursuant to these agreements may be spent for any services or items of supply or equipment which the sheriffs require to carry out the purpose of said agreements; such expenditures may include but are not limited to salaries, travel, uniform allowance, purchase and maintenance of equipment, and selecting contractual and professional services; and provided further, that no permission will be required for the sheriffs to transfer funds among codes or subcodes at the county level `tc6 $16,116,159 `tc1 8900-0009 `tc4 For a program of education services, including not more than one hundred positions `tc6 $3,652,246 `tc1 8900-0010 `tc4 For a prison industries and farm program; provided, that the commissioner of correction shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Highway Fund to the General Fund; provided further, that the commissioner of correction shall submit quarterly financial reports detailing revenues generated and expended, to the house and senate committees on ways and means, including not more than one hundred and forty-five positions `tc6 $942,048 `tc1 8900-0011 `tc4 The prison industries and farm program is hereby authorized to expend revenues collected from the sale of its products, up to a maximum of thirteen million one hundred and fourteen thousand two hundred and fifty-seven dollars sixty-eight thousand dollars, for the support of the program including costs of materials, supplies, equipment, maintenance of facilities and compensation of employees `tc6 $13,114,257 `tc1 `tc4 Except where otherwise specified, the following five items shall be subject to the authority of the Executive Office of Public Safety. `tc1 8910-0010 `tc4 For a program of operational grants for the purpose of establishing alternatives to incarceration programs to reduce overcrowding in prisons, houses of correction and jails, pursuant to regulations established by the secretary for public safety `tc6 $1,338,826 `tc5 Local Aid Fund 50.0% General Fund 50.0% `tc1 8910-0020 `tc4 For a program of operational grants to counties for the purpose of establishing and expanding minimum security and pre-release county correctional facilities and programs to reduce prison overcrowding, pursuant to regulations promulgated by the secretary for public safety; provided, that said regulations require the grant application to be filed by the sheriff of a county; provided further, that the secretary is hereby authorized to make advances to the sheriffs pursuant to said grants; and provided further, that no grant shall be awarded without the prior approval of the house and senate committees on ways and means `tc6 $5,343,525 `tc5 Local Aid Fund 100.0% `tc1 8910-0030 `tc4 For a reserve to fund county correctional expansion programs; provided, that funds may only be used for new beds opened in fiscal year nineteen hundred and ninety-one and nineteen hundred and ninety-two; provided further that of the sum appropriated herein, not less than five million dollars shall be expended for the new Suffolk House of Correction; provided further, that the department of correction, the county government finance review board, the Massachusetts' Sheriff's Association, and the division of capital planning and operations shall submit a joint plan to the secretary of administration and finance and to the house and senate committees on ways and means regarding the use of expansion reserve funds; such plan shall include facility opening dates, staffing requirements, number of beds, the annualized cost of the facilities, and an agreement on the number of state inmates to be housed in county facilities; provided further, that this same group shall submit, to the house and senate committees on ways and means, no later than the last Wednesday of January nineteen hundred and ninety-two, a joint comprehensive plan dealing with the county and state prison overcrowding problem which shall include the overall number of beds, estimated growth of inmates, alternatives to incarceration, and the most economical use of all available funding sources; provided further, that no expenditures shall be made from this item without prior approval of the house and senate committees on ways and means; and provided further, that, notwithstanding any provision of chapters one hundred and twenty-six or one hundred and twenty-seven of the General Laws or any other general or special law to the contrary, the current Suffolk County House of Correction and the new Suffolk County House of Correction shall be under the sole and exclusive control of the sheriff of Suffolk county who shall administer the same in the same manner and with the same authority as found in the statutes which govern the administration of the Suffolk County Jail, and under the provisions of sections 356 to 363 of this act; and provided further, that nothing herein contained shall affect the responsibility of the city of Boston to provide for the expenses of said Suffolk County Houses of Correction `tc6 $33,350,000 `tc1 8910-0040 `tc4 For a reserve to replace county taxes previously assessed upon municipalities for the operation of county jails, to be distributed in accordance with schedules prepared by the deputy commissioner of revenue for local services and approved by the house and senate committees on ways and means; provided, that each county shall expend during the fiscal year for the operation of county jails and houses of correction an amount not less than the sum of the amount distributed to it from this item and one hundred two and one-half percent of the amount expended for such purposes from tax revenues levied pursuant to sections thirty and thirty-one of chapter thirty-five of the General Laws in fiscal year nineteen hundred and eighty-nine; provided further, that the counties shall submit to the house and senate committees on ways and means, on or before January first, nineteen hundred and ninety-two, spending plans for all funds distributed to them from the commonwealth; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under this item; provided further, that upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to funds advanced; provided, further, that, except as provided herein, all funds deposited in said accounts and any interest accruing thereto shall be used solely for the purpose of maintenance and operation of jails and houses of correction; provided further, that the commissioner of revenue is authorized to adjust the assessment limit of any county under section twenty A of chapter fifty-nine of the General Laws by the amount by which the sum of the county's distribution from this item in fiscal nineteen hundred and eighty-nine and the county's fiscal nineteen hundred and eighty-nine assessment limit, compounded at two and one-half percent per annum, exceeds the sum of its distribution from this line item in fiscal nineteen hundred and ninety-two and its otherwise applicable fiscal nineteen hundred and ninety-two assessment limit; provided further, that in fiscal year nineteen hundred and ninety-two, notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county that does not have a budget for fiscal year nineteen hundred and ninety-two approved by the county finance review board as of July first nineteen hundred and ninety-one may expend funds for the operation of county government in fiscal year nineteen hundred and ninety-two in accordance with its most recently approved budget; and provided further, that any county which borrowed under the provisions of section six of chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine on or before July thirty-first, nineteen hundred and eighty-nine or which borrowed in fiscal nineteen hundred and eighty-nine under the provisions of section thirty-six A of chapter thirty-five of the General Laws, is hereby authorized to refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with the provisions of chapter thirty-five of the General Laws and section twelve of chapter sixty-four D of the General Laws, so far as applicable `tc6 $80,500,023 `tc5 Local Aid Fund 100.0% `tc1 8910-0050 `tc4 For the transportation of prisoners to and from the several departments of the trial court by the sheriffs of the various counties, including the cost of personal services and the purchase of vehicles and other equipment for said purposes; provided, that the secretary for public safety is hereby authorized to advance funds to the county treasurer of each county for the purpose of this item; provided further, that the secretary for public safety, upon agreement of the respective sheriffs, may adjust said advances in such a fashion as is necessary to meet the actual cost of said transportation; provided further; that each such treasurer shall deposit said advances into a fund to be expended solely for the purpose of this item; and provided further, that any interest earned by said fund shall be deposited to said fund and made available for expenditure for the purpose of this item in addition to the amounts appropriated herein and that any unexpended balance of such fund as of June thirtieth, nineteen hundred and ninety-two, shall be returned to the Local Aid Fund `tc6 $5,992,067 `tc5 Local Aid Fund 100.0% `tc2 Parole Board. `tc1 8950-0001 `tc4 For the operation the parole board `tc6 $10,840,845 `tc2 Victim and Witness Program. `tc1 8950-0002 `tc4 For the victim and witness assistance program of the parole board, in accordance with the provisions of chapter two hundred and fifty-eight B of the General Laws `tc6 $164,658 `tc5 Victim and Witness Assistance Fund 100.0% `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-0100 `tc4 For the office of the secretary, including not more than nine positions `tc6 $480,970 `tc1 9000-1801 `tc4 For the administration of the Massachusetts Office of Business Development; provided, however, that of the amount appropriated herein, not less than one hundred twenty-five thousand dollars shall be obligated for the support of programs operated by a farm workers' organization serving low income people and the Hispanic population of western Massachusetts; provided further, that no less sixteen thousand dollars shall be obligated for a corporate child care program, including not more than twenty-five positions `tc6 $950,315 `tc1 9000-1820 `tc4 For the purpose of financing the required state share of the cost of operating a small business development center; provided, that no funds shall be expended from this account until such time as the small business administration has executed a grant or contract with the University of Massachusetts for the operation of said center; provided further, that the funds expended from this account shall not exceed twenty-five percent of the gross operation cost of said center; and provided further, that quarterly reports of expenditures shall be filed with the house and senate committees on ways and means `tc6 $621,238 `tc1 9000-1900 `tc4 For the expenses of the office of travel and tourism provided, that of the amount appropriated herein not less than three hundred thousand dollars shall be expended for contracts for the promotion of vacation travel within the commonwealth; and provided further, that of the amount appropriated herein not less than three hundred thousand dollars shall be expended for the expenses of the Massachusetts Film Bureau; and provided further, that of the amount appropriated herein not less than seven hundred thousand dollars shall be expended for the expenses of the Massachusetts International Trade Council; and provided further, that the office of travel and tourism is hereby authorized and directed to provide: 1) services to and on behalf of local tourist councils, 2) services to bring the film industry into the commonwealth and 3) a program on international trade; provided further, that an annual report documenting the economic activity of the film industry in the commonwealth be filed with the house and senate committees on ways and means; and provided further, that the office of travel and tourism shall be a corporation for the purpose of entering into contracts with other public agencies including state authorities and said office is hereby authorized and directed to seek federal tax exempt status; and provided further, that notwithstanding any general or special law to the contrary, the office of travel and tourism is hereby authorized and directed to enter into an agreement or agreements with the Massachusetts Port Authority and the Massachusetts Turnpike Authority to provide services, in conjunction with or on behalf of the office of travel and tourism, for the purposes of domestic and international tourism and trade promotions and programs, including but not limited to grants to local tourist councils, which shall be developed and implemented by said authorities in consultation with the office of travel and tourism and the local tourist councils; provided further, that said agreement(s) shall be filed with the house and senate committees on ways and means by September first, nineteen hundred and ninety-one; and provided further, that no funds shall be expended for any travel by members of the general court, including not more than thirty-two positions `tc6 $4,100,000 `tc1 9000-2200 `tc4 For the expenses of the state office of minority and women business assistance, including not more than twelve positions `tc6 $461,868 `tc1 9081-7006 `tc4 For the expenses of the MassJobs Southeast Projects `tc6 $177,279 `tc1 9081-7011 `tc4 For the expenses of Bay State Skills Corporation and the Industry Responsive Training Program; and employment training, and counseling of Displaced Homemakers; provided that a report of all revenues, expenditures, assets and liabilities of said corporation be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means; provided further, that said corporation shall remain as a quasi-public corporation; and provided further that not less than two hundred thousand dollars shall be expended for the purposes of teacher training programs; and provided further, that notwithstanding any general or special law to the contrary, said corporation shall cease to receive funding or financial support of any kind from the commonwealth on June thirtieth, nineteen hundred and ninety-two `tc6 $1,225,000 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc2 Office of the Secretary. `tc1 9110-0100 `tc4 For the planning and administration of the executive office of elder affairs; provided, that the secretary of elder affairs shall, with the cooperation of the legislature, seek private funding of not more than thirty-seven thousand dollars for the elder advocacy organization known as the silver haired legislature; provided further, that the commissioner of capital planning and operations shall assign said executive office with adequate office space within state owned properties on or before October thirty-first, nineteen hundred and ninety-one; and provided further, that not more than one hundred and fifty thousand dollars shall be expended for the purposes of said transition, including not more than thirty-six positions `tc6 $2,144,143 `tc1 9110-1603 `tc4 For a reserve for home care and related services for individuals who maintain residence in a community environment in the event of changes in medicaid nursing home admittance criteria, which may be promulgated by the department of public welfare; provided said clients shall be subject to the same rules and regulations as those clients served under item 9110-1630 of this act `tc6 $8,276,000 `tc1 9110-1630 `tc4 For a home care program including home health and respite services, a protective services program and other programs which serve the elderly; provided that the secretary of elder affairs is authorized and directed to undertake a study of the feasibility of providing for the reimbursement of grocery delivery services, adaptive devices for personal care, and minor home modification services in those instances where such interventions would reduce the short or long term need for other, more costly interventions, and for the provision of adult day health care services and adult foster care to home care clients, including, but not limited to clients eligible for medical assistance under chapter 188E, subject to a determination of need pursuant to assessment procedures issued by the department; provided further that said secretary is further authorized and directed to undertake a study of the feasibility of promoting the use of such adult foster care as a cost-effective alternative to institutional respite care, long-term nursing home placement, and short-term placement following hospital discharge; provided that the home care program shall include a sliding fee program in which all qualified elders shall participate, which shall include provisions to waive said fee in cases where the secretary of elder affairs determines assessment would cause extreme financial hardship; provided further, that revenues accrued from said sliding fees be deposited in the General Fund and that not more than three hundred thousand dollars be expended for the administration of the home care program as defined in item 9110-1633; and provided further the secretary of elder affairs and the commissioner of welfare shall develop a plan for the most cost effective method of delivering services to elders who are eligible for both medicaid and home care services and said plan shall be filed with the house and senate committees on ways and means on or before December thirty-first nineteen hundred and ninety-one; 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 after the effective date of this act a plan indicating the estimated monthly caseload to be supported by the appropriation in this item and item 9110-1603; 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 of administration and finance, no later than two months following the month reported; provided further that the secretary of elder affairs is hereby authorized and directed to work with the commissioner of public welfare and the director of the office of purchased services to identify all home care program services which meet the federal definition of personal care services in 42 CFR 440.170(f) and case management in 1915(g) of Title XIX, and to request federal matching funds for such services furnished to persons eligible for medical assistance under the provisions of chapter one hundred and eighteen E of the General Laws which are not presently reimbursable under any federal waiver program; and provided further, no funds appropriated herein shall be expended from this item for the expenses of home care corporations' administration or case management services `tc6 $72,002,305 `tc1 9110-1633 `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 and item 9110-1603 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, that the executive office of elder affairs may permit home care corporations to expend no more than three hundred thousand dollars statewide in revenues from sliding fees for the administration of the home care program `tc6 $30,977,000 `tc1 9110-1635 `tc4 For a demonstration program in Fall River to provide twenty-four hour in-home medical and social assessment services and crisis intervention to elders in need and to elderly patients recently discharged from acute facilities `tc6 $123,198 `tc1 9110-1660 `tc4 For a program of congregate and shared housing services for the elderly; provided, that the department of elder affairs shall submit to the house and senate committees on ways and means a quarterly update, no later than the last day of the following quarter, of all new and existing coordinator positions filled and salaries paid for said positions `tc6 $755,734 `tc1 9110-1900 `tc4 For programs providing local services to the elderly including volunteer programs for the elderly; provided further, that all funds appropriated under this item for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends and for corpsmen participation in group insurance programs, as set forth in chapter one thousand one hundred and sixty-eight of the acts of nineteen hundred and seventy-three; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowed under earnings limitation sections of the Social Security Act and the stipend for part-time corpsmen shall not exceed one hundred and thirty dollars per month; provided further, that not less than two million five hundred thousand dollars shall be obligated for the administration of a meals program for elderly persons; provided further, that one million one hundred forty-seven thousand two hundred dollars shall be expended for the school lunch program authorized pursuant to section one L of chapter fifteen of the General Laws as amended by this act; and provided further, that the department of elder affairs shall maximize federal reimbursement for meals served herein `tc6 $4,554,771 `tc5 General Fund 74.81% Local Aid Fund 25.19% `tc1 9110-9002 `tc4 For grants to the councils on aging; provided the executive office of elder affairs shall establish an incentive grant program for those councils that implement long term care volunteer programs `tc6 $2,046,873 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Office of the Secretary. `tc1 9200-0100 `tc4 For the office of the secretary, including not more than sixteen positions `tc6 $542,324 `tc1 9200-0160 `tc4 For the expenses of the automobile insurance public education program `tc6 $96,000 `tc2 State Racing Commission. `tc1 9210-0001 `tc4 For the administration of the commission, including not more than thirty-nine positions `tc6 $1,757,309 `tc2 Alcoholic Beverages Control Commission. `tc1 9212-0001 `tc4 For the administration of the commission, including not more than thirty positions `tc6 $940,703 `tc2 Community Antenna Television Commission. `tc1 9215-0001 `tc4 For the administration of the community antenna television commission, including not more than nine positions `tc6 $200,000 `tc2 Division of Standards. `tc1 9218-0100 `tc4 For the administration of the division of standards, including not more than seventeen positions `tc6 $524,701 `tc1 9221-1000 `tc4 For the office of the commissioner, including not more than two hundred and twenty-one positions subject however to the condition that sections 270 to 273 inclusive of this act take effect pursuant to the provisions of this act. No funds authorized under this item shall be expended unless said sections are enacted into law pursuant to the provisions of this act. It is the intent of the General Court that the enactment of said sections operate as a condition to the expenditure of any funds authorized under this item `tc6 $7,044,355 `tc2 Division of Insurance. `tc1 9222-0100 `tc4 For the administration of the division, including expenses of the board of appeal, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section one of chapter five of the General Laws; provided further, that notwithstanding the provisions of section three of chapter seven hundred and twenty-eight of the acts of nineteen hundred and seventy-five, the provisions of section two of said chapter seven hundred and twenty-eight, including the levels of compensation therein authorized, shall continue to be effective after December thirty-first, nineteen hundred and seventy-eight, including not more than one hundred and thirty-two positions `tc6 $5,113,792 `tc5 General Fund 65.0% Highway Fund 35.0% `tc1 9222-0199 `tc4 For the expenses and administration of the board of appeal on motor vehicle liability policies and bonds, including not more than thirteen positions `tc6 $418,167 `tc5 Highway Fund 100.0% `tc2 Division of Registration. `tc1 9230-0001 `tc4 For the administration of the division; provided, that the position of investigator of radio-television technicians shall not be subject to chapter thirty-one of the General Laws, including not more than one hundred and twenty positions `tc6 $3,484,775 `tc1 9230-0150 `tc4 For the expenses of the board of registration and discipline in medicine and the committee on acupuncture, including not more than thirty-eight positions `tc6 $1,646,601 `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 nineteen hundred and ninety-two shall be made at a rate sufficient to produce not more than three million one hundred ninety-four thousand six hundred and ninety-two dollars, including not more than eighty-five positions `tc6 $3,194,692 `tc2 Transportation Division. `tc1 9272-0001 `tc4 For the administration of the division, including not more than thirty-five positions `tc6 $786,737 `tc5 Highway Fund 100.0% `tc2 Division of Energy. `tc1 9275-0003 `tc4 For the administration of the office 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 twenty-five positions `tc6 $593,044 `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, including not more than five positions `tc6 $184,650 `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 under chapter thirty of the General Laws, including not more than sixteen positions `tc6 $568,800 `tc1 9275-0600 `tc4 The energy facilities siting council is hereby authorized to expend revenues collected from filing fees in order to fund the review of applications to construct energy facilities, including not more than fifteen positions `tc6 $750,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc1 9400-0100 `tc4 For the office of the secretary including not more than eight positions `tc6 $274,217 `tc1 9400-1100 `tc4 For a program to promote employee involvement and ownership in the workplace `tc6 $72,000 `tc1 9400-1700 `tc4 For the expenses of administering the industrial service program and economic stabilization trust as provided by chapter twenty-three D of the General Laws, and for a reemployment assistance program as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws; provided, that a report of all revenues, expenditures, assets and liabilities of the program and of the Economic Stabilization Trust be filed quarterly with the secretary for administration and finance and the house and senate committees on ways and means `tc6 $150,000 `tc2 Department of Labor and Industries. `tc1 9410-0001 `tc4 For the expenses of the department of labor and industries; provided, that for a program to evaluate the asbestos level in public schools and other public buildings, the division of occupational hygiene may employ staff which shall not be subject to chapter thirty-one of the General Laws; provided further, that no position in the division of apprentice training shall be subject to chapter thirty-one of the General Laws provided further, that said agency shall administer the licensing and certification of deleaders; and provided further, that said agency shall conduct a program of recruitment and training for women in construction, including not more than one hundred and thirty-three positions `tc6 $4,835,398 `tc2 Board of Conciliation and Arbitration. `tc1 9420-0100 `tc4 For the expenses of the board of conciliation and arbitration, including not more than fifteen positions `tc6 $624,089 `tc2 Joint Labor-Management Committee. `tc1 9421-0100 `tc4 For the expenses of the joint labor-management committee, including not more than eight positions `tc6 $351,107 `tc2 Labor Relations Commission. `tc1 9430-0100 `tc4 For the administration of the commission, including not more than twenty-two positions `tc6 $875,202 `tc2 Department of Industrial Accidents. `tc1 9440-0200 `tc4 For the administration of the department and the advisory council; provided, that the General Fund shall be reimbursed for monies appropriated under this account and associated indirect and fringe benefit costs from assessments levied pursuant to section sixty-five of chapter one hundred and fifty-two of the General Laws, including not more than two hundred and eighty-five positions `tc6 $13,310,740 `tc3 LEGISLATURE. `tc2 Senate. `tc1 9511-0000 `tc4 For the compensation of senators `tc6 $1,605,000 `tc1 9511-8000 `tc4 For expenses of senators, including travel `tc6 $168,208 `tc1 9512-0000 `tc4 For the office of the senate clerk, prior appropriation continued `tc6 $557,480 `tc1 9512-0100 `tc4 For in-house printing, duplicating and other expenses, prior appropriation continued `tc6 $99,072 `tc1 9513-0000 `tc4 For the salary of the chaplain of the senate `tc6 $4,000 `tc1 9514-0000 `tc4 For the office of the senate counsel, prior appropriation continued `tc6 $590,000 `tc1 9515-0000 `tc4 For administrative and legislative aides to the senators, prior appropriation continued `tc6 $3,936,000 `tc1 9515-0100 `tc4 For the cost of unemployment, medicare and workmen's compensation charges assessed against the employees of the senate, prior appropriation continued `tc6 $115,200 `tc1 9516-0000 `tc4 For administrative, secretarial and clerical assistance to the senators, prior appropriation continued `tc6 $1,000,000 `tc1 9516-0030 `tc4 For a legislative intern and service program for the senate, prior appropriation continued. `tc1 9517-0000 `tc4 For the office of the senate committee on ways and means, prior appropriation continued `tc6 $1,122,612 `tc1 9518-0000 `tc4 For the office supplies and other expenses of the senators, prior appropriation continued `tc6 $620,160 `tc1 9519-5000 `tc4 For the salaries of court officers and pages of the senate, prior appropriation continued `tc6 $955,200 `tc1 9519-6000 `tc4 For the office of legislative post audit and oversight bureau of the senate, prior appropriation continued `tc6 $245,333 `tc1 9519-7000 `tc4 For legislative committee services for the senate, prior appropriation continued `tc6 $1,400,000 `tc1 9519-8000 `tc4 For the expenses of televising sessions of the senate `tc6 $1,750,000 `tc2 House of Representatives. `tc1 9621-0000 `tc4 For the compensation of representatives `tc6 $5,225,832 `tc1 9622-8000 `tc4 For expenses of representatives, including travel `tc6 $771,380 `tc1 9623-0000 `tc4 For the office of the clerk of the house of representatives `tc6 $475,000 `tc1 9624-0000 `tc4 For the salary of the chaplain of the house of representatives `tc6 $14,459 `tc1 9625-0000 `tc4 For the office of the house counsel `tc6 $956,054 `tc1 9626-0000 `tc4 For the office of the house committee on rules `tc6 $1,003,210 `tc1 9627-0050 `tc4 For the cost of unemployment, medicare and workmen's compensation charges assessed against the employees of the house of representatives `tc6 $270,000 `tc1 9628-0000 `tc4 For the office of the house committee on ways and means `tc6 $941,702 `tc1 9629-0000 `tc4 For clerical and other expenses of the members of the house of representatives `tc6 $2,487,347 `tc1 9630-0020 `tc4 For administrative and legislative aides to the members of the house of representative `tc6 $2,979,655 `tc1 9631-0021 `tc4 For the two administrative assistants to work within the county in which they reside under the direction of the elected representative from the Cape and Islands District; provided, that such assistants shall be residents of the districts; provided further, that each reside in separate counties and neither shall reside in the county in which the elected representative resides; and provided further, that such assistants shall be appointed by said elected representative `tc6 $44,097 `tc1 9632-0040 `tc4 For office supplies and other expenses of the house of representatives `tc6 $638,824 `tc1 9633-0000 `tc4 For the expenses of televising sessions of the house of representatives `tc6 $445,699 `tc1 9634-2000 `tc4 For the expenses related to the House Information Systems, including maintenance of data and telecommunications equipment `tc6 $154,349 `tc1 9634-3000 `tc4 For the salaries of court officers and pages of the house of representatives `tc6 $791,244 `tc1 9634-4000 `tc4 For the expenses of the office of the house committee on personnel administration `tc6 $34,452 `tc1 9634-5000 `tc4 For legislative committee services for the house of representatives `tc6 $4,614,286 `tc1 9634-6000 `tc4 For the office of legislative post audit and oversight bureau of the house of representatives `tc6 $831,686 `tc2 Sergeant-at-Arms. `tc1 9731-0000 `tc4 For the office of the sergeant-at-arms, prior appropriation continued `tc6 $497,146 `tc1 9734-1000 `tc4 For the salaries of clerks employed in the legislative document room, prior appropriation continued `tc6 $316,800 `tc1 9735-0000 `tc4 For contingent expenses of the senate and house of representatives and necessary expenses in and about the state house, with the approval of the sergeant-at-arms, prior appropriation continued `tc6 $180,030 `tc1 9736-0000 `tc4 For the rental, maintenance and updating of an electric roll call system `tc6 $22,532 `tc2 Other Expenses. `tc1 9737-0000 `tc4 For the legislative service bureau `tc6 $455,924 `tc1 9738-0001 `tc4 For the administration of the office of legislative data processing `tc6 $705,107 `tc1 9739-0003 `tc4 For the compilation, indexing, annotating, printing and other expenses in connection with the publication of the bulletin of committee hearings and of the daily list, with the approval of the joint committee on rules, prior appropriation continued `tc6 $140,757 `tc1 9742-0000 `tc4 For the administration of the legislative engrossing division, prior appropriation continued `tc6 $182,400 `tc1 9743-0000 `tc4 For printing, binding and paper ordered by the senate and house of representatives, or by concurrent order of the two branches, for printing the manual of the general court, with the approval of the clerks of the respective branches, and for biographical sketches of certain state and federal officials and other expenses, prior appropriation continued `tc6 $1,825,541 `tc1 9744-1000 `tc4 For telephone and telegraph service, prior appropriation continued `tc6 $1,898,018 `tc1 9745-0000 `tc4 For the emergency service of a physician, for medical supplies in the state house and for expenses, including the purchase of equipment in connection therewith, subject to the approval of the joint committee on rules; provided, that section twenty-one of chapter thirty of the General Laws shall not apply to the payments made under this item `tc6 $26,170 `tc1 9746-0000 `tc4 For the expenses of the joint committees on rules and for clerical and other assistance to the joint committees, prior appropriation continued `tc6 $129,600 `tc1 9747-0010 `tc4 For the expenses of joint standing and special committees authorized by joint order to sit and travel during the session and recess of the general court, said funds to be allocated to committees only upon written approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued `tc6 $31,341 `tc1 9748-0000 `tc4 For membership fees and programs of legislative associations for the general court of the commonwealth, with the approval of the president of the senate and the speaker of the house of representatives `tc6 $204,308 `tc1 9749-0000 `tc4 For the expenses of the special commission on financial services, established by section one hundred and eleven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, provided, however, that this appropriation shall be fully funded by assessments on depository, nondepository and other financial institutions `tc6 $480,000 `tcol;end

SECTION 2A. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1 `tch `tc1 `ts Item `t+1 `tch;end `tc3 DISTRICT ATTORNEYS. `tc1 0340-0318 `tc4 For the purposes of a federally funded grant entitled, Priority Drug Prosecution `tc6 $87,744 `tc3 SECRETARY OF THE COMMONWEALTH. `tc2 Massachusetts Historical Commission. `tc1 0526-0105 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Statewide Historical Survey `tc6 $580,000 `tc1 0526-0115 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Historical Commission - Federal Preservation Grants `tc6 $242,000 `tc3 Treasurer and Receiver-General. `tc2 Massachusetts Cultural Council. `tc1 0640-9717 `tc4 For the purposes of a federally funded grant entitled, Promotion of Arts, Basic State Grant `tc6 $510,000 `tc1 0640-9718 `tc4 For the purposes of a federally funded grant entitled, Promotion of Arts, Artists in Education `tc6 $90,000 `tc3 ATTORNEY GENERAL. `tc1 0810-6646 `tc4 For the purposes of a federally funded grant entitled, Crime Victim Compensation `tc6 $1,096,000 `tc1 0840-0110 `tc4 For the purposes of a federally funded grant entitled, Crime Victims Assistance `tc6 $1,589,707 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Administration and Finance. `tc1 1100-1514 `tc4 For the purposes of a federally funded grant entitled, Protection and Advocacy Grant `tc6 $363,000 `tc1 1100-1703 `tc4 For the purposes of a federally funded grant entitled, Administering Agency for Developmental Disabilities `tc6 $750,000 `tc1 1100-1704 `tc4 For the purposes of a federally funded grant entitled, Protection and Advocacy for Mentally Ill Individuals `tc6 $251,490 `tc1 1100-1710 `tc4 For the purposes of a federally funded grant entitled, Mass. Developmental Disabilities Council `tc6 $230,000 `tc1 1100-1711 `tc4 For the purposes of a federally funded grant entitled, Services for Developmental Disabilities `tc6 $280,000 `tc2 Office on Disability. `tc1 1107-2450 `tc4 For the purposes of a federally funded grant entitled, Client Assistance Program `tc6 $170,537 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5329 `tc4 For the purposes of a federally funded grant entitled, Fair Housing Assistance Program - Type II `tc6 $48,266 `tc1 1150-5338 `tc4 For the purposes of a federally funded grant entitled, Fair Housing Assistance Program - Type I `tc6 $115,098 `tc1 1150-5339 `tc4 For the purposes of a federally funded grant entitled, Equal Employment Resolution Contract `tc6 $485,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Environmental Affairs. `tc1 2000-0141 `tc4 For the purposes of a federally funded grant entitled, Coastal Zone Management Development `tc6 $1,250,000 `tc1 2000-0144 `tc4 For the purposes of a federally funded grant entitled, Assessment of Sand Inside Plymouth Bay `tc6 $25,000 `tc1 2000-0147 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Bay National Estuary Project `tc6 $63,000 `tc1 2000-0148 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Bay National Estuary Project `tc6 $437,000 `tc1 2000-9701 `tc4 For the purposes of a federally funded grant entitled, Hazardous Waste Small Generators `tc6 $106,000 `tc1 2000-9731 `tc4 For the purposes of a federally funded grant entitled, Buzzards Bay Project - Comprehensive Estuarine Management `tc6 $550,000 `tc1 2030-9701 `tc4 For the purposes of a federally funded grant entitled, Outdoor Recreation Projects `tc6 $3,000,000 `tc2 Department of Environmental Management. `tc1 2100-9702 `tc4 For the purposes of a federally funded grant entitled, Lawrence HSP NEA Grant `tc6 $19,580 `tc1 2100-9708 `tc4 For the purposes of a federally funded grant entitled, National Flood Insurance Program `tc6 $140,000 `tc1 2120-9701 `tc4 For the purposes of a federally funded grant entitled, Rural Community Fire Protection `tc6 $28,000 `tc1 2120-9707 `tc4 For the purposes of a federally funded grant entitled, Urban and Community Forestry `tc6 $738,000 `tc1 2120-9708 `tc4 For the purposes of a federally funded grant entitled, Improved Wood Utilization `tc6 $125,000 `tc1 2121-9709 `tc4 For the purposes of a federally funded grant entitled, Forestry Planning `tc6 $267,000 `tc1 2121-9710 `tc4 For the purposes of a federally funded grant entitled, Rural Fire Protection - Training and Excess Property `tc6 $108,000 `tc1 2121-9731 `tc4 For the purposes of a federally funded grant entitled, Recreational Capital Expenditures - Federal Share `tc6 $20,935 `tc1 2130-9703 `tc4 For the purposes of a federally funded grant entitled, Washington Mountain Brook Watershed Project `tc6 $998,392 `tc1 2130-9705 `tc4 For the purposes of a federally funded grant entitled, Suasco Watershed Flood Control Reservoir `tc6 $48,909 `tc1 2130-9711 `tc4 For the purposes of a federally funded grant entitled, Baiting Brook Watershed Project `tc6 $350,000 `tc1 2140-9705 `tc4 For the purposes of a federally funded grant entitled, Waquoit Bay National Estuarian Reserve `tc6 $320,000 `tc2 Department of Environmental Protection. `tc1 2200-9704 `tc4 For the purposes of a federally funded grant entitled, Solid Waste Disposal - Conservation and Recovery `tc6 $1,645,700 `tc1 2200-9705 `tc4 For the purposes of a federally funded grant entitled, Underground Water Source Protection Program `tc6 $90,379 `tc1 2200-9706 `tc4 For the purposes of a federally funded grant entitled, Water Quality Management Planning `tc6 $622,356 `tc1 2200-9709 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Multi-Site Cooperative Agreement `tc6 $1,939,479 `tc1 2200-9712 `tc4 For the purposes of a federally funded grant entitled, Cooperative Agreement - Leaking Underground Storage Tank Program `tc6 $1,650,000 `tc1 2200-9713 `tc4 For the purposes of a federally funded grant entitled, Cooperative Agreement PSC Palmer Superfund Site `tc6 $338,227 `tc1 2200-9715 `tc4 For the purposes of a federally funded grant entitled, Core Cooperative Agreement Cercla Implementation Support `tc6 $332,006 `tc1 2200-9720 `tc4 For the purposes of a federally funded grant entitled, Blackstone Valley Project `tc6 $100,000 `tc1 2200-9740 `tc4 For the purposes of a federally funded grant entitled, Municipal Training Program `tc6 $250,000 `tc1 2240-9705 `tc4 For the purposes of a federally funded grant entitled, Shallow Injection `tc6 $35,000 `tc1 2240-9707 `tc4 For the purposes of a federally funded grant entitled, 1991 Water Pollution Control Program `tc6 $1,850,000 `tc1 2240-9709 `tc4 For the purposes of a federally funded grant entitled, Clean Lakes Program `tc6 $365,380 `tc1 2240-9710 `tc4 For the purposes of a federally funded grant entitled, State Management Assistance Grant `tc6 $2,500,000 `tc1 2240-9712 `tc4 For the purposes of a federally funded grant entitled, Technical Assistance and Training `tc6 $35,000 `tc1 2240-9713 `tc4 For the purposes of a federally funded grant entitled, Wastewater Laboratory Training Program `tc6 $85,000 `tc1 2240-9716 `tc4 For the purposes of a federally funded grant entitled, Non-point Source Assessment Report and Management Plan `tc6 $400,000 `tc1 2240-9717 `tc4 For the purposes of a federally funded grant entitled, Non-point Source Management Plan `tc6 $424,000 `tc1 2240-9718 `tc4 For the purposes of a federally funded grant entitled, NPS New Management Plan `tc6 $300,000 `tc1 2240-9719 `tc4 For the purposes of a federally funded grant entitled, Lake Water Quality Assessment `tc6 $44,000 `tc1 2250-9701 `tc4 For the purposes of a federally funded grant entitled, Public Water Supply Supervision Program `tc6 $631,309 `tc1 2250-9704 `tc4 For the purposes of a federally funded grant entitled, Toxic Use Reduction `tc6 $108,534 `tc1 2250-9710 `tc4 For the purposes of a federally funded grant entitled, Statewide Air Pollution Control Program `tc6 $3,661,100 `tc1 2310-9701 `tc4 For the purposes of a federally funded grant entitled, Whetstone Brook Acid Stream Mitigation Research Program `tc6 $31,002 `tc3 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2330-9709 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Research and Development `tc6 $84,000 `tc1 2330-9712 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics `tc6 $140,000 `tc1 2330-9714 `tc4 For the purposes of a federally funded grant entitled, Commercial Fisheries Extension `tc6 $15,000 `tc1 2330-9718 `tc4 For the purposes of a federally funded grant entitled, Characterization of Striped Bass Landing `tc6 $2,000 `tc1 2330-9719 `tc4 For the purposes of a federally funded grant entitled, Fisheries Resource Assessment `tc6 $75,000 `tc1 2330-9721 `tc4 For the purposes of a federally funded grant entitled, Anadromous Fish Management `tc6 $78,000 `tc1 2340-9701 `tc4 For the purposes of a federally funded grant entitled, Safe Boating Program `tc6 $645,000 `tc1 2330-9722 `tc4 For the purposes of a federally funded grant entitled, PCB Monitoring and Finfish Diseases Research - Buzzards Bay `tc6 $13,200 `tc2 Department of Food and Agriculture. `tc1 2511-0310 `tc4 For the purposes of a federally funded grant entitled, Pesticide Enforcement `tc6 $262,500 `tc1 2511-0320 `tc4 For the purposes of a federally funded grant entitled, Certification of Pesticide Applicators `tc6 $31,400 `tc1 2516-9002 `tc4 For the purposes of a federally funded grant entitled, Development of Institutional Marketing `tc6 $150,220 `tc1 2516-9003 `tc4 For the purposes of a federally funded grant entitled, Farmers' Market Coupon Program `tc6 $373,125 `tc1 2516-9004 `tc4 For the purposes of a federally funded grant entitled, Food and Nutrition Data Base `tc6 $12,500 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3722-9011 `tc4 For the purposes of a federally funded grant entitled, Supportive Housing Demonstration Program `tc6 $2,000,000 `tc1 3722-9013 `tc4 For the purposes of a federally funded grant entitled, Section 8 Existing Housing Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $55,000,000 `tc1 3722-9014 `tc4 For the purposes of a federally funded grant entitled, Section 8 Federal Housing Voucher Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $13,000,000 `tc1 3722-9019 `tc4 For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $16,000,000 `tc1 3722-9020 `tc4 For the purposes of a federally funded grant entitled, Section 8 New Construction Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $4,500,000 `tc1 3724-3037 `tc4 For the purposes of a federally funded grant entitled, Small Cities Community Development Block Grant Program; provided, that revenues not to exceed an amount of two million dollars accrued from economic development programs may be expended without further appropriation; provided further, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $34,000,000 `tc1 3724-3040 `tc4 For the purposes of a federally funded grant entitled, Rental Rehabilitation Program `tc6 $188,083 `tc1 3724-9009 `tc4 For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $5,000,000 `tc1 3743-2030 `tc4 For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income Persons; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $4,906,544 `tc1 3743-2033 `tc4 For the purposes of a federally funded grant entitled, Low Income Home Energy Assistance Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $59,424,914 `tc1 3743-2034 `tc4 For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide monthly payments in advance to participating agencies `tc6 $8,944,698 `tc1 3743-2050 `tc4 For the purposes of a federally funded grant entitled, Emergency Community Services Homeless Program; provided, that consistent with applicable federal regulations and the state plan, the executive office of communities and development may provide quarterly payments in advance to participating agencies `tc6 $858,537 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Office of the Secretary. `tc1 4000-0701 `tc4 For the purposes of a federally funded grant entitled, the Cooperative Agreement for Primary Care `tc6 $122,958 `tc1 4000-0804 `tc4 For the purposes of a federally funded grant entitled, Refugee Targeted Assistance Grant `tc6 $985,816 `tc1 4000-0805 `tc4 For the purposes of a federally funded grant entitled, Refugee Resettlement Program, Social Services `tc6 $2,691,476 `tc1 4000-0806 `tc4 For the purposes of a federally funded grant entitled, Refugee Cash, Medical and Administration `tc6 $11,924,117 `tc1 4000-0807 `tc4 For the purposes of a federally funded grant entitled, State Legalization Impact Assistance Grant `tc6 $1,637,373 `tc1 4000-9000 `tc4 For the purposes of a federal grant for Refugee Resettlement Services `tc6 $329,360 `tc1 4000-9400 `tc4 For the purposes of a federally funded grant entitled, Alcohol, Drug Abuse, and Mental Health Services Block Grant `tc6 $202,561 `tc2 Massachusetts Commission for the Blind. `tc1 4110-3020 `tc4 For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that any reimbursement received for successful vocational rehabilitation closures under the federal Social Security Act's Vocational Rehabilitation Program may be used by the commission for the blind to provide for essential client programming, including but not limited to pre-vocational and supported employment services; provided further, that no reimbursement received for such vocational rehabilitation closures shall be expended by the commission without the prior approval of the secretary of health and human services and the secretary of administration and finance `tc6 $350,000 `tc1 4110-3021 `tc4 For the purposes of a federally funded grant entitled, Basic Support Grant - Section 110 `tc6 $5,471,007 `tc1 4110-3023 `tc4 For the purposes of a federally funded grant entitled, Independent Living Part A `tc6 $36,750 `tc1 4110-3024 `tc4 For the purposes of a federally funded grant entitled, Independent Living Part B `tc6 $291,375 `tc1 4110-3026 `tc4 For the purposes of a federally funded grant entitled, Independent Living Part C `tc6 $248,924 `tc1 4110-3027 `tc4 For the purposes of a federally funded grant entitled, Rehabilitation Training - Section 4 `tc6 $29,283 `tc1 4110-3028 `tc4 For the purposes of a federally funded grant entitled, Supported Employment `tc6 $110,095 `tc2 Massachusetts Rehabilitation Commission. `tc1 4120-0020 `tc4 For the purposes of a federally funded grant entitled, Vocational Rehabilitation `tc6 $28,700,000 `tc1 4120-0037 `tc4 For the purposes of a federally funded grant entitled, Technical Assistance for Supported Employment Programs `tc6 $90,000 `tc1 4120-0039 `tc4 For the purposes of a federally funded grant entitled, Development of MIS for Supported Employment Programs `tc6 $90,000 `tc1 4120-0171 `tc4 For the purposes of a federally funded grant entitled, Teaching Grant and Traineeships in RSA Training `tc6 $100,000 `tc1 4120-0187 `tc4 For the purposes of a federally funded grant entitled, Supported Employment Program `tc6 $800,000 `tc1 4120-0511 `tc4 For the purposes of a federally funded grant entitled, Disability Determination Services `tc6 $22,000,000 `tc1 4120-0760 `tc4 For the purposes of a federally funded grant entitled, Independent Living `tc6 $800,000 `tc1 4120-2435 `tc4 For the purposes of a federally funded grant entitled, Employment Project for SSDI Beneficiaries `tc6 $60,000 `tc1 4120-4020 `tc4 For the purposes of a federally funded grant entitled, Disability Determination Service `tc6 $1,533,370 `tc2 Massachusetts Commission for the Deaf and Hard of Hearing. `tc1 4125-0103 `tc4 For the purposes of a federally funded grant entitled, Assistive Technology Partnership `tc6 $584,983 `tc2 Office for Children. `tc1 4130-2087 `tc4 For the purposes of a federally funded grant entitled, Dependent Care Planning and Development provided that, one hundred and twenty-two thousand three hundred and ninety-two dollars shall be expended for operating expenses of child care resource and referral programs that provide direct services to parents, and one hundred and eighty-three thousand five hundred and eighty-nine dollars shall be expended to provide through contracts basic day care services for school-age children of income eligible working families not eligible for child care as defined by Title IV-F of the Social Security Act `tc6 $305,981 `tc1 4130-2088 `tc4 For the purposes of a federally funded grant entitled, Child Development Assistance `tc6 $46,170 `tc1 4130-9001 `tc4 For the purposes of a federal grant entitled, the Licensing Grant `tc6 $169,894 `tc1 4130-9002 `tc4 For the purposes of a federal grant for Child Abuse Prevention Activities `tc6 $76,974 `tc2 Veterans' Services. `tc1 4170-0009 `tc4 For the purposes of a federally funded grant entitled, Veterans' Aid and Attendance Benefits `tc6 $400,000 `tc1 4170-0014 `tc4 For the purposes of a federally funded grant entitled, Veterans J.T.P.A. Title IV-C `tc6 $168,000 `tc3 DEPARTMENT OF PUBLIC WELFARE. `tc1 4400-1012 `tc4 For the purposes of a federally funded grant entitled, Medicaid Management; provided, that federal funds received for the purpose of Medicaid administration, not to exceed thirty-one million three hundred and ninety-two thousand dollars shall be credited to this item `tc6 $31,392,000 `tc1 4402-1734 `tc4 For the purposes of a federally funded grant entitled, Improving Access to Care for Pregnant Substance Abusers `tc6 $111,734 `tc1 4407-9002 `tc4 For the purposes of a federally funded grant entitled, HHS Employment and Training `tc6 $18,000,000 `tc1 4407-9055 `tc4 For the purposes of a federally funded grant entitled, Emergency Shelter Grant `tc6 $1,000,000 `tc1 4407-9057 `tc4 For the purposes of a federally funded grant entitled, Transitional Housing `tc6 $2,500,000 `tc1 4407-9060 `tc4 For the purposes of a federally funded grant entitled, Systematic Alien Verification for Entitlements (SAVE) `tc6 $350,000 `tc1 4407-9065 `tc4 For the purposes of a federally funded grant entitled, Child Care Licensing and Monitoring; provided, that not less than one hundred fifty thousand dollars shall be expended through child care resource and referral agencies and other qualified community based child care training programs for the provision of child care training `tc6 $300,000 `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 4500-1000 `tc4 For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant provided that not less than four hundred and fifty thousand dollars shall be obligated to the emergency medical services regions; and provided further, that not less than one hundred sixty-five thousand dollars be obligated for rape prevention and victim services `tc6 $2,930,000 `tc1 4500-2000 `tc4 For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant; provided, that the department shall review and assess the process by which it allocates resources under this appropriation; provided further, that this process will involve the use of a needs assessment that clearly considers the magnitude, severity, and degree of risk for identified health problems within individual communities; and provided further, that a specific focus will be taken to support programs serving communities/neighborhoods with high rates of poverty `tc6 $11,208,090 `tc1 4502-1012 `tc4 For the purposes of a federally funded grant entitled, Cooperative Health Statistics System `tc6 $350,000 `tc1 4510-0109 `tc4 For the purposes of a federally funded grant entitled, State Loan Repayment Project `tc6 $104,308 `tc1 4510-0400 `tc4 For the purposes of a federally funded grant entitled, Grants Program to Support Alzheimer's Disease Research `tc6 $2,500,000 `tc1 4510-9019 `tc4 For the purposes of a federally funded grant entitled, Environmental Monitoring Program `tc6 $56,463 `tc1 4510-9039 `tc4 For the purposes of a federally funded grant entitled, A Model Statewide Cancer Control Program `tc6 $218,000 `tc1 4510-9040 `tc4 For the purposes of a federally funded grant entitled, Diabetes Control Program `tc6 $200,000 `tc1 4510-9043 `tc4 For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Impact Health Assessments `tc6 $286,353 `tc1 4510-9048 `tc4 For the purposes of a federally funded grant entitled, Indoor Radon Development Program `tc6 $170,408 `tc1 4512-0102 `tc4 For the purposes of a federally funded grant entitled, Application of the Principles of the Control of Syphilis `tc6 $784,700 `tc1 4512-0179 `tc4 For the purposes of a federally funded grant entitled, Vaccination Assistance Project `tc6 $803,323 `tc1 4512-9404 `tc4 For the purposes of a federally funded grant entitled, Alcoholism Block Grant `tc6 $26,371,940 `tc1 4512-9409 `tc4 For the purposes of a federally funded grant entitled, Community Youth Activity Block Grant `tc6 $90,423 `tc1 4512-9411 `tc4 For the purposes of a federally funded grant entitled, Urban Neighborhood Intervention Teams for Youth `tc6 $496,905 `tc1 4512-9412 `tc4 For the purposes of a federally funded grant entitled, Waiting List Reduction Grant `tc6 $511,542 `tc1 4512-9414 `tc4 For the purposes of a federally funded grant entitled, Drug Free Schools `tc6 $1,950,247 `tc1 4512-9415 `tc4 For the purposes of a federally funded grant entitled, Boston Drug Treatment Improvement Project `tc6 $4,973,530 `tc1 4512-9416 `tc4 For the purposes of a federally funded grant entitled, Treatment Program for Critical Populations `tc6 $102,268 `tc1 4513-9007 `tc4 For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants and Children (WIC); provided, that the department shall report quarterly to the secretary of administration and finance and the joint committee on federal financial assistance on all expenditures from this item and the state nutrition program for women, infants, and children, including the numbers of participants in each program `tc6 $40,606,308 `tc1 4513-9011 `tc4 For the purposes of a federally funded grant entitled, AIDS Experimental Drug Program `tc6 $1,500,000 `tc1 4513-9018 `tc4 For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education/Risk Reduction Program `tc6 $5,800,224 `tc1 4513-9021 `tc4 For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps `tc6 $1,740,450 `tc1 4513-9022 `tc4 For the purposes of a federally funded grant entitled, Prevention Disability State Based Project `tc6 $445,500 `tc1 4513-9023 `tc4 For the purposes of a federally funded grant entitled, Lawrence Prenatal Support System `tc6 $165,300 `tc1 4513-9026 `tc4 For the purposes of a federally funded grant entitled, Families C.A.N. - Care & Nurturance for At-Risk Families `tc6 $328,492 `tc1 4513-9033 `tc4 For the purposes of a federally funded grant entitled, AIDS Death Index `tc6 $41,478 `tc1 4513-9034 `tc4 For the purposes of a federally funded grant entitled, HIV Home Health `tc6 $462,771 `tc1 4513-9035 `tc4 For the purposes of a federally funded grant entitled, AIDS Surveillance `tc6 $500,000 `tc1 4513-9037 `tc4 For the purposes of a federally funded grant entitled, AIDS Care `tc6 $1,454,614 `tc1 4515-0113 `tc4 For the purposes of a federally funded grant entitled, Health Program for Refugees `tc6 $204,688 `tc1 4515-0115 `tc4 For the purposes of a federally funded grant entitled, Tuberculosis Control Project (317) `tc6 $572,013 `tc1 4516-1015 `tc4 For the purposes of a federally funded grant entitled, Lab Training Network `tc6 $19,864 `tc1 4516-1016 `tc4 For the purposes of a federally funded grant entitled, Tuberculosis Control Data Program `tc6 $111,849 `tc1 4518-1000 `tc4 For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index (NDI) `tc6 $50,000 `tc1 4518-1001 `tc4 For the purposes of a federally funded grant entitled, National Linked Birth and Infant Data System `tc6 $11,000 `tc1 4518-l002 `tc4 For the purposes of a federally funded grant entitled, Social Security Administration - Massachusetts Death File `tc6 $42,740 `tc1 4518-1003 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Birth Records for Social Security Administration `tc6 $80,000 `tc1 4518-9022 `tc4 For the purposes of a federally funded grant entitled, Sentinel Event Notification System for Occupational Risks `tc6 $200,000 `tc1 4535-6605 `tc4 For the purposes of a federally funded grant entitled, Shattuck AIDS Supportive Care Unit `tc6 $222,000 `tc1 5897-9104 `tc4 For the purposes of a federally funded grant entitled, Special Health Services for the Elderly `tc6 $18,000 `tc3 DEPARTMENT OF SOCIAL SERVICES. `tc1 4800-0005 `tc4 For the purposes of a federally funded grant entitled, Children's Justice Act `tc6 $275,241 `tc1 4800-0007 `tc4 For the purposes of a federally funded grant entitled, Family Violence Prevention and Support Services `tc6 $154,614 `tc1 4800-0009 `tc4 For the purposes of a federally funded grant entitled, Title IV-E Independent Living Program `tc6 $340,635 `tc1 4800-1000 `tc4 For the purposes of a federally funded grant entitled, Child Care and Development Block Grant; provided, that not less than nine million seven hundred thousand dollars shall be used to provide contracted child care for income eligible working families not eligible for transitional child care as defined in Title IV-F of the Social Security Act; provided further, that not less than five hundred thousand dollars shall provide operating support for community-based child care resource and referral programs contracted to provide services administered through item 4130-0001 in section two of this act `tc6 $10,200,000 `tc1 4899-0001 `tc4 For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services `tc6 $4,474,633 `tc1 4899-0022 `tc4 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment - Basic Grant `tc6 $239,815 `tc1 4899-0024 `tc4 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment - Medical Grant `tc6 $56,903 `tc3 DEPARTMENT OF MENTAL HEALTH. `tc1 5012-9110 `tc4 For the purposes of a federally funded grant entitled, Mental Health Services - Homeless `tc6 $860,000 `tc1 5012-9112 `tc4 For the purposes of a federally funded grant entitled, Central Office Block Grant `tc6 $9,889,501 `tc1 5012-9115 `tc4 For the purposes of a federally funded grant entitled, Plan to Implement Uniform Integrated Data Collection Systems `tc6 $112,122 `tc1 5021-9102 `tc4 For the purposes of a federally funded grant entitled, Massachusetts C.S.P. State Service Improvement `tc6 $50,000 `tc1 5021-9116 `tc4 For the purposes of a federally funded grant entitled, Children Services (P.L. 89-313, Title I) `tc6 $149,000 `tc1 5047-9102 `tc4 For the purposes of a federally funded grant entitled, Child and Adolescent Service System `tc6 $161,381 `tc3 DEPARTMENT OF MENTAL RETARDATION, `tc1 5947-0002 `tc4 For the purposes of a federally funded grant entitled, Temporary Respite Care for Cambodian Families `tc6 $150,000 `tc1 5947-0003 `tc4 For the purposes of a federally funded grant entitled, Respite Care and Family Support `tc6 $141,006 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6000-0018 `tc4 For the purposes of a federally funded grant entitled, Statewide Assistance Rural Public Transportation `tc6 $935,424 `tc1 6000-0023 `tc4 For the purposes of a federally funded grant entitled, UMTA Technical Studies `tc6 $183,325 `tc1 6000-0049 `tc4 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation `tc6 $174,522 `tc1 6000-0054 `tc4 For the purposes of a federally funded grant entitled, Local Rail Service Assistance - Planning `tc6 $27,992 `tc1 6000-0180 `tc4 For the purposes of a federally funded grant entitled, Statewide Assistance Rural Public Transportation `tc6 $434,576 `tc1 6000-9923 `tc4 For the purposes of a federally funded grant entitled, UMTA Technical Studies `tc6 $172,752 `tc1 6000-9949 `tc4 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation `tc6 $796,771 `tc1 6000-9953 `tc4 For the purposes of a federally funded grant entitled, Berkshire County Line Project `tc6 $800,000 `tc1 6000-9954 `tc4 For the purposes of a federally funded grant entitled, Local Rail Service Assistance - Planning `tc6 $8,008 `tc1 6000-9957 `tc4 For the purposes of a federally funded grant entitled, Local Rail Service Assistance `tc6 $700,000 `tc3 Massachusetts Aeronautics Commission. `tc1 6006-0042 `tc4 For the purposes of a federally funded grant entitled, Airport System Planning `tc6 $1,287,586 `tc3 Department of Public Works. `tc1 6030-8880 `tc4 For the purposes of a federally funded grant entitled, Department of Public Works Slip Base Utility Pole Program `tc6 $8,000 `tc3 BOARD OF LIBRARY COMMISSIONERS. `tc1 7000-9666 `tc4 For the purposes of a federal grant entitled, Development of a Statewide Preservation Plan `tc6 $17,000 `tc1 7000-9703 `tc4 For the purposes of a federally funded grant entitled, Title III LSCA Interlibrary Cooperation `tc6 $448,330 `tc1 7000-9705 `tc4 For the purposes of a federally funded grant entitled, LSCA Program - Title I `tc6 $2,300,830 `tc1 7000-9707 `tc4 For the purposes of a federally funded grant entitled, Emergency Federal Jobs Bill - LSCA Title II `tc6 $834,891 `tc1 7000-9777 `tc4 For the purposes of a federally funded grant entitled, White House Conference: Library and Information Sciences `tc6 $4,000 `tc1 7000-9999 `tc4 For the purposes of a federally funded grant entitled, Library Services Construction Act, Title VI `tc6 $25,417 `tc3 DEPARTMENT OF EDUCATION. `tc1 7010-0013 `tc4 For the purposes of a federally funded grant entitled, Racial Imbalance Programs `tc6 $170,000 `tc1 7010-9706 `tc4 For the purposes of a federally funded grant entitled, Common Core Data Project `tc6 $21,165 `tc1 7010-9711 `tc4 For the purposes of a federally funded grant entitled, Desegregation - Technical Assistance `tc6 $350,000 `tc1 7010-9728 `tc4 For the purposes of a federally funded grant entitled, Elimination of Sex Discrimination - Technical Assistance `tc6 $170,000 `tc1 7010-9732 `tc4 For the purposes of a federally funded grant entitled, Chapter 2 Education Consolidation and Improvement Act - Administration `tc6 $1,649,000 `tc1 7027-9116 `tc4 For the purposes of a federally funded grant entitled, Occupational Education - Distribution `tc6 $15,750,000 `tc1 7027-9126 `tc4 For the purposes of a federally funded grant entitled, Occupational Education - Administration `tc6 $2,175,000 `tc1 7028-0141 `tc4 For the purposes of a federally funded grant Adult Education Literacy Distribution `tc6 $150,000 `tc1 7028-0142 `tc4 For the purposes of a federal grant for the Adult Education Literacy Administration `tc6 $70,000 `tc1 7028-0601 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped - Administration `tc6 $2,500,000 `tc1 7028-0816 `tc4 For the purposes of a federally funded grant entitled, Handicapped in Institutions - Distribution `tc6 $11,500,000 `tc1 7028-0890 `tc4 For the purposes of a federally funded grant entitled, Expanding Mainstreaming Opportunities for Children with Special Needs `tc6 $122,000 `tc1 7028-0891 `tc4 For the purposes of a federally funded grant entitled, Into the Mainstream `tc6 $172,000 `tc1 7030-0191 `tc4 For the purposes of a federally funded grant entitled, Coordination of Technical Assistance for Bilingual Education Programs by S.E.A.S `tc6 $85,000 `tc1 7030-9736 `tc4 For the purposes of a federally funded grant entitled, Chapter II, Education Consolidation and Improvement Act - Distribution `tc6 $7,500,000 `tc1 7030-9780 `tc4 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program - Administration `tc6 $210,000 `tc1 7030-9790 `tc4 For the purposes of a federally funded grant entitled, D.D. Eisenhower Math and Science Education Program - Distribution `tc6 $2,300,000 `tc1 7032-0207 `tc4 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program Administration `tc6 $60,000 `tc1 7032-0217 `tc4 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program Distribution `tc6 $160,000 `tc1 7032-0227 `tc4 For the purposes of a federally funded grant entitled, Drug Free Schools - Administration `tc6 $700,000 `tc1 7032-0228 `tc4 For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program `tc6 $330,000 `tc1 7032-0230 `tc4 For the purposes of a federal grant entitled, Drug Free Schools - Distribution `tc6 $7,500,000 `tc1 7032-0402 `tc4 For the purposes of a federally funded grant entitled, Chapter 2 - Administration `tc6 $1,300,000 `tc1 7035-0013 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped - Discretionary Funds `tc6 $2,600,000 `tc1 7035-0116 `tc4 For the purposes of a federally funded grant entitled, Chapter I, Education Consolidation and Improvement Act - Distribution `tc6 $115,000,000 `tc1 7035-0126 `tc4 For the purposes of a federally funded grant entitled, Neglected and Delinquent Children `tc6 $250,000 `tc1 7035-0136 `tc4 For the purposes of a federally funded grant entitled, Children in State Adult Correctional Institutions `tc6 $750,000 `tc1 7035-0146 `tc4 For the purposes of a federally funded grant entitled, Migrant Education `tc6 $5,750,000 `tc1 7035-0151 `tc4 For the purposes of a federal grant entitled, Homeless Children Youth Exemplary `tc6 $170,000 `tc1 7035-0156 `tc4 For the purposes of a federal grant entitled, Chapter 1 Capital Expenses for Private Schools `tc6 $1,200,000 `tc1 7035-0157 `tc4 For the purposes of a federal grant entitled, Chapter 1 Program Improvement `tc6 $450,000 `tc1 7035-0158 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Educational Program for Homeless Children `tc6 $100,000 `tc1 7035-0316 `tc4 For the purposes of a federally funded grant entitled, Education of the Handicapped - Distribution `tc6 $41,000,000 `tc1 7035-0713 `tc4 For the purposes of a federally funded grant entitled, Early Childhood Incentive - Administration `tc6 $400,000 `tc1 7035-0716 `tc4 For the purposes of a federally funded grant entitled, Preschool Incentive - Distribution `tc6 $5,500,000 `tc1 7035-0718 `tc4 For the purposes of a federally funded grant entitled, Preschool Incentive - Discretionary `tc6 $1,500,000 `tc1 7038-0002 `tc4 For the purposes of a federally funded grant entitled, Adult Basic Education Administration `tc6 $430,000 `tc1 7038-0106 `tc4 For the purposes of a federally funded grant entitled, Adult Basic Education - Distribution `tc6 $2,700,000 `tc1 7038-0109 `tc4 For the purposes of a federally funded grant entitled, Adult Education for the Homeless `tc6 $340,000 `tc1 7038-0119 `tc4 For the purposes of a federally funded grant entitled, Workplace Literacy Partnership - Administration `tc6 $460,000 `tc1 7038-0121 `tc4 For the purposes of a federal grant program entitled, the Workplace Literacy Partnership Distribution `tc6 $340,000 `tc1 7038-9724 `tc4 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance - Administration `tc6 $15,000 `tc1 7038-9746 `tc4 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance Distribution `tc6 $950,000 `tc1 7053-2105 `tc4 For the purposes of a federally funded grant entitled, Special Food Distribution Cash `tc6 $675,000 `tc1 7053-2111 `tc4 For the purposes of a federally funded grant entitled, Special Milk Program `tc6 $670,000 `tc1 7053-2112 `tc4 For the purposes of a federally funded grant entitled, School Lunch, Section 11 - Special Assistance `tc6 $39,100,000 `tc1 7053-2113 `tc4 For the purposes of a federally funded grant entitled, Community School Lunch Program `tc6 $14,200,000 `tc1 7053-2114 `tc4 For the purposes of a federally funded grant entitled, School Breakfast Program `tc6 $12,700,000 `tc1 7053-2117 `tc4 For the purposes of a federally funded grant entitled, Child Care Program `tc6 $37,250,000 `tc1 7053-2118 `tc4 For the purposes of a federally funded grant entitled, School Food Service - Management and Related Activities `tc6 $305,000 `tc1 7053-2126 `tc4 For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance `tc6 $1,532,000 `tc1 7053-2202 `tc4 For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children `tc6 $3,125,000 `tc1 7062-0008 `tc4 For the purposes of a federally funded grant entitled, Nutrition Program - Administration `tc6 $2,050,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc3 Executive Office of Public Safety. `tc1 8000-0179 `tc4 For the purposes of a federally funded grant entitled, Improving the Massachusetts Criminal History Record System `tc6 $59,911 `tc2 Department of Public Safety. `tc1 8311-2057 `tc4 For the purposes of a federally funded grant entitled, N.E.S.P.A.C. Regional Investigation `tc6 $1,693,000 `tc1 8314-9707 `tc4 For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program `tc6 $162,500 `tc2 Registry of Motor Vehicles. `tc1 8400-0006 `tc4 For the purposes of a federally funded grant entitled, Motor Carrier Safety Assistance Program `tc6 $262,183 `tc1 8400-0008 `tc4 For the purposes of a federally funded grant entitled, Commercial Driver Licensing Program `tc6 $228,039 `tc2 Committee on Criminal Justice. `tc1 8600-0002 `tc4 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act Planning `tc6 $66,975 `tc1 8600-0003 `tc4 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act `tc6 $735,491 `tc1 8600-0008 `tc4 For the purposes of a federally funded grant entitled, Drug Free Schools and Communities Act of 1986 `tc6 $1,950,247 `tc1 8600-0009 `tc4 For the purposes of a federally funded grant with an amount not to exceed five hundred thousand dollars to establish a demonstration security program for mission main in the Boston housing authority in the city of Boston, provided that said security program shall include education, police force participation, team police, crime watch and youth services; provided further, that any program authorized herein shall not violate federal standards or requirements governing the grants of this item; provided further, that the Massachusetts committee on criminal justice shall notify the joint committee on Housing and Urban Development on all grants distributed from this item, provided that said notification shall include a listing of grantees, program description, and amount awarded, entitled, Narcotics Control Assistance Program `tc6 $9,035,000 `tc1 8600-0010 `tc4 For the purpose of a federally funded grant entitled, Statistical Analysis Center `tc6 $29,987 `tc2 Civil Defense Agency. `tc1 8800-0003 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Assistance - Personal and Administrative Expenses `tc6 $715,934 `tc1 8800-0004 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Assistance - Distribution to Cities and Towns `tc6 $600,000 `tc1 8800-0005 `tc4 For the purposes of a federally funded grant entitled, Disaster Preparedness Assistance `tc6 $50,000 `tc1 8800-0006 `tc4 For the purposes of a federally funded grant entitled, Radiological Systems Maintenance `tc6 $208,159 `tc1 8800-0007 `tc4 For the purposes of a federally funded grant entitled, Radiological Defense Officer `tc6 $92,769 `tc1 8800-0008 `tc4 For the purposes of a federally funded grant entitled, Population Protection Planning Program `tc6 $240,000 `tc1 8800-0009 `tc4 For the purposes of a federally funded grant entitled, Emergency Management Training - State/Local Personnel `tc6 $85,000 `tc1 8800-0019 `tc4 For the purposes of a federally funded grant entitled, Superfund Amendment and Reauthorization Acts of 1986 `tc6 $43,000 `tc2 Governor's Highway Safety Bureau. `tc1 8850-0003 `tc4 For the purposes of a federally funded grant entitled, Highway Safety Program - Administrative and Planning Expenses `tc6 $200,000 `tc1 8850-0004 `tc4 For the purposes of a federally funded grant entitled, State Agency Programs `tc6 $2,600,000 `tc1 8850-0008 `tc4 For the purposes of a federally funded grant entitled, Evaluation of Massachusetts Saving Lives `tc6 $50,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1621 `tc4 For the purposes of a federally funded grant entitled, Job Training Partnership Act `tc6 $52,954,973 `tc1 9000-9764 `tc4 For the purposes of a federally funded grant entitled, Massachusetts Photovoltaic Evaluation and Training Program `tc6 $500,000 `tc2 Department of Employment and Training. `tc1 9081-0100 `tc4 For the purposes of a federally funded grant entitled, Department of Employment and Training, Administration `tc6 $101,293,083 `tc1 9089-1000 `tc4 For the purposes of a federally funded grant entitled, trade expansion act program `tc6 $2,300,000 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc2 Office of the Secretary. `tc1 9110-1074 `tc4 For the purposes of a federally funded grant entitled, Older Americans Assistance, Title III-74; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $8,291,500 `tc1 9110-1076 `tc4 For the purposes of a federally funded grant entitled, Community Achievement Award `tc6 $20,000 `tc1 9110-1173 `tc4 For the purposes of a federally funded grant entitled, Older Americans Act - Title VII Nutrition Program FY73; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $11,300,600 `tc1 9110-1178 `tc4 For the purposes of a federally funded grant entitled, Community Service Employment Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $1,575,400 `tc1 9110-1181 `tc4 For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies `tc6 $2,970,800 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. `tc2 Division of Energy. `tc1 9200-9642 `tc4 For the purposes of a federally funded grant entitled, Institutional Conservation Program `tc6 $49,325 `tc1 9200-9741 `tc4 For the purposes of a federally funded grant entitled, Energy Extension Service `tc6 $104,200 `tc1 9200-9742 `tc4 For the purposes of a federally funded grant entitled, State Energy Conservation Plan `tc6 $239,100 `tc1 9200-9757 `tc4 For the purposes of a federally funded grant entitled, Northeast Regional Biomass Program `tc6 $30,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Department of Labor and Industries. `tc1 9411-2013 `tc4 For the purposes of a federally funded grant entitled, Mine Safety and Health Training `tc6 $72,000 `tc1 9411-4203 `tc4 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Statistical Survey `tc6 $125,000 `tc1 9411-9701 `tc4 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Onsite Consultation Program `tc6 $715,900 `tcol;end

SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the following agencies are hereby authorized to expend such amounts as are listed in this section for the provision of services to agencies listed in section two of this act; provided, however, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section two or two A of this act to the Intergovernmental Service Fund, established pursuant to section two Q of chapter twenty-nine of the General Laws; provided further, that funds may be transferred between items within this section; provided further, that no expenditures shall be made from this fund which shall cause the Intergovernmental Service Fund to be in deficit at the close of fiscal year nineteen hundred and ninety-two; provided further, that, unless otherwise specified, all appropriations in this section shall be charged to the Intergovernmental Service Fund. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc3 STATE COMPTROLLER. `tc1 1000-0003 `tc4 For the cost of compliance with the mandate of the federal law and office of management and budget regulations for a comprehensive, statewide single audit of state operations; provided, that the state comptroller shall charge other items of appropriation for the cost of said audit from allocated federal funds transferred from federal reimbursement and grant receipts pursuant to line item 1000-0001 of section two of this act `tc6 $525,000 `tc3 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE. `tc2 Office of Management Information Systems. `tc1 1101-2310 `tc4 For the cost of computer resources and services provided by the bureau of computer services; provided that the commissioner of administration shall charge, pursuant to section eighteen of this act, to other items of appropriation for the purchase or lease of data processing and data communication goods and services for the bureau of computer services data center and data communications network `tc6 $3,200,000 `tc1 1101-4000 `tc4 The commissioner of administration is hereby authorized to expend five hundred thousand dollars generated from reimbursements received pursuant to this item for the purpose of conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communication lines, equipment, and services used by the commonwealth; provided, that all state departments and agencies shall participate or assist in such audits and surveys as directed by the commissioner. For the purpose of conducting such audits and surveys, the commissioner may enter into agreements with one or more private persons, companies, associations, or corporations; provided, that no such agreement shall be entered into unless proposals for the same have been invited by public notice; provided further, that any such agreement shall put forth the manner in which the compensation for such services shall be paid, including payment of a portion of, and only upon receipt of reimbursements from providers of communication services and equipment as a result of savings identified pursuant to this item; provided further, that the commissioner shall file quarterly status reports with the house and senate committees on ways and means; and provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item, including not more than one position `tc6 $500,000 `tc2 Department of Procurement and General Services - Micrographics. `tc1 1104-4028 `tc4 For the cost of micrographics production services rendered by the department of procurement and general services; provided, that the commissioner of administration shall charge to other items of appropriation for costs incurred by other agencies or other public entities, including not more than five positions `tc6 $300,000 `tc2 Department of Procurement and General Services - Vehicles. `tc1 1104-5211 `tc4 For the purchase, operation, and repair of certain vehicles under the authority of the state procurement department; provided, that the commissioner of administration shall charge to other items of appropriation for the cost of the operation and maintenance of all vehicles that are leased by other agencies `tc6 $2,000,000 `tc2 Department of Procurement and General Services - Postal and Supply Chargeback. `tc1 1104-6600 `tc4 For the purchase, delivery and handling of, and contracting for, supplies, postage, and related equipment, and for other incidental expenses of the department of procurement and general services as provided pursuant to the provisions of section fifty-one of chapter thirty of the General Laws, as appearing in the 1988 Official Edition; provided, that the comptroller may certify for payment, expenses and liabilities in an amount not to exceed two hundred and fifty thousand dollars; provided further, that the commissioner shall charge to other items of appropriation for the costs incurred by other agencies for the provision of said supplies, postage and equipment, including not more than four positions `tc6 $1,500,000 `tc2 Department of Procurement and General Services - Central Reprographics. `tc1 1104-6603 `tc4 For the provision of printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the commissioner of administration shall charge to other items of appropriation within the agencies of the executive branch for costs incurred for such services, including not more than four positions `tc6 $300,000 `tc2 Department of Procurement and General Services - Telecommunications. `tc1 1104-6608 `tc4 For the purchase, lease or rental of telecommunications lines, services and equipment; provided, that the commissioner of administration shall charge to other items of appropriation for costs necessary to allocate fairly the costs of certain telecommunication lines, services, and equipment that are centrally billed to the commonwealth `tc6 $13,000,000 `tc2 Department of Personnel Administration - TIER Training. `tc1 1108-1213 `tc4 For the costs of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the department of personnel administration is authorized to collect a seventy-five dollar administrative fee from vendors who submit proposals in response to Requests for Proposals for the Commonwealth of Massachusetts Master Service Agreement for Specialized Training and Consultation Services at the time of proposal submission; provided further, that any vendor who fails to deliver the appropriate administrative fee with its submission shall be deemed non-responsive and its proposal shall not be considered for contract award; provided further, that the department may expend such administrative fees collected from such vendors for the administration of such training programs; and provided further, that the department shall charge to other items of appropriation for the cost of participants enrolled in programs sponsored by the department, or to state agencies employing said participants `tc6 $1,000,000 `tc2 Division of Public Employees Retirement Administration - Workers' Compensation. `tc1 1108-6201 `tc4 For the purposes of workers' compensation paid to public employees; provided, that the commissioner of administration shall charge, pursuant to section thirty-three of this act, to other items of appropriation for the cost incurred on behalf of other agencies provided further, that the comptroller may transfer worker's compensation-related fringe benefit assessments from federal grants and trust accounts to this item `tc6 $29,500,000 `tc2 Reserves. `tc1 1599-3100 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the office of the comptroller is authorized to perform the collection, accounting and payment of the commonwealth's employer contributions to the unemployment compensation fund and medical security trust fund; provided, that in executing these responsibilities the comptroller is authorized to charge against individual appropriation accounts and certain non-appropriated funds amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense, or related charges; provided further, that the comptroller may implement a system of chargebacks and payments that operates with adequate timeliness to encourage administrative efficiency and satisfy all requirements of the law `tc6 $13,500,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Public Works. `tc1 6030-7501 `tc4 For the purchase of bulk fuel for certain vehicles under the authority of the state procurement department; provided, that the commissioner of the department of public works shall charge to other items of appropriation the cost of purchased fuel for other agencies and for certain administrative expenses related to purchasing and distributing the fuel `tc6 $2,000,000 `tcol;end `tm;keep=no

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the total amounts to be distributed and paid to each city, town, regional school district and county maintaining an agricultural school from items 0611-5500, 7061-0003 and 7061-0008 of section two of this act shall be set forth in the following list; provided, that the specified amounts to be distributed from item 7061-0008 of said section two are hereby deemed to be in full satisfaction of the amounts due under the provisions of sections three, six, and seven of chapter seventy of the General Laws; provided further, that the amounts to be distributed from item 0611-5500 of said section two are hereby deemed to be in full satisfaction of the amounts due under section thirty-seven of chapter twenty-one of the General Laws. No payments to cities and towns pursuant to this section shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section forty-three of chapter forty-four of the General Laws. In the case of regional school districts, distributions pursuant to this section shall not be paid by the state treasurer after November thirtieth of the fiscal year until he receives certification from said commissioner of the acceptance of the prior year's annual financial reports as prescribed by the director of accounts. The unencumbered amount in the excess and deficiency fund established pursuant to section sixteen B of chapter seventy-one of the General Laws shall constitute the amount certified to the regional school committee and the commissioner by the director of accounts as available on July first of the current fiscal year. Said director shall promulgate and from time to time revise rules and regulations for determining the available funds of a regional school district. No payments to cities, towns or regional school districts pursuant to items 7061-0003 and 7061-0008 of section two shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of education of said commissioner's acceptance of the end of year pupil and financial report submitted pursuant to the provisions of section three of chapter seventy-two of the General Laws. `tcol(?)=3;c1=1,47,tu;c2=50,12,tur;c3=66,12,tur `t+1

`tch `tc1 `ts `tu 0611-5500 `tu Additional 7061-0008 MUNICIPALITY Assistance Chapter 70 `t+1 `tch;end ABINGTON? 0? 3,251,792 ACTON? 37,368? 481,047 ACUSHNET? 30,043? 1,491,330 ADAMS? 44,096? 221,323 AGAWAM? 0? 4,283,470 ALFORD? 0? 0 AMESBURY? 0? 3,727,870 AMHERST? 280,503? 2,183,026 ANDOVER? 0? 1,184,598 ARLINGTON? 5,652,310? 2,317,868 ASHBURNHAM? 0? 0 ASHBY? 0? 0 ASHFIELD? 0? 0 ASHLAND? 366,937? 457,349 ATHOL? 5,507? 964,030 ATTLEBORO? 0? 7,818,902 AUBURN? 0? 2,198,222 AVON? 504,148? 152,415 AYER? 55,642? 2,635,951 BARNSTABLE? 0? 19,250 BARRE? 0? 0 BECKET? 10,797? 0 BEDFORD? 609,391? 490,485 BELCHERTOWN? 0? 1,492,620 BELLINGHAM? 0? 3,484,144 BELMONT? 1,041,278? 657,059 BERKLEY? 0? 588,982 BERLIN? 0? 211,348 BERNARDSTON? 0? 109,592 BEVERLY? 3,086,077? 2,749,315 BILLERICA? 2,956,313? 4,327,062 BLACKSTONE? 0? 0 BLANDFORD? 0? 0 BOLTON? 0? 0 BOSTON?206,638,214? 44,963,846 BOURNE? 443,645? 697,469 BOXBOROUGH? 0? 31,465 BOXFORD? 45,818? 66,760 BOYLSTON? 0? 123,201 BRAINTREE? 4,250,822? 1,219,876 BREWSTER? 0? 0 BRIDGEWATER? 0? 2,880,831 BRIMFIELD? 0? 203,702 BROCKTON? 5,424,063? 29,237,295 BROOKFIELD? 0? 458,859 BROOKLINE? 4,401,448? 910,428 BUCKLAND? 0? 60,077 BURLINGTON? 1,744,603? 1,149,103 CAMBRIDGE? 22,595,349? 1,473,559 CANTON? 1,104,851? 627,229 CARLISLE? 18,534? 105,601 CARVER? 0? 973,828 CHARLEMONT? 0? 54,847 CHARLTON? 0? 52,898 CHATHAM? 0? 0 CHELMSFORD? 3,190,395? 1,661,488 CHELSEA? 4,274,507? 9,036,966 CHESHIRE? 0? 49,957 CHESTER? 0? 57,706 CHESTERFIELD? 0? 0 CHICOPEE? 1,504,526? 12,908,998 CHILMARK? 0? 0 CLARKSBURG? 16,502? 463,231 CLINTON? 220,865? 3,209,829 COHASSET? 209,013? 361,084 COLRAIN? 0? 41,234 CONCORD? 483,163? 314,058 CONWAY? 0? 90,282 CUMMINGTON? 0? 179 DALTON? 0? 273,727 DANVERS? 1,408,080? 732,167 DARTMOUTH? 0? 2,560,980 DEDHAM? 1,950,847? 1,039,401 DEERFIELD? 0? 260,495 DENNIS? 0? 0 DIGHTON? 0? 0 DOUGLAS? 0? 569,309 DOVER? 0? 0 DRACUT? 0? 4,023,516 DUDLEY? 0? 143,821 DUNSTABLE? 37,846? 0 DUXBURY? 0? 678,361 EAST BRIDGEWATER? 0? 2,347,876 EAST BROOKFIELD? 0? 0 EAST LONGMEADOW? 0? 1,248,213 EASTHAM? 0? 0 EASTHAMPTON? 137,004? 3,706,629 EASTON? 0? 2,705,681 EDGARTOWN? 35,873? 24,658 EGREMONT? 0? 0 ERVING? 16,548? 88,888 ESSEX? 42,569? 119,013 EVERETT? 5,139,628? 1,200,671 FAIRHAVEN? 492,569? 2,611,111 FALL RIVER? 2,882,862? 35,476,423 FALMOUTH? 0? 563,415 FITCHBURG? 270,312? 11,188,559 FLORIDA? 0? 13,356 FOXBOROUGH? 0? 2,128,675 FRAMINGHAM? 5,911,189? 1,966,487 FRANKLIN? 0? 3,426,933 FREETOWN? 0? 407,093 GARDNER? 151,944? 4,600,615 GAY HEAD? 0? 0 GEORGETOWN? 66,691? 1,039,916 GILL? 0? 0 GLOUCESTER? 2,419,911? 1,046,988 GOSHEN? 0? 0 GOSNOLD? 2,469? 0 GRAFTON? 0? 1,656,475 GRANBY? 0? 1,129,475 GRANVILLE? 0? 74,678 GREAT BARRINGTON? 0? 428,467 GREENFIELD? 0? 4,764,816 GROTON? 0? 144,992 GROVELAND? 0? 526,902 HADLEY? 174,084? 124,967 HALIFAX? 0? 802,693 HAMILTON? 53,967? 30,021 HAMPDEN? 0? 507,944 HANCOCK? 22,195? 17,690 HANOVER? 1,669,092? 898,915 HANSON? 0? 1,639,292 HARDWICK? 4,062? 714 HARVARD? 69,324? 470,438 HARWICH? 0? 110,484 HATFIELD? 0? 160,004 HAVERHILL? 3,149,881? 9,636,205 HAWLEY? 16,264? 7,556 HEATH? 0? 0 HINGHAM? 420,485? 969,285 HINSDALE? 0? 32,636 HOLBROOK? 5,987? 2,651,849 HOLDEN? 0? 1,090,713 HOLLAND? 0? 56,295 HOLLISTON? 518,826? 1,726,786 HOLYOKE? 763,384? 17,006,708 HOPEDALE? 0? 609,758 HOPKINTON? 151,365? 437,641 HUBBARDSTON? 0? 0 HUDSON? 0? 3,381,625 HULL? 1,747,307? 1,267,196 HUNTINGTON? 0? 42,115 IPSWICH? 975,780? 503,164 KINGSTON? 0? 465,596 LAKEVILLE? 0? 434,728 LANCASTER? 0? 1,023,899 LANESBOROUGH? 0? 290,228 LAWRENCE? 239,970? 25,113,557 LEE? 0? 924,360 LEICESTER? 0? 2,537,143 LENOX? 90,787? 680,332 LEOMINSTER? 14,714? 7,184,711 LEVERETT? 0? 5,430 LEXINGTON? 0? 1,304,196 LEYDEN? 0? 0 LINCOLN? 367,459? 0 LITTLETON? 207,535? 305,234 LONGMEADOW? 0? 1,464,183 LOWELL? 7,978,998? 24,064,451 LUDLOW? 0? 3,032,767 LUNENBURG? 0? 1,421,859 LYNN? 11,926,220? 18,904,918 LYNNFIELD? 455,892? 493,143 MALDEN? 7,030,168? 10,474,021 MANCHESTER? 0? 167,341 MANSFIELD? 912,368? 1,010,515 MARBLEHEAD? 49,583? 544,056 MARION? 0? 0 MARLBOROUGH? 3,433,241? 1,063,702 MARSHFIELD? 255,142? 2,844,629 MASHPEE? 0? 0 MATTAPOISETT? 0? 70,193 MAYNARD? 738,519? 954,884 MEDFIELD? 937,000? 453,552 MEDFORD? 8,094,393? 7,057,568 MEDWAY? 235,317? 1,341,573 MELROSE? 3,402,865? 2,950,378 MENDON? 0? 0 MERRIMAC? 0? 739,700 METHUEN? 205,147? 6,017,870 MIDDLEBOROUGH? 0? 4,294,480 MIDDLEFIELD? 0? 16,956 MIDDLETON? 159,272? 30,159 MILFORD? 0? 5,058,249 MILLBURY? 0? 2,588,802 MILLIS? 403,862? 713,755 MILLVILLE? 0? 0 MILTON? 1,566,851? 592,215 MONROE? 17,526? 3,785 MONSON? 0? 1,601,633 MONTAGUE? 0? 230,936 MONTEREY? 15,777? 0 MONTGOMERY? 0? 0 MOUNT WASHINGTON? 41,886? 1,787 NAHANT? 157,791? 79,419 NANTUCKET? 0? 0 NATICK? 2,444,348? 1,187,919 NEEDHAM? 259,216? 886,773 NEW ASHFORD? 9,203? 5,045 NEW BEDFORD? 901,313? 37,718,158 NEW BRAINTREE? 0? 0 NEW MARLBOROUGH? 0? 0 NEW SALEM? 0? 0 NEWBURY? 0? 235,160 NEWBURYPORT? 1,736,621? 1,174,988 NEWTON? 1,732,789? 2,150,086 NORFOLK? 0? 498,606 NORTH ADAMS? 233,872? 5,462,033 NORTH ANDOVER? 151,695? 961,447 NORTH ATTLEBORO? 0? 4,051,189 NORTH BROOKFIELD? 0? 1,114,200 NORTH READING? 1,189,787? 564,127 NORTHAMPTON? 727,239? 5,375,379 NORTHBOROUGH? 76,900? 858,566 NORTHBRIDGE? 3,865? 3,042,656 NORTHFIELD? 0? 68,830 NORTON? 0? 2,908,315 NORWELL? 680,878? 604,164 NORWOOD? 3,354,660? 989,287 OAK BLUFFS? 0? 0 OAKHAM? 0? 0 ORANGE? 2,661? 1,410,553 ORLEANS? 0? 0 OTIS? 0? 23,238 OXFORD? 0? 3,130,887 PALMER? 0? 2,151,169 PAXTON? 0? 259,017 PEABODY? 3,951,625? 4,908,932 PELHAM? 0? 0 PEMBROKE? 0? 1,372,712 PEPPERELL? 0? 0 PERU? 0? 36,735 PETERSHAM? 0? 4,969 PHILLIPSTON? 5,519? 0 PITTSFIELD? 1,107,722? 12,848,751 PLAINFIELD? 0? 0 PLAINVILLE? 0? 506,847 PLYMOUTH? 0? 558,683 PLYMPTON? 0? 67,793 PRINCETON? 0? 164,419 PROVINCETOWN? 27,912? 59,405 QUINCY? 14,555,556? 6,872,356 RANDOLPH? 2,297,597? 4,019,549 RAYNHAM? 0? 1,075,932 READING? 1,931,472? 1,110,155 REHOBOTH? 0? 0 REVERE? 6,712,698? 6,324,106 RICHMOND? 0? 45,714 ROCHESTER? 0? 254,522 ROCKLAND? 496,221? 4,418,526 ROCKPORT? 0? 184,757 ROWE? 0? 0 ROWLEY? 143,746? 194,989 ROYALSTON? 0? 377 RUSSELL? 0? 0 RUTLAND? 0? 805,380 SALEM? 4,151,021? 2,923,955 SALISBURY? 0? 458,768 SANDISFIELD? 0? 3,256 SANDWICH? 111,247? 338,256 SAUGUS? 2,245,040? 1,263,134 SAVOY? 17,367? 146,448 SCITUATE? 1,101,119? 966,852 SEEKONK? 0? 1,546,617 SHARON? 78,642? 1,705,991 SHEFFIELD? 15,023? 0 SHELBURNE? 0? 120,952 SHERBORN? 26,364? 39,248 SHIRLEY? 233,500? 1,208,494 SHREWSBURY? 376,077? 2,112,272 SHUTESBURY? 0? 0 SOMERSET? 0? 429,869 SOMERVILLE? 20,410,649? 10,261,323 SOUTH HADLEY? 25,437? 2,877,893 SOUTHAMPTON? 0? 421,974 SOUTHBOROUGH? 0? 180,777 SOUTHBRIDGE? 0? 4,902,784 SOUTHWICK? 0? 0 SPENCER? 0? 0 SPRINGFIELD? 2,302,181? 61,004,244 STERLING? 0? 322,777 STOCKBRIDGE? 0? 0 STONEHAM? 2,553,177? 645,079 STOUGHTON? 129,781? 4,740,372 STOW? 8,776? 198,946 STURBRIDGE? 0? 310,024 SUDBURY? 807,321? 369,870 SUNDERLAND? 0? 255,067 SUTTON? 0? 846,000 SWAMPSCOTT? 443,359? 470,679 SWANSEA? 0? 2,747,828 TAUNTON? 0? 13,175,415 TEMPLETON? 0? 447,489 TEWKSBURY? 0? 4,489,070 TISBURY? 0? 0 TOLLAND? 12,413? 0 TOPSFIELD? 318,725? 39,107 TOWNSEND? 0? 0 TRURO? 0? 0 TYNGSBOROUGH? 0? 890,973 TYRINGHAM? 0? 0 UPTON? 0? 0 UXBRIDGE? 0? 1,447,840 WAKEFIELD? 1,809,635? 1,739,408 WALES? 0? 159,188 WALPOLE? 1,112,115? 1,367,651 WALTHAM? 6,869,270? 2,430,681 WARE? 19,199? 2,253,952 WAREHAM? 0? 2,809,923 WARREN? 0? 0 WARWICK? 36,354? 51,342 WASHINGTON? 29,889? 35,107 WATERTOWN? 5,571,114? 607,792 WAYLAND? 352,813? 577,404 WEBSTER? 78,026? 3,480,560 WELLESLEY? 121,858? 640,569 WELLFLEET? 0? 0 WENDELL? 32,131? 28,355 WENHAM? 175,913? 0 WEST BOYLSTON? 85,259? 585,583 WEST BRIDGEWATER? 59,411? 1,045,577 WEST BROOKFIELD? 0? 0 WEST NEWBURY? 0? 99,042 WEST SPRINGFIELD? 0? 3,757,642 WEST STOCKBRIDGE? 0? 0 WEST TISBURY? 229,569? 19,768 WESTBOROUGH? 182,536? 613,672 WESTFIELD? 0? 7,512,679 WESTFORD? 1,126,887? 946,117 WESTHAMPTON? 0? 18,050 WESTMINSTER? 0? 0 WESTON? 0? 104,153 WESTPORT? 0? 1,667,977 WESTWOOD? 45,632? 529,947 WEYMOUTH? 3,050,391? 9,516,774 WHATELY? 0? 9,753 WHITMAN? 0? 2,591,736 WILBRAHAM? 0? 825,429 WILLIAMSBURG? 0? 198,190 WILLIAMSTOWN? 0? 563,670 WILMINGTON? 1,578,564? 945,504 WINCHENDON? 31,919? 2,480,889 WINCHESTER? 433,387? 944,830 WINDSOR? 35,260? 0 WINTHROP? 2,878,558? 2,309,266 WOBURN? 4,513,710? 1,206,069 WORCESTER? 14,860,192? 46,287,515 WORTHINGTON? 0? 0 WRENTHAM? 0? 721,013 YARMOUTH? 0? 0 `tcol;end

`tcol(?)=3;c1=1,47,tu;c2=50,12,tur;c3=66,12,tur `t+1

`tch `tc1 `ts `tu 7061-0003 Regional 7061-0008 Regional School District School Aid Chapter 70 `t+1 `tch;end ACTON-BOXBOROUGH? 814,347? 732,675 ADAMS-CHESHIRE? 2,429,365? 2,116,460 AMHERST-PELHAM? 1,690,473? 2,231,489 ASHBURNHAM-WESTMINSTER? 2,125,565? 1,263,128 ASHFIELD-PLAINFIELD? 169,331? 112,399 ATHOL-ROYALSTON? 2,154,830? 2,699,934 BERKSHIRE HILLS? 735,940? 712,346 BERLIN-BOYLSTON? 301,200? 264,226 BLACKSTONE-MILLVILLE? 2,662,399? 2,016,274 BRIDGEWATER-RAYNHAM? 1,517,499? 1,225,161 BUCKLAND-SHELBURNE? 328,689? 372,540 CENTRAL BERKSHIRE? 2,599,093? 1,080,089 CHESTERFIELD-GOSHEN? 122,770? 89,913 CONCORD-CARLISLE? 430,636? 466,567 DENNIS-YARMOUTH? 1,246,176? 1,472,442 DIGHTON-REHOBOTH? 3,474,687? 2,769,983 DOVER-SHERBORN? 304,322? 305,097 DUDLEY-CHARLTON? 3,366,264? 2,704,708 NAUSET? 348,218? 561,110 FREETOWN-LAKEVILLE? 1,525,120? 977,723 FRONTIER? 343,642? 222,207 GATEWAY? 2,069,192? 989,403 GROTON-DUNSTABLE? 1,343,844? 648,854 GILL-MONTAGUE? 1,804,477? 1,286,657 HAMILTON-WENHAM? 749,971? 662,299 HAMPDEN-WILBRAHAM? 1,085,122? 726,746 HAMPSHIRE? 672,707? 478,676 HAWLEMONT? 103,736? 41,413 KING PHILIP? 1,366,327? 1,263,665 LINCOLN-SUDBURY? 467,399? 679,463 MARTHA'S VINEYARD? 179,612? 191,229 MASCONOMET? 664,923? 700,749 MENDON-UPTON? 1,372,010? 740,604 MOUNT GREYLOCK? 746,680? 683,007 MOHAWK TRAIL? 639,911? 390,076 NARRAGANSETT? 1,895,795? 1,521,388 NASHOBA? 492,988? 290,254 NEW SALEM-WENDELL? 129,665? 108,847 NORTHBORO-SOUTHBORO? 594,952? 324,727 NORTH MIDDLESEX? 4,878,873? 3,086,205 OLD ROCHESTER? 458,997? 340,813 PENTUCKET? 1,123,596? 830,357 PIONEER? 378,200? 116,704 PLYMOUTH-CARVER? 1,955,568? 1,290,288 QUABBIN? 2,455,952? 2,253,795 RALPH C. MAHAR? 1,016,971? 955,555 SILVER LAKE? 2,263,814? 2,346,712 SOUTHERN BERKSHIRE? 338,367? 386,494 SOUTHWICK TOLLAND? 1,867,805? 2,110,905 SPENCER-EAST BROOKFIELD? 3,116,407? 4,190,501 TANTASQUA? 1,242,098? 868,222 TRITON? 687,131? 455,698 WACHUSETT? 1,653,989? 1,021,065 QUABOAG? 1,722,082? 1,780,471 WHITMAN-HANSON? 1,455,550? 1,534,015 ASSABET VALLEY? 842,945? 1,522,952 BLACKSTONE VALLEY? 839,958? 1,681,238 BLUE HILLS? 581,660? 2,141,702 BRISTOL-PLYMOUTH? 1,229,150? 1,703,890 CAPE COD? 300,169? 1,171,782 FRANKLIN COUNTY? 812,700? 646,979 GREATER FALL RIVER? 1,028,799? 2,389,829 GREATER LAWRENCE? 1,785,663? 3,743,277 GREATER NEW BEDFORD? 2,258,454? 4,563,011 GREATER LOWELL? 3,065,328? 4,865,706 SOUTH MIDDLESEX? 546,938? 1,456,672 MINUTEMAN? 414,535? 1,573,199 MONTACHUSETT? 1,289,084? 2,415,307 NORTHERN BERKSHIRE? 658,018? 1,035,636 NASHOBA VALLEY? 673,441? 944,391 NORTHEAST METROPOLITAN? 898,298? 1,927,573 NORTH SHORE? 202,303? 737,870 OLD COLONY? 682,312? 912,340 PATHFINDER? 554,696? 598,396 SHAWSHEEN VALLEY? 966,861? 1,667,186 SOUTHEASTERN? 1,353,571? 2,964,341 SOUTH SHORE? 633,804? 736,834 SOUTHEASTERN WORCESTER? 1,203,612? 1,752,122 TRI COUNTY? 803,291? 1,052,884 UPPER CAPE COD? 148,037? 488,304 WHITTIER? 1,440,552? 2,555,459 BRISTOL COUNTY? 650,069? 498,916 ESSEX COUNTY? 644,027? 1,026,536 NORFOLK COUNTY? 183,786? 366,001 `tcol;end

SECTION 4. The first paragraph of section 2 of chapter 118 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in line 4 by striking the period after the word "commonwealth" and inserting therein the following words:- and unless the applicant has resided in the commonwealth for at least ninety consecutive days prior to the date of application.

SECTION 5. Notwithstanding the provisions of clause forty-first of section seven of chapter four of the General Laws or any other general or special law to the contrary, the commissioner of revenue or any other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section twenty-five A of chapter fifty-eight of the General Laws shall use the nineteen hundred and eighty-eight city and town population estimates of the United States bureau of the census in calculating distributions or assessments under said local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the chapter seventy school aid program and regional public libraries. Such assessments shall include but not be limited to air pollution control districts; the metropolitan area planning council; the old colony planning council; and the Massachusetts bay transportation authority, and any other for which said commissioner is required to give notice pursuant to said section twenty-five A.

SECTION 6. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-two, the lottery distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall consist of a "base distribution" and an "incremental adjustment". The base distribution for each city and town shall equal the distribution to each city and town in fiscal year nineteen hundred and ninety-one. The incremental adjustment shall equal the amount by which the total balance under said clause (c) exceeds or is less than the total base distribution. The distribution of said incremental adjustment to each city and town shall be made according to the provisions of section eighteen C of chapter fifty-eight of the General Laws.

Notwithstanding the provisions of any general or special law to the contrary, the first seventy-five million dollars available for transfer from the Lottery Fund to the Local Aid Fund for the purposes of lottery distribution to cities and towns, in the fiscal year ending June thirtieth, nineteen hundred and ninety-two, shall be transferred to and shall be expended for the purposes set forth in item 7061-0008 of section two, in accordance with the distribution of local aid set forth in section three of this act.

SECTION 7. (a) The division of local services within the department of revenue shall develop guidelines governing the disbursement of emergency assistance funds retained by the state treasurer pursuant to item 1599-3850 of section two of this act. Said guidelines shall require that said division certify, after study and analysis, that a serious financial emergency exists in a city or town requesting such assistance. Certification of a serious financial emergency shall be based upon (1) the city's or town's excess levy capacity, net free cash and overlay surplus; (2) the total bonded indebtedness as a percentage of equalized property valuation of the municipality, less reserves or appropriations available for payment thereof; (3) the inability of the municipality to provide for the public safety, health, education and welfare within the revenues available to the municipality; (4) the degree to which the city or town has taken advantage of opportunities to lower the costs of municipal government or to raise own-source revenues as provided in various sections of this act or of any other general or special law; and (5) any other financial criteria deemed appropriate by said division.

(b) Guidelines developed pursuant to this section shall also require: (1) that each city or town develop and implement financial management plans to remediate the cause of its financial emergency; (2) that no city or town may receive more than twenty percent of the total amount appropriated in said item; and (3) that the house and senate committees on ways and means shall be notified of the approval of any distribution of monies to be made from said item at least fifteen days prior to such distribution.

(c) The state treasurer shall, in addition, make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

SECTION 8. Notwithstanding the provisions of section thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-two proportionally to the fiscal year nineteen hundred and ninety distribution of said Highway Fund reimbursements.

SECTION 9. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rentals, commission fees, and parking fees and from any and all other sources pertaining to the operation of the state transportation building shall be credited to a fund on the books of the commonwealth to be known as the State Transportation Building Management Fund. Said fund shall be used for the maintenance and operation of said building.

The division of capital planning and operations shall enter into a contract for the provision of building management services for the operation and maintenance of the state transportation building with one of the public agency tenants of said building; said agency shall have experience in operating building facilities.

The building manager shall collect all monies payable to the commonwealth relating to the operation of the state transportation building and deposit the same in the State Transportation Building Management Fund to be expended as provided in item 1102-3214 of section two of this act.

The division of capital planning and operations shall file, on a quarterly basis, an itemization of all such expenditures paid from said fund with the secretary of administration and finance and the house and senate committees on ways and means.

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth from rents charged to agencies occupying the Springfield state office building pursuant to agreements entered into between the division of capital planning and operations and such agencies shall be credited to a fund on the books of the commonwealth to be known as the Springfield State Office Building Management Fund. Said fund shall be used solely for the maintenance and operation of said building.

The division of capital planning and operations, with the approval of the secretary of administration and finance, shall collect all monies relating to the operation of said building and deposit the same in the Springfield state office building management fund, to be expended as provided in item 1102-5231 of section two of this act.

The commissioner of said division shall file with the secretary of administration and finance and the house and senate committees on ways and means, no later than September first of each year, an annual report of the fund's income, expenditures, and balances, based upon the status of the fund on June thirtieth of the preceding fiscal year.

SECTION 11. In accordance with the provisions of section forty G of chapter seven of the General Laws, the commissioner of capital planning and operations is hereby authorized to include an escalator clause in state agency leases of space entered into between July first, nineteen hundred and ninety-one and June thirtieth, nineteen hundred and ninety-two, provided that the maximum escalation rate shall not exceed limits to be established in regulations promulgated by the commissioner. The commissioner shall file with the house and senate committees on ways and means any regulations adopted pursuant to this section and any amendments thereto, immediately upon their adoption, and shall report quarterly to said committees on any leases entered into subject to the provisions of this section and the maximum escalation rate pertaining thereto.

SECTION 12. The division of capital planning and operations is hereby authorized and directed to conduct a study relative to the operational and maintenance costs, including long-term costs, of certain state-owned buildings, which shall include the McCormack Building, the Saltonstall Building, the Lindemann Center, the Hurley Building, and 100 Nashua street. The study shall evaluate building costs including, but not limited to, general cleaning, extermination, trash removal, seasonal maintenance, elevator maintenance, fire alarm maintenance and testing, utilities, energy savings initiatives, and capital repairs and improvements, and compare these costs, with analysis of any differences, to the costs of the state transportation building and the Springfield state office building. The study shall also recommend ways to reduce these costs and shall be filed with the house and senate committees on ways and means on or before January first, nineteen hundred and ninety-two.

SECTION 13. The division of capital planning and operations is hereby authorized and directed to conduct a study relative to the market rent that could be charged for space in certain state-owned buildings, which shall include the McCormack Building, the Saltonstall Building, the Lindemann Center, the Hurley Building, and 100 Nashua street. The study shall consider factors including, but not limited to, the locations, conditions, and amenities of the buildings. The study shall also recommend a method to establish a chargeback system based on market rents, with or without adjustments or credits to phase in the system, in order to promote the efficient utilization of state-owned space and to provide funds for the operation and maintenance of these state-owned buildings. The study shall be filed with the house and senate committees on ways and means on or before January first, nineteen hundred and ninety-two.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of administration shall report quarterly to the house and senate committees on ways and means any lease, tenancy-at-will or other rental agreement, or any extensions thereof, made pursuant to section forty G of chapter seven of the General Laws; provided, that said quarterly report shall include, by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.

SECTION 15. The division of capital planning and operations is hereby directed to prepare a report regarding the current status of all higher education capital projects. Said report shall include, but not be limited to, the following information for each project: the total expenditure through fiscal year nineteen hundred and ninety-one, the total planned expenditure and the legislative history. The report shall be submitted to the house and senate committees on ways and means no later than September first, nineteen hundred and ninety-one.

SECTION 16. Notwithstanding the provisions of section forty-four A of chapter one hundred and forty-nine of the General Laws, the commissioner of the division of capital planning and operations is hereby authorized, during fiscal year nineteen hundred and ninety-two, to solicit proposals for and award contracts to the lowest bidder demonstrably possessing the skill, ability, and integrity necessary to perform faithfully energy management services at buildings owned by state agencies or building authorities; provided, however, that such awards shall be made pursuant to the provisions of section twenty A of chapter nine, and sections forty-four D and forty-four J of chapter one hundred and forty-nine of the General Laws; and provided further, that any invitation to bid on such energy conservation contracts, as authorized in this section, shall be filed with the division of energy resources at least fourteen days prior to the publication of any notice of such invitations to bid.

Such contracts shall be subject to appropriation and may include terms of ten years or less, provisions allocating between the parties any cost savings attributable to a reduction in energy and water consumption due to the contractor's performance or revenues gained due to contractor's services which are aimed at energy and water cost savings, and authorization for the contractor, subject to the approval of said commissioner, to undertake various repairs and modifications to the mechanical systems of said buildings. Energy management contracts that include cogeneration projects shall include terms of twenty years or less.

Notwithstanding the provisions of sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws, cities, towns, local housing authorities, and counties are hereby authorized, during fiscal year nineteen hundred and ninety-two, to award contracts for the purchase of energy management services to the bidder demonstrably possessing the skill, ability, and integrity to perform faithfully such services on the terms most favorable to the awarding authority; provided, that such awards shall be made after (i) public advertising for proposals, at least two weeks before the date specified for the submission of proposals, in at least one newspaper, if any, published in the town, city, or county and in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws and (ii) prompt publication of the successful bidder.

Contracts awarded under this paragraph may include provisions allocating between the parties any cost savings attributable to a reduction in energy consumption due to the contractor's performance. Any invitation to bid on such energy conservation contracts offered by any city, town, housing authority, or county shall be filed with the division of energy resources at least sixty days prior to the publication of any notice of such invitations to bid.

For the purposes of this section, the term "energy management services" shall include, but not be limited to, energy audits, energy conservation projects as defined by section three of chapter twenty-five A of the General Laws, as well as building maintenance and financing services designed to decrease the cost of energy and water in operating said buildings.

SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, the office of management information services is hereby authorized and directed to develop a plan for the bureau of computer services to become fully self-funded as of July first, nineteen hundred and ninety-two. The plan shall include a financial report with current and projected monthly revenues derived from computer service provision and other sources, and an expenditure report outlining current and projected monthly costs, broken down by personnel number, job title and category, salary levels, civil service classifications, equipment purchase and leasing costs, as well as an assessment of office space rental needs and a market price assessment of current and projected office space use. The plan shall also set forth the services that would be provided, the method by which prices would be established by the bureau, how the provision of credits to state agencies would be changed or eliminated, and the prices charged by comparable public and private vendors. The plan shall be filed with the house and senate committees on ways and means by November first, nineteen hundred and ninety-one.

SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration is authorized and directed to charge agencies, other than the general court, for the cost of computer resources and services provided by the office of management information system's bureau of computer services in accordance with policies, procedures and rates approved by the secretary of administration and finance.

The bureau shall submit a report to the house and senate committees on ways and means by the end of each month summarizing each agency's charges for the preceding month and for the fiscal year to date, each agency's monthly credits, the credits carried forward for each agency from previous months, the difference between the charges and the sum of the credits, and the rate structure upon which the charges were based. The report shall also show the balance in the bureau's revenue account at the beginning of the month, the amount of funds deposited to the account during the month, the amount billed to but not yet paid by agencies, the amount of funds expended from the account during the month, a listing of the goods or services obtained by those expenditures, and the balance at the end of the month.

The secretary of administration is authorized to establish regulations and procedures to further implement this section including, but not limited to, the development and distribution of forms and instructions to be included as part of the agency's submission to the budget director under section three of chapter twenty-nine of the General Laws for the fiscal year nineteen hundred and ninety-two budget cycle.

SECTION 19. Section 13 of chapter 29 of the General Laws, as so appearing in the 1990 Official Edition, is hereby amended by striking the first paragraph, and by inserting in place thereof the following paragraph:-

That portion of an appropriation for ordinary maintenance representing encumbrances outstanding on the records of the comptroller's bureau at the close of the fiscal year may be applied to the payment thereof in the two months immediately succeeding such fiscal year; provided, however, that the budget director at the written request of the spending agency may, prior to the close of said two months, extend for an additional two months the recorded encumbrances outstanding and the funds reserved therefor, by furnishing the comptroller with a copy of such request and the approval thereof.

SECTION 20. The department of procurement and general services is hereby authorized and directed to conduct a study relative to agencies' use of micrographics, reprographics, and postal services. The study shall identify those services that are independently procured by state agencies and their associated costs, and compare them with the costs of providing these services centrally, taking into account any courier services that may be needed and any other ancillary costs incurred to centrally procure those services. The study shall be filed with the house and senate committees on ways and means on or before January first, nineteen hundred and ninety-two.

SECTION 21. The secretary of administration and finance shall annually on or before February first submit to the house and senate committees on ways and means the following information for each state authority as defined by section one of chapter twenty-nine of the General Laws and for each regional transit authority which has debt authorized but unissued, or currently outstanding, whether or not such state or regional transit authority receives a periodic appropriation from the commonwealth: (1) a statement of authorized but unissued, and currently outstanding bonds and notes of the authority as of the end of the preceding state fiscal year; (2) an estimate of the amounts of said bonds and notes to be authorized but unissued and currently outstanding at the end of the current state fiscal year; and (3) an estimate of the amount of said bonds and notes, including the amounts to be sold, retired, or refinanced, at the end of the subsequent state fiscal year; and (4) a summary, by sources, of revenues to finance said bonds and notes including any dedicated funding or any other financial assistance from the commonwealth, such as guarantees, contract assistance, or other such assistance.

Notwithstanding the provisions of any general or special law to the contrary, every chief executive officer of each such state or regional transit authority is hereby authorized and directed to provide the necessary information to the secretary of administration and finance to ensure his timely compliance with the provisions of this section.

To defray the costs to the commonwealth of complying with the provisions of this section, the secretary of administration and finance is hereby authorized to make an assessment against each state or regional transit authority subject to the reporting requirements of this section sufficient to produce an annual amount from all such authorities equal to two hundred thousand dollars. Said amount shall be assessed proportionally against each such state or regional transit authority, in the ratio of the reported amount of authorized but unissued, and currently outstanding bonds and notes of each such authority as of the end of the preceding fiscal year to the total reported amount of authorized but unissued, and currently outstanding bonds and notes of all such authorities as of the end of the preceding fiscal year.

The secretary shall annually bill each such state or regional transit authority on or before March first for such assessment. Upon receipt of said bill, each state or regional transit authority shall, within thirty days, pay said assessment to the secretary provided that all amounts so received shall be credited to the General Fund.

SECTION 22. Notwithstanding any general or special law to the contrary, no expenditure shall be made from any revenue retention account established in section two of this act until any applicable personnel schedule and an expenditure subsidiary classification schedule which have been established therefor, are approved by the house and senate committees on ways and means.

SECTION 23. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under section two of this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.

Each agency, board, or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in service or apprenticeship training programs, and all terms and conditions of employment. Such affirmative action program shall include efforts required to remedy the effects of present and past discriminatory patterns and practices and any action necessary to guarantee equal opportunity for members of minority groups, women, and handicapped persons.

The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by the commissioner, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor, and to the Massachusetts commission against discrimination.

SECTION 24. Notwithstanding any general or special law to the contrary, amounts appropriated for permanent offices and positions in section two are authorized to be expended at the salary rates indicated in the schedules approved by the house committee on ways and means, a copy of which is filed with the personnel administrator. No part of the sums appropriated in section two shall be available for payment of salaries for any additional permanent positions or for payments due to reallocations of permanent positions, or for payments due to changes in salaries or compensation rates except as approved in said schedules.

SECTION 25. Notwithstanding the provisions of any general or special law or sections of this act to the contrary, no funds shall be expended for excess quota positions without prior approval of the house committee on ways and means.

SECTION 26. Each member of the general court shall be paid an allowance for each day after prorogation of the general court when on legislative business affairs at the state house in accordance with the schedule contained in section nine B of chapter three of the General Laws.

SECTION 27. All positions vacant, or which become vacant, other than positions essential for the care of patients, on or after June thirtieth, nineteen hundred and ninety-one, shall remain vacant during the fiscal year nineteen hundred and ninety-two; provided, that vacancies for which there exists a critical need may be filled upon certification of such critical need by the commissioner of administration and the house committee on ways and means and notification of such critical need to the senate committee on ways and means. No funds shall be allocated for overtime compensation unless it is essential to the safety and care of persons under the care and jurisdiction of the commonwealth.

SECTION 28. The state treasurer shall prepare and submit to the house and senate committees on ways and means on or before August fifteenth, November fifteenth, February fifteenth, and May fifteenth official cash-flow projections for the current fiscal year and for the fiscal quarters beginning October first, January first, April first, and July first, respectively. Included in said projections shall be estimated spending and revenue, along with assumptions used to derive said estimates and identification of any cash-flow gaps. Variance reports, which compare actual revenues and spending with planned revenues and spending, shall be produced weekly by the treasurer and distributed to the comptroller's division, the department of revenue, and the executive office for administration and finance. All data required by the treasurer's office for production of annual and quarterly cash-flow projections and weekly variance reports shall be submitted by state agencies in a timely fashion, on or before deadlines established by the treasurer's office. The department of revenue shall be responsible for providing estimates of receipts and the office of the comptroller for providing estimates of agency spending and non-tax revenue receipts.

The executive office for administration and finance and the treasurer's office shall jointly develop and approve annual and quarterly cash management plans to address gaps identified by cash-flow projections and variance reports. Said management plans shall clearly identify the roles to be played by short-term borrowing, investment policy, expenditure controls, and revenue

SECTION 29. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said project as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed seven percent of the following appropriation accounts: 1100-1561, 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-7898, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895 and 1102-8899.

SECTION 30. The secretary of administration and finance is hereby authorized and directed to seek certification of state employee benefits, including, but not necessarily limited to, benefits offered by the group insurance commission, as a section one hundred and twenty-five qualified benefit plan pursuant to rules and regulations of the federal internal revenue service. Said secretary shall further implement such certification by ensuring that employee contributions under said section one hundred and twenty-five qualified benefit plan are not subject to federal taxation; provided, however, that prior to such implementation, said secretary shall submit to the clerks of the house and the senate draft legislation to amend the general laws with respect to taxation, to assure that said employee benefit contributions shall remain included within the definition of income subject to taxation by the commonwealth. In the event said certification cannot be obtained, the secretary of administration and finance shall prepare a plan, including all estimates of costs, and necessary statutory and regulatory changes, to achieve said certification and shall file said plan with the clerks of the house and the senate not later than November first, nineteen hundred and ninety-one.

SECTION 31. The group insurance commission is hereby authorized and directed to analyze the effects of transferring retirees, their spouses and dependents to medicare with respect to the health coverage available to said retirees and the health insurance expenditures of the commonwealth, and shall report its findings and recommendations, if any, by filing a report with the clerks of the house and the senate, who shall forward the same to the house and senate committees on ways and means no later than January first, nineteen hundred and ninety-three.

SECTION 32. Notwithstanding the provisions of any general or special law to the contrary, no funds of the state employees' retirement system, the state teachers' retirement system, or the Pension Reserves Investment Trust Fund shall be loaned or pledged to the commonwealth, or used for the purchase of any bond, note or other obligation of the commonwealth without the prior approval of the investment committee established under paragraph (a) of subdivision (1) of section twenty-three of chapter thirty-two of the General Laws or of the pension reserves investment management board, as applicable, and the prior written notification of the house and senate committees on ways and means; provided, that the requirements of this section shall be in addition to and not in lieu of any other requirements established under any general or special law for the investment and use of such funds.

SECTION 33. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies for a portion, as set forth below, of the workers' compensation costs incurred on behalf of the employees of said agencies.

The division of public employee retirement administration will allocate to each agency a quarterly workers' compensation credit equaling sixty percent of one-fourth of the agency's fiscal year nineteen hundred and ninety workers' compensation costs.

When an agency incurs quarterly workers compensation costs which exceed the amount of its quarterly credit, the comptroller shall charge the difference between the agency's workers' compensation costs and its credit to the agency's appropriation accounts and transfer this amount to the commonwealth's account for the purposes of workers' compensation paid to public employees for any additional costs incurred during the fiscal year. The division of public employee retirement administration may expend any amounts collected from all agencies under this workers' compensation chargeback, not to exceed twenty-nine million, five hundred thousand dollars, to pay for the hospital, physician, benefits, and other costs normally paid out of this account, subject to item 1108-6201 in section two B of this act, without further appropriation. Should the amount of an agency's quarterly credit exceed its quarterly workers' compensation costs, the difference shall be applied as a credit to the next invoice; provided, that no such credits shall be carried forward into the next fiscal year.

By no later than fourteen days after the effective date of this act, the secretary of administration and finance shall determine and notify each agency of its annual credits and estimated annual costs of charges, as herein described, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. Within thirty days after the effective date of this act, for any agency that fails to encumber funds that are sufficient to meet the annual estimated charges, the comptroller is hereby authorized to encumber funds that are sufficient to meet the annual charges on behalf of such agency.

The secretary of administration and finance is authorized to establish regulations and procedures to implement this section, including those procedures necessary to adjust charges to any agency which incurred no workers' compensation costs in fiscal year nineteen hundred and ninety to reflect quarterly credits reasonably based upon the size of the agency's staff and their functions; provided, however, that all regulations and procedures to further implement this section and amendments thereto shall be filed with the house and senate committees on ways and means prior to implementation. Said secretary shall file a quarterly report, which shall include the quarterly credit allocation, quarterly charge, and the balance of each agency's credit level for the year to date, with the house and senate committees on ways and means.

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, no department, board, commission, or other agency within the jurisdiction of the executive office of health and human services shall authorize contracted or purchased services to their client populations at an annualized cost which exceeds the amount of monies appropriated for such services in section two of this act; provided, however, that the above provisions shall not apply to new programs funded in or by transfers from items 5095-4000 and 4099-1501 and 5983-0100 in section two of this act from which accounts new programming may be authorized at an annualized cost which is not greater than twice the amount of six month funding; provided that the annualized cost of such new programming shall achieve at least an equal reduction in expenditures from other items appropriated herein for any department, board, commission, or other agency which undertakes said new programming. No public institution of higher education shall begin a new program unless sufficient funding is available from an appropriation in section two of this act. No such expenditures or commitment of monies for such services, either by contract or other agreement, shall be made in excess of the amount of monies appropriated for such services.

SECTION 35. Notwithstanding the provisions of any general or special law to the contrary, no executive or administrative head of a state department, agency, commission or board shall file a consent decree which would require the expenditure of funds not previously appropriated by the commonwealth unless such decree has been approved in writing by the commissioner of administration and unless notice of such decree has been provided to the house and senate committees on ways and means thirty days prior to the filing of the decree. Any consent decree filed without such prior approval and notice shall be a violation of this section and shall be null and void.

No court settlement shall be made final and entered into as a result of litigation to which the commonwealth is a party, which would require the expenditure of funds not previously appropriated by the commonwealth, unless such settlement document has been approved in writing by the commissioner for administration and unless notice of such settlement has been provided to the house and senate committees on ways and means thirty days prior to the signing of such settlement agreement.

SECTION 36. Notwithstanding the provisions of any general or special law to the contrary, amounts appropriated in line items 0611-5500, 7061-0003 and 7061-0008 in section two of this act shall be held in trust for the purposes of state aid to cities, towns and regional school districts, and shall not be reduced by any amount.

SECTION 37. The secretary of administration and finance, in consultation with the secretary of health and human services, is hereby authorized and directed to prepare and submit to the house and senate committees on ways and means a plan, and any necessary legislation, to transfer the powers, duties, and functions of the disabled persons protection commission to the office on disability under the executive office for administration and finance on or before October first, nineteen hundred and ninety-one. Said plan shall include, but not be limited to, the following: an organizational structure for the agency; reallocation of employees, positions, property, legal obligations, legal proceedings, orders, rules and regulations within the new organizational structure; and any necessary revisions to existing appropriations or spending authority including, but not limited to, capital spending authorizations, retained revenue spending authorizations, trust funds, and federal funds.

SECTION 38. The secretary of administration and finance is hereby authorized and directed to promulgate regulations governing the use of state passenger vehicles and light-duty pickup trucks. Said regulations shall be aimed at proscribing the purchase or lease of such passenger vehicles and light-duty pickups unless documentary evidence available prior to any such purchase or lease indicates that the passenger vehicle or light-duty pickup will likely be driven, by the assigned employee or department, more than fifteen thousand business miles per year, excluding commuting miles, subject to such exceptions deemed by said secretary to be appropriate, given the intended use of the particular vehicle. Said regulations shall provide for the enforcement of this mileage guideline, including a system for annual re-evaluation of the use of all state passenger vehicles and light-duty pickups, and subsequent disposition of any vehicle or pickup whose use unreasonably fails to meet this guideline.

The secretary of administration and finance shall submit a semi-annual report to the house and senate committees on ways and means on the utilization of passenger vehicles and light duty pickups that are owned, leased or assigned to any agency within the executive branch of state government. Said report shall include the following:

(a) a complete listing of passenger vehicles and light duty pickups, 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;

(b) a complete listing of passenger vehicles and light duty pickups 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;

(c) a complete listing of new leases entered into by any agency and new purchases made by agencies for which the secretary shall identify the funding source; said list 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) a complete listing of the name, office location, position number and position title of any employee authorized by the secretary to use a passenger vehicle or light duty pickup to travel from the employee's place of residence to the employee's place of work; 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.

The secretary of administration and finance shall ensure that all employees shall be prohibited from using motor vehicles for personal uses.

SECTION 39. There is hereby established a Commonwealth Quality Improvement Council for the purpose of incorporating the principles and practices of "total quality management", so called, into the operation of state agencies and programs. The Council shall also examine the role and influence of government regulation in the context of total quality management. The Council shall consist of one member of the house of representatives to be named by the speaker, one member of the senate to be named by the president, five representatives of different agencies within the executive branch to be named by the governor, three individuals from the private sector who have had experience with total quality management theory and practice to be named by the governor, two individuals representing public-sector labor unions to be named by the governor, and two individuals representing the judicial branch to be named by the chief justice of the supreme judicial court. The Council shall annually submit a report on its activities to the governor and to the clerks of the senate and the house of representatives.

SECTION 40. Notwithstanding the provisions of chapter two hundred and eleven D of the General Laws, or any general or special law to the contrary, the committee for public counsel services may accept and disburse royalty income from contracts entered into during current and prior fiscal years, not to exceed five thousand dollars per year.

SECTION 41. The chief administrative justice of the trial court is hereby authorized to transfer amounts among the following line items in section two of this act, as necessary to ensure the proper administration of justice: items 0330-0100 through 0339-2100, excluding items 0330-2030, 0330-2040, 0330-2200, 0330-2410, 0335-0001, and 0337-0100; provided, however, that said justice shall provide the house and senate committees on ways and means with at least twenty-one days' advance notice of any such proposed transfer, and shall make no such transfer unless it is approved by the house committee on ways and means; provided, further, that any such proposed transfer shall be deemed approved if such house committee has not disapproved it within said twenty-one day period; provided, further, that the notice of a proposed transfer shall include a justification of the necessity of such transfer with reference to actual and projected expenditures throughout the trial court for the fiscal year.

SECTION 42. Section 27 of chapter 537 of the acts of 1986 is hereby amended by striking out, in line 3, the word "ninety-one" inserted by section 2 of chapter 188 of the acts of 1989, and inserting in place thereof the following word:- ninety-two.

SECTION 43. The first paragraph of section 2 of chapter 111H of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the words "within the executive office for administration and finance" and inserting in place thereof the words:- as an independent agency within, but not subject to the control of, the executive office of environmental affairs.

SECTION 44. The governor, the secretary of environmental affairs, and the commissioner of the department of environmental management are hereby authorized to enter into a cooperative forestry agreement with the United States Department of Agriculture Forest Service for the provision of forest firefighting services. At least sixty days before its effective date, said commissioner shall file a copy of said agreement with the house and senate committees on ways and means.

SECTION 45. The Massachusetts Water Resources Authority is hereby authorized and directed to conduct a study of the environmental impact of its effluent outfall tunnel on marine life in Massachusetts Bay, Stellwagen Bank, and Cape Cod Bay. Said study shall be directed by a board of nine persons, known as the Cape Cod Bay/Stellwagen Bank Research and Monitoring Board, and consisting of the executive director of the Massachusetts Water Resources Authority, the director of the Provincetown Center for Coastal Studies, the chairman of the Barnstable County Selectmen's Association, the chairman of the Cape Cod Commission, the director of the Barnstable County Health and Environmental Department, or their designees, a marine biologist designated by the Woods Hole Oceanographic Institution; and three fishermen, one appointed by the Plymouth County Commissioners, one appointed by the Barnstable County Commissioners and the third appointed by the Director of Marine Fisheries. Said board shall file annual reports with the secretary of environmental affairs, the Massachusetts Water Resources Advisory Board, the commissioners of Barnstable county, and the commissioners of Plymouth county on or before July first, nineteen hundred and ninety-two.

SECTION 46. On or before September thirtieth, nineteen hundred and ninety-one, the Massachusetts Water Resources Authority shall pay to the commonwealth the amount of one hundred and twenty million dollars. Said amount shall be in consideration for costs borne by the commonwealth on behalf of the Massachusetts Water Resources Authority and its predecessor agency. Such costs include, but are not limited to, the payment of interest and principal on debt issued and charged to the Metropolitan District Commission Water Fund and the Metropolitan District Commission Sewer Fund.

SECTION 47. The town of Sandwich is hereby authorized to disconnect the wastewater treatment plants at the Oakridge and Forestdale Schools. Said schools are hereby authorized to operate using a conventional septic system. The department of environmental protection shall continue to monitor nitrate loading at both such system locations.

SECTION 48. 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 up to one hundred percent of the amount appropriated during fiscal year nineteen hundred and ninety-two for expenditures on behalf of said district and for the cost of the state reclamation board.

SECTION 49. Notwithstanding the provisions of any general or special law to the contrary, the division of fisheries and wildlife shall assume all game biology needs and jurisdiction on watershed lands under the jurisdiction of the metropolitan district commission. All personnel currently employed by said commission for the purposes of game biology shall be transferred to said division without loss of seniority, salary or civil service status. This section shall not be construed to allow hunting on watershed lands under the jurisdiction of the metropolitan district commission.

SECTION 50. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of environmental management is hereby authorized and directed to develop a plan to make the division of forest and parks financially self-sufficient and the commissioner of the metropolitan district commission is hereby authorized and directed to develop a plan to make the division of parks and reservations financially self-sufficient for fiscal year nineteen hundred and ninety-two. Said plans shall each include a financial report with monthly revenue projections from all new proposed and increased fees, fines or other revenue sources, and an expenditure report outlining projected monthly costs, including personnel levels in each district and facility, administration expenses, leasing costs, equipment and other costs anticipated for fiscal year nineteen hundred and ninety-two. Said plan shall be submitted to the house and senate committees on ways and means and subject to the approval of said committees. There is hereby established and set up on the books of the commonwealth for fiscal year nineteen hundred and ninety-two, two revolving funds to be known as the metropolitan parks revolving fund and the environmental management revolving fund for the metropolitan district commission and the department of environmental management respectively. Ten million dollars, subject to appropriation, may be expended from the environmental management revolving fund in fiscal year nineteen hundred and ninety-two for recreational activities and one million eight hundred thousand dollars, subject to appropriation, may be expended for the operation of hockey rinks from the metropolitan parks revolving fund and three million dollars, subject to appropriation, may be expended on recreational activities from the metropolitan parks revolving fund in fiscal year nineteen hundred and ninety-two. Said committees shall develop subsidiary limits within each revolving fund on or before October first, nineteen hundred and ninety-one based on the fiscal year nineteen ninety-two revenue estimates provided in each agency's financial self-sufficiency plan.

SECTION 51. Notwithstanding the provisions of any general or special law to the contrary, a housing authority, as defined by section one of chapter one hundred and twenty-one B of the General Laws, is hereby authorized to purchase materials, supplies or services pursuant to the consolidated supply program of the United States Department of Housing and Urban Development; provided, however, that the provisions of section thirty-nine M of chapter thirty, and sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws shall not apply to such purchases; and provided further, that no such purchase shall be undertaken if the amount involved therein is one thousand dollars or over, unless a notice thereof shall have been posted, not less than one week prior to the time of said purchase in a conspicuous place on or near the premises of the officer having charge of any such housing authority making such purchase, and, if the amount therein is in excess of five thousand dollars, unless such a notice shall also have been posted at least once not less than two weeks prior to the time so specified and published at such other times prior thereto if any, as the commissioner of administration shall direct, in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws.

SECTION 52. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the executive office of communities and development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program; provided, that a report detailing loan activities and amounts be submitted annually to the house and senate committees on ways and means.

SECTION 53. Notwithstanding the provisions of any general or special law to the contrary, no contract for services purchased under expenditure classification subsidiary "MM", with the exception of contracts executed pursuant to items 3722-9201, 4400-1000, 4401-1000, 4406-3000, 4800-0020, 4800-0030, 4800-0050, 5011-0100, 5049-0000, 5095-4000, 5911-0025, 5911-0100, 7028-0302, 7061-0012, 9110-1601, 9110-1602 and 9110-1603, in section two of this act, shall be executed by any department, agency or office of the commonwealth in fiscal years nineteen hundred and ninety-two and nineteen hundred and ninety-three unless they meet the following requirements:

(a) the rate of reimbursement paid for services purchased under such contracts in fiscal year nineteen hundred and ninety-two shall be two and one-half percent less than the rate paid for such services in fiscal year nineteen hundred and ninety-one and the rate of reimbursement paid for services purchased under such contracts in fiscal year nineteen hundred and ninety-three shall be two and one-half percent less than the rate of reimbursement paid for services purchased under such contracts in fiscal year nineteen hundred and ninety-two; provided, that such reduction in the rate of reimbursement shall not result in any reduction in the level of service or the number of clients served by such contracts; and provided further, that for contracts for which rates of reimbursement are not paid to said vendors but for which another payment method is used, the reduction required by this paragraph shall be applied to said payment method, or may be applied to the total expenditure under the contract; and

(b) any such reductions in said rate of reimbursement, or other payment method, or total expenditure, shall be applied, first, against expenditures on managerial personnel, including but not limited to management fees, salaries, benefits and other compensation paid to managers, and shall be applied, in the last instance, against expenditures on direct service workers; and

(c) any contracts for which funds expended by the commonwealth thereunder reimburse or compensate the contract vendor for the amortization of mortgages for the ownership of property, whether owned directly or indirectly by said vendor, shall contain provisions for the recoupment of said reimbursement or compensation by the commonwealth in the event said property is sold and may, if necessary, allow for the execution of liens to ensure such recoupment.

The provisions of this section shall take effect not later than August first, nineteen hundred and ninety-one, provided that services delivered by a vendor prior to such date under any previously executed contract for fiscal year nineteen hundred and ninety-two shall not be bound by the requirements of this section. The commissioner of administration shall ensure that the division of purchased services, the rate setting commission and all departments, agencies and offices of the commonwealth executing contracts under expenditure classification subsidiary "MM" comply with the requirements of this section.

SECTION 54. Notwithstanding the provisions of chapter one hundred and twenty-two of the General Laws and sections sixty-three, sixty-three A, sixty-four B through sixty-four M inclusive, and sixty-nine E of chapter one hundred and eleven of the General Laws, or any other general or special law to the contrary, the commissioner of the department of public health, for the purpose of closing or consolidating public health hospitals, is hereby authorized to plan and direct the admission, discharge, or other assignment of patients at the several public health hospitals in accordance with the policies established by the department of public health; provided, that any actions taken by said commissioner pursuant to this paragraph shall be in accordance with a plan prepared by said commissioner and filed with the secretary of health and human services, the secretary for administration and finance, the house and senate committees on ways and means, and the committees on health care and human services and elder affairs; provided further, that said plan shall reflect the commonwealth's primary concern for the welfare of all patients effected, and shall provide for the care of all said patients after the closing or consolidation of any public health hospitals. Said plan shall be prepared after consultation with the superintendent and trustees at the various institutions and in consideration of the recommendations of the governor's special commission on state institutions.

There is hereby established a special commission to study any proposed closing of Rutland Heights Hospital and the impact of such closing, including, but not limited to, such issues as the effect of such closing on patients, employees, the town of Rutland and the future use of the facility. This commission shall consist of one member of the senate, one member of the house of representatives, the commissioner of the department of public health or his designee, a representative of the Friends of Rutland Heights, the director of the office of employee relations or his designee, the superintendent of Rutland Heights Hospital, a member of the board of selectman of the town of Rutland or a designee, and one representative each from the Service Employees International Union, the American Federation of State, County and Municipal Employees, the National Association of Government Employees, the Massachusetts Nurses Association and the Massachusetts Organization of State Engineers and Scientists. Said commission shall file a report of the results of its investigation and study, and its recommendations, if any, together with any drafts of legislation necessary to carry said recommendations into effect, with the clerks of the senate and the house of representatives on or before September thirtieth, nineteen hundred and ninety-two.

SECTION 55. There is hereby dedicated in the uncompensated care pool trust fund, as established by section seventeen of chapter one hundred and eighteen F of the General Laws, a separate account to be administered by the department of medical security for the benefit of Boston City Hospital. The amount of total private sector liability to the pool for hospital fiscal year nineteen hundred and ninety-one, as set forth in section eighty-seven of chapter six A of the General Laws, shall be increased by an amount sufficient to generate six million two hundred and fifty thousand dollars in uncompensated care pool trust fund payments to be maintained in said account for the benefit of said hospital with reference to the period from July first, nineteen hundred and ninety-one through September thirtieth, nineteen hundred and ninety-one. The amount of total private sector liability to said pool for hospital fiscal year nineteen hundred and ninety-two, if said pool is reestablished for such fiscal year, shall be increased by an amount sufficient to generate eighteen million seven hundred and fifty thousand dollars in uncompensated care pool trust fund payments to be maintained in said account for the benefit of said hospital with reference to the period from October first, nineteen hundred and ninety-one through June thirtieth, nineteen hundred and ninety-two.

Revenue collected from acute care hospitals pursuant to this section shall be held and disbursed by the department of medical security solely for the benefit of said hospital and shall not be counted in nor commingled with other uncompensated care revenue collected, maintained or distributed by the department. The revenue paid to said hospital under this section shall not be counted in the determination of maximum reimbursable uncompensated care costs as defined in chapter one hundred and eighteen F of the General Laws, and the revenue paid to said hospital under this section shall be in addition to, and assume first priority for, whatever revenue said hospital is due to receive from said pool.

Payments otherwise due said hospital for Title XIX services under the provisions of section thirty-two B of chapter six A of the General Laws shall be reduced by six million two hundred and fifty thousand dollars during the period from July first, nineteen hundred and ninety-one through September thirtieth, nineteen hundred and ninety-one in a manner to be determined by the rate setting commission. Payments otherwise due said hospital for Title XIX services under the provisions of section thirty-two B of chapter six A of the General Laws, shall be reduced by eighteen million seven hundred and fifty thousand dollars during the period from October first, nineteen hundred and ninety-one through June thirtieth, nineteen hundred and ninety-two in a manner to be determined by the rate setting commission; provided, however, that if for any reason less than said amount is paid from the uncompensated care pool to said hospital pursuant to the first paragraph for such period, the difference shall be paid in accordance with said section thirty-two B of said chapter six A. Nothing herein shall be interpreted to preclude or jeopardize federal financial participation in Title XIX payments. Such federal financial participation shall be maximized to the extent possible where appropriate.

SECTION 56. Notwithstanding the provisions of any general or special law to the contrary, the rate setting commission, where it deems necessary, shall adjust a hospital's allowance for uncompensated care if it has determined that such adjustment is necessary to adequately compensate such hospital for the provision of care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws.

SECTION 57. The department of social services is hereby directed to develop a plan to review all cases of the department at intake and not less than once in each three-month period thereafter with respect to the appropriateness of intervention and out-of-home placements; provided, that such plan shall include a set of standards for use in such reviews to determine when cases shall be closed; provided further, that the department shall promulgate and implement said plan and standards on or before September first, nineteen hundred and ninety-one, subject to the approval of the secretary of human services.

SECTION 58. The department of public health and the department of correction are hereby directed to develop criteria that will establish the basis for referral and admission of correctional facility inmates to medical facilities. Said criteria shall define the minimum medical necessity standards for said admissions and shall serve as the basis for said admissions, effective October first, nineteen hundred and ninety-one. A report describing said criteria, the expected impact of said criteria and implementation requirements for department of correction referrals to other facilities shall be submitted to the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-one.

The department of corrections is further directed to submit, by February fifteenth of each year, annual utilization review audit reports of all such transfers to the house and senate committees on ways and means. Said reports shall include, but not be limited to, the number of referrals treated, the types of services provided, the cost of these services, and whether or not the services provided comply with the medical necessity criteria.

SECTION 59. Notwithstanding the provisions of section sixty-five A of chapter six A of the General Laws or any other general or special law to the contrary, no acute hospital shall deny access to care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws; provided, that such recipients shall be exempt from any collection action, preadmission deposit or any other form of billing or collection procedures arising from treatment by an acute care hospital provided under the healthy start program; provided further, that the healthy start card will constitute sole verification of application and eligibility for free care for inpatient hospital services.

SECTION 60. Notwithstanding the provisions of any general or special law to the contrary, benefits that have been terminated by the department of public welfare after timely notice shall not be reinstated until such time as an appeal has been decided in favor of the appellant.

SECTION 61. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare and the division of capital planning and operations are hereby authorized and directed to develop and implement a plan to close the welfare central office located at 180 Tremont street in the city of Boston, and to transfer the functions and staff from said office to the department of public welfare's central office located at 600 Washington street in the city of Boston. Said plan shall be implemented no later than August first, nineteen hundred and ninety-one.

SECTION 62. Notwithstanding any general or special law to the contrary, the department of public welfare shall require the head of each assistance unit receiving benefits from the department to display a photographic identification card in connection with the receipt of cash benefits from the department. The department shall, by regulation, define valid photographic identification documents; provided, however, that such regulations shall permit identification cards issued under the federal food stamp program or by the registry of motor vehicles to be used. The department shall not delay the provision of benefits under this section to an otherwise eligible household if the head of such household has applied for a valid photographic identification card. The provisions of this section shall not apply to persons who certify that their religious beliefs do not permit them to be photographed or to persons who are homebound or institutionalized. The department shall issue regulations to enforce the provisions of this act. The department shall, prior to January first, nineteen hundred and ninety-two, conduct a study to determine whether the provision of this section or any alternate identification card or system will provide more cost-effective safeguards against fraudulent receipt of benefits from the department.

SECTION 63. The department of public welfare shall establish a pilot demonstration project to determine the feasibility and advisability of an emergency assistance escrow program. For fiscal year nineteen hundred and ninety-two, said department is hereby authorized and directed to establish for families receiving emergency assistance shelter benefits a program requiring that not less than twenty-five percent of said family's monthly grant shall be placed into an escrow account, to be accessed by the family when establishing a permanent home; provided, that said pilot program shall be established in one region of the commonwealth, to be determined by the department. Said department shall evaluate the program and file a report with the house and senate committees on ways and means no later than January first, nineteen hundred and ninety-two.

SECTION 64. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the commission for the blind shall prepare and implement a plan, subject to the approval of the secretary of human services, in consultation with the board of library commissioners, for the privatization of the Ferguson Industries for the Blind established under section one hundred and forty-three of chapter six of the General Laws; provided, however, that such plan shall provide for the transfer of the machine lending agency to the Board of Library Commissioners with appropriate funding; provided further, that the implementation of said plan shall not require supplemental funding for said industries and agency; provided further that such plan shall be submitted to the secretary of human services by November first, nineteen hundred and ninety-one, with appropriate legislation, if necessary; provided further, that said plan shall be implemented by May first, nineteen hundred and ninety-two; and provided further, that said commissioner shall report quarterly to the secretary of human services on the implementation of said plan.

SECTION 65. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to establish a prescription drug utilization review program that shall provide for, but not be limited to, the identification of utilization patterns of individual recipients which are inconsistent with norms expected for individuals with similar demographic characteristics and medical conditions, and the identification of dispensing and prescribing patterns of individual health care providers which are inconsistent, both in volume and schedule of prescriptions, with norms expected of providers of similar size and type. Any patterns of utilization, prescribing and dispensing which appear excessive with respect to such norms shall be investigated by said program and corrective actions shall be undertaken, including, as necessary, referral to appropriate law enforcement authorities, the food and drug division of the department of public health and applicable state boards of registration. Said drug utilization review program may further identify patterns of underutilization, drug therapy failure, adverse reactions and contraindicated drug use that risk harm to the beneficiaries of said program. A drug utilization evaluation and education committee comprised of members of the state pharmaceutical association and the state medical society may be appointed to assist said medical assistance program in implementing the drug utilization review requirements established by this section.

SECTION 66. A special commission on medicaid estate recovery is hereby established to consist of five members, one of whom shall be the commissioner of the department of public welfare or his designee, who shall serve as chairman, one of whom shall be the commissioner of the department of revenue or his designee, one of whom shall be the chief justice of the probate and family court department or his designee, and two members appointed by the governor who shall be attorneys with expertise in probate and conveyancing.

Said commission shall review the medical assistance estate lien provided for by section sixteen C of chapter one hundred and eighteen E of the General Laws, and any other means by which the commonwealth may recover the cost of medical assistance from recipients. Said commission shall submit to the judiciary committee and the house and senate committees on ways and means the results of its study and any legislation it may recommend on or before October first, nineteen hundred and ninety-one.

SECTION 67. The second paragraph of section 141 of chapter 653 of the acts of 1989 is hereby amended by striking out the words "and eight million dollars for fiscal year nineteen hundred and ninety-one", and inserting in place thereof the following words:- eight million dollars for fiscal year nineteen hundred and ninety-one and ten million seven hundred thousand dollars for fiscal year nineteen hundred and ninety-two.

SECTION 68. The medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws is hereby authorized and directed to adopt a management information system that shall identify cost and utilization patterns for each category of program beneficiary by each category of health care provider. Not later than four months after the close of the prior fiscal year, the program shall report to the house and senate committees on ways and means the following information for such prior fiscal year: total expenditures and total units of service rendered by date of service for each category of assistance by each category of provider, including acute hospitals, skilled nursing facilities, intermediate care nursing facilities, chronic hospitals, physicians, dentists and such miscellaneous categories of participating health care providers as provided for by the medicaid state plan; for each category of participating health care provider, the total number of providers eligible to bill and the distribution of providers at and above the fiftieth percentile for receipt of payments from the program; for each category of assistance, the total caseload and total number of recipients; the mean and median units of service and the mean and median expenditures by category of assistance and category of participating health care provider; in the case of institutional providers, the total number of admissions and discharges, the mean and median lengths of stay and the total units of service and total expenditures for ancillary services billed by institutional providers for such admissions; the total units of service and the average units of service for each category of program beneficiary delivered by non-institutional providers to institutionalized beneficiaries; surgical use rates and regional variations for the fifty most frequent surgical procedures; and the incidence and costs per case of recipients by category of assistance whose costs of care exceed the seventy-fifth percentile. Said reports shall separately distinguish such cost and utilization data required by this section for each category of categorically eligible and medically needy beneficiaries of said program, including beneficiaries under the jurisdiction of the Massachusetts commission for the blind and qualified medicare beneficiaries entitled solely to medicare cost sharing or dually entitled to medicare and medicaid.

SECTION 69. Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation is hereby authorized to select one or more individuals, partnerships, corporations, or joint ventures, and to enter into contracts and agreements with such individuals or entities for the lease of not more than forty-seven community based residences to facilitate the relocation of the residents of the Belchertown State School and the closing of said facility, pursuant to section seventy of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight. The department shall make said selections in accordance with a single comprehensive and competitive proposal process carried out in cooperation with the division of capital planning and operations; provided, however, that said selection process shall comply with the requirements of sections forty G and forty H of chapter seven of the General Laws except as otherwise provided in this section. The commissioner of capital planning and operations is authorized to enter into rental or lease agreements pursuant to this section for a period not to exceed thirty years. Any residential property leased pursuant to this section shall meet all applicable regulations of the department and applicable requirements of the state building code for residential programs for handicapped individuals.

SECTION 70. Any person who has been employed by the department of mental retardation at the Belchertown state school who is an "employee" for the purposes of chapter thirty-two A of the General Laws who requests and is granted a voluntary layoff by his appointing authority prior to June thirtieth, nineteen hundred and ninety-two and who, subsequent to such voluntary layoff, is eligible for and receives unemployment benefits pursuant to the provisions of chapter one hundred and fifty-one A of the General Laws shall continue to be deemed an "employee" for the purposes of said chapter thirty-two A for the duration of the period that said person actually receives such unemployment benefits in accordance with said chapter one hundred and fifty-one A; provided, however, that any person who so requests and is so granted a voluntary layoff shall be deemed to waive any right to appeal his selection for such layoff and any rights for recall or reinstatement provided in accordance with the provisions of any special or general law or regulation or applicable collective bargaining agreement.

SECTION 71. Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation and the town of Monson are hereby authorized, subject to the filing of a home rule petition, to enter into an agreement concerning the provision by said town of emergency medical services for residents of the Monson developmental center. Said agreement shall include, but not be limited to, the provision of necessary services, the scope of emergency medical personnel and the use of equipment, and shall address issues of liability for the provision of such services. Any expenditures made by the Monson developmental center pursuant to said agreement shall comply with the rules and regulations of the rate setting commission, pursuant to chapter six A of the General Laws.

SECTION 72. The commissioner of the department of mental health or his designee, in consultation with the commissioner of the department of mental retardation or his designee, the commissioner of the department of social services or his designee, the commissioner of the department of youth services or his designee, the commissioner of the department of public health or his designee, the commissioner of the department of education or his designee and selected representatives from local school systems, is hereby authorized and directed to study the implementation of an interagency system of care to provide a comprehensive network service system for children and adolescents up to the age of eighteen years. Said study shall focus on the development and implementation of a pilot program for at-risk youths in selected areas of the Metro Boston region. Said study shall also take into consideration the findings and recommendations of the Ventura County California Children's Demonstration Project. Said study shall further examine the requirements and costs, if any, associated with restructuring the existing service and delivery systems to meet the needs of the most at-risk children and adolescents in said targeted region. Such new system shall include an educational and job training component. The department of mental health, in consultation with the above mentioned persons, shall submit a report detailing the findings and recommendations for implementation of a comprehensive network service system to the house and senate ways and means committees on or before April fifteenth, nineteen hundred and ninety-two.

SECTION 73. Notwithstanding the provisions of chapter nineteen of the General Laws, or any other general or special law to the contrary, the commissioner of the department of mental health, for the purpose of closing or consolidating mental health hospitals, is hereby authorized to plan and direct the admission, discharge, or other assignment of patients at the several mental health hospitals in accordance with the policies established by the department of mental health; provided, that any actions taken by said commissioner pursuant to this paragraph shall be in accordance with a plan prepared by said commissioner and filed with the secretary of human services, the secretary for administration and finance, the house and senate committees on ways and means, and the committees on health care and on human services and elder affairs; provided further, that said plan shall reflect the commonwealth's primary concern for the welfare of all patients affected, and shall provide for the care of all said patients after the closing or consolidation of any mental health hospitals. Said plan shall be prepared after consultation with the superintendent and trustees at the various institutions and in consideration of the recommendations of the governor's special commission on state institutions.

SECTION 74. Notwithstanding any general or special law to the contrary, the department of public works and the department of social services are hereby authorized and directed to submit a performance based plan for their fiscal year nineteen hundred and ninety-two appropriations. Each such plan shall contain, but not be limited to, a mission statement, goals and objectives for the fiscal year, detailed performance criteria, and levels of service or outputs upon which department performance, service and management can be measured. Each such plan shall be filed with the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-one. Each such department shall submit reports on a quarterly basis thereafter to the house and senate committees on ways and means on their performance levels or service and outputs as estimated in the plan.

SECTION 75. There is hereby established a "Joint Government/Industry Task Force to Promote Economic Competitiveness and Innovation". Said task force shall have the duty and responsibility to study and identify state laws and regulations which may impede research, competitiveness, or hinder the innovation of Massachusetts employers. The study shall include, but not be limited to, the identification of statutes and regulations which are or may be duplicative of federal or local statutes, ordinances, by-laws or regulations, do not reflect changing technology or business practices, that contribute to or create excessive delays and costs related to business expansion, innovation or job growth, and/or generally impose conditions which might place Massachusetts businesses at a competitive disadvantage with businesses in other states.

The task force shall consist of the governor or his designee, who shall serve as chairman, the secretary of the executive office of economic affairs, the secretary of the executive office of environmental affairs, the secretary of the executive office of public safety, two members of the house, to be appointed by the speaker of the house of representatives, and two members of the senate, to be appointed by the president of the senate, and three members of the business community, one of whom shall be a representative of industrial manufacturers, one of whom shall be a representative of small business, and one of whom shall be a representative of the general business community, to be appointed by the governor.

The task force shall, on or before January first, nineteen hundred and ninety-two, prepare a report identifying the types of statutes and regulations previously listed. Said report shall include a recommended course of action for each statute or regulation identified. Said report shall include recommendations for legislative reform and regulations for regulatory reform. The governor shall file said legislation with the clerks of the house of representatives and the senate no later than January first, nineteen hundred and ninety-two.

SECTION 76. The governor is hereby authorized to create a "Massachusetts Excellence in Innovation Program". The governor shall appoint a panel of eleven members from industry, academia, small business, labor, and other professional areas to serve as judges in the awarding of "Massachusetts Excellence in Innovation" awards. The secretary of economic affairs shall submit to the clerks of the house and senate no later than September first, nineteen hundred and ninety-one, recommendations for the composition of the panel, the cost of said program, and procedural requirements related thereto.

SECTION 77. Notwithstanding the provisions of any general or special law to the contrary, including the standards established in sections thirty-two to forty-six, inclusive, of chapter six A of the General Laws and the provisions of section of this act, the rates for programs pursuant to chapter seventy-one B of the General Laws in fiscal year commencing July first, nineteen hundred and ninety-one shall be the same rates as those in effect for the fiscal year beginning July first, nineteen hundred and ninety. Nothing herein shall preclude the division of purchased services from setting a price at any time for a new program established for the first time under chapter seventy-one B of the General Laws, or individual or sole source prices as provided in the regulations governing said programs; provided, further, that the division may grant extraordinary relief if a provider cannot, within the current rate of reimbursement, satisfy governmental regulations or meet costs necessary to eliminate conditions which pose a threat to the health and safety of students and which are beyond the reasonable control of a provider. The division shall report on all actions taken pursuant to this section to the house and senate committees on ways and means no later than December first, nineteen hundred and ninety-one.

SECTION 78. The department of education is hereby authorized and directed to conduct a review of the eligibility criteria for children with special needs pursuant to chapter seventy-one B of the General Laws for the purpose of tightening said requirements. Said review shall include, but not be limited to, an examination of the original intent of the special education statute, the reasons for the high number of special education students in the commonwealth, the costs to the commonwealth of the current special education mandates, and the cost savings to be achieved by implementing recommended changes; provided, that said review to streamline eligibility will take into consideration the requirements of the federal mandate under 20 USC ss. 1400 et seq. Said review, together with drafts of any legislation necessary to carry out its recommendations, shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than September first, nineteen hundred and ninety-one.

SECTION 79. The board of education, in conjunction with the department of education, is hereby directed to prepare a comprehensive report on the issue of mainstreaming children with special needs into the least restrictive environment. Said report shall include a study of teacher certification standards as set forth in section thirty-eight G of chapter seventy-one of the General Laws. Said study shall examine the possible expansion of requirements for certification of teachers and administrators in order to facilitate the accommodation of special needs children into the classroom setting, and shall examine the Horace Mann program as it relates to mainstreaming. Said report shall also include information on the status of the department's activities with regard to mainstreaming, including an in-depth study and review of the report filed by the auditor with the clerk of the house of representatives on March twenty-seventh, nineteen hundred and ninety-one relative to special education. Said report shall outline measures which are being taken, as well as make recommendations for further action, in the following areas: coordination and collaborative activities between the department and school districts and within districts, available training and technical assistance to schools and parents, and program development and monitoring activities. The report shall also include the following: information on any additional resources available for mainstreaming activities; a review of the role of other state agencies in accelerating the mainstreaming process; a review of different activities undertaken by other states to mainstream children with special needs; and proposals for other mainstreaming incentives, including an investigation of creative support systems which would enable special needs children who are living away from their families or who are in danger of being moved away from their families to be able to live in their local communities. Said report, which shall include recommendations for legislation, if any, shall be filed with the house and senate committees on ways and means and the joint committee on education, arts and the humanities no later than October first, nineteen hundred and ninety-one.

SECTION 80. The board of trustees of the University of Massachusetts, in conjunction with the state health education center at the University of Massachusetts medical center, shall develop and implement provisions for payback in learning contracts entered into by students admitted for the academic year commencing in nineteen hundred and ninety-one and for every year thereafter, which shall require payback service, so-called, of at least two years within the commonwealth in areas of primary care; public or community service; or underserved areas as determined by the dean of the University of Massachusetts medical school and the learning contract committee in coordination with the area health education center and state and regional health planning agencies. In the case of any student who has entered into a learning contract and who does not perform payback service, the difference between the tuition paid and the amount of the tuition charged shall be required to be repaid together with eight percent interest per annum; provided, however, that no payback service or tuition loan repayment shall be required prior to the termination of any internship and residency requirements; and provided further, that interest shall begin to accrue upon completion of any internship requirement. The dean shall provide, on an annual basis, a report outlining the number of students participating in said learning contracts, the area of medicine within which payback will be performed, and the number of students utilizing the repayment option. The report will further outline the effects of payback in the underserved areas of the commonwealth. Said report shall be submitted to the house and senate committees on ways and means by September first, nineteen hundred and ninety-one.

SECTION 81. Notwithstanding the provisions of any general or special law to the contrary, amounts appropriated in each of the following items in section two are hereby authorized to be expended, pursuant to the court judgment in Quirk v. Anrig, for the costs of retroactive salary adjustments for services provided through August thirty-first, nineteen hundred and ninety-one by institutional school personnel funded from said items: 4513-1000, 4540-0900, 5046-0000, 5047-0000, 5051-0100, 5095-0000, 5948-0000, 5983-0100, and 8900-0009.

SECTION 82. Notwithstanding the provisions of section forty-one of chapter seventy-one of the General Laws, or any general or special law to the contrary, for any reduction in force initiated by any school district or regional school district in fiscal year nineteen hundred and ninety-two, notification to any teacher affected by such reduction in force must be received by such teacher not later than July fifteenth, nineteen hundred and ninety-one.

SECTION 83. The board of regents is hereby authorized and directed to report on the amounts and varieties of tuition waivers granted to students enrolled at any institute of public higher education in the commonwealth. Said report shall identify categories of tuition waiver, their authorization, whether statutory, regulatory, bargained for or otherwise, the number of students taking advantage of said waivers, and the total financial worth of said waivers. The board shall file its report with the house and senate committees on ways and means by October first, nineteen hundred and ninety-one.

SECTION 84. Notwithstanding the provisions of any general or special law to the contrary, the Board of Regents of Higher Education is hereby directed to establish and set final tuition rates for public institutions of higher education for the subsequent academic year no later than March fifteenth.

SECTION 85. Notwithstanding the provisions of any general or special law to the contrary, students attending Massachusetts public colleges and universities who are not Massachusetts residents shall pay tuition charges which are equal to one hundred percent of the costs of their education; effective July first, nineteen hundred and ninety-two; provided, that the provisions of this section shall not apply to students participating in the New England Regional Student Program. The board of regents shall file a report defining said costs of education with the secretary of administration and finance within thirty days of the effective date of this act.

SECTION 86. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority and in order to meet the estimated cost of heat, light, power and other services to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of state colleges and universities shall transfer to the General Fund from the funds received from the operation of said projects such costs as will be incurred for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the commissioner of administration and the house and senate committees on ways and means.

SECTION 87. The Massachusetts state scholarship office is hereby authorized and directed to develop, no later than January first, nineteen hundred and ninety-two, a no-interest loan program for the purpose of providing financial assistance to students domiciled in the commonwealth, and enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education; provided, that for fiscal year nineteen hundred and ninety-two, the total amount of loans offered by said office under this program shall not exceed the sum of ten million dollars. Such assistance shall consist of full or partial loans to students in need of said assistance. Repayment shall commence within six months of graduation, provided that no repayment schedule shall exceed a term of ten years. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of repayment, deferment options, provisions for default, and the maximum and minimum loan award as determined by an indexing system. Said office shall also provide the estimated costs of operating said program and a schedule of estimated revenue to be generated by application fees and loan repayment. The Massachusetts state scholarship office is further authorized and directed to generate revenues from the collection of nominal application fees to defray the additional costs of administering said program. Said office shall submit said guidelines, cost estimates and revenue schedule to the clerk of the house of representatives, the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than October first, nineteen hundred and ninety-one.

SECTION 88. Notwithstanding any general or special law to the contrary, the commissioner of education shall designate those public schools in school districts eligible for equal educational opportunity grants, as determined by chapter seventy A of the General Laws, that are "most at risk" schools, as determined pursuant to guidelines promulgated by said commissioner, which guidelines shall include student body performance on the statewide basic skills and assessment tests, and other such school performance factors as the commissioner deems appropriate. The commissioner shall require all school districts that are eligible for equal educational opportunity grants and that contain one or more "most at risk" schools to: (1) give priority regarding the distribution of equal educational opportunity grants for a fiscal year, as that term is defined in section two of said chapter seventy A, to the "most at risk" schools within the school district; and (2) develop a plan, to be approved by the commissioner, for each "most at risk" school within the school district, outlining the specific uses of equal educational opportunity grants that will improve the learning and performance of students within these "most at risk" schools.

SECTION 89. The estimated cost of fringe benefits associated with the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts Fire Fighting Academy shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated within the commonwealth within thirty days after notice from the commissioner of public safety of such estimated expenses; provided, further, that said cost shall be apportioned according to the provisions set forth in section one hundred and ninety-five of chapter one hundred and seventy-five of the General Laws.

SECTION 90. Electric companies in Massachusetts which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section two B of chapter six hundred and thirty-nine of the acts of nineteen hundred and fifty, as added by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, include communities located within the commonwealth, shall be assessed two hundred and fifty thousand dollars plus estimated fringe benefits, as calculated by the secretary of administration and finance pursuant to section five D of chapter twenty-nine of the General Laws, for the evaluation, development and implementation of radiological emergency response plans and the analysis of work plans concerning the preparedness of the commonwealth to respond to accidents at said plants and for the monitoring of safety-related issues at said plants. The department of public utilities shall develop an equitable method of apportioning said assessment among said companies. Said assessments shall be deposited into an account administered by the Massachusetts civil defense agency and may be expended by the agency for equipment, personnel, services and related expenses to evaluate, develop, and implement radiological emergency response plans and to monitor safety issues concerning said nuclear power plants. For purposes of this section, electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale, or distribution and sale, of electricity within the commonwealth; provided that the term electric company shall not include municipalities or municipal light plants.

SECTION 91. The commissioner of the department of police is hereby authorized to charge the various offices of the district attorney of the commonwealth and the office of the attorney general for overtime payments made to state police officers assigned by the commissioner to duty with said district attorneys and attorney general and paid pursuant to item 8100-0002 of section two of this act. The proceeds received from such charges shall be credited to said item 8100-0002 and made available for expenditure. The district attorneys of the commonwealth and the attorney general shall designate the account to be charged; provided, however, that accounts established pursuant to section forty-seven of chapter ninety-four C of the General Laws may also be charged, notwithstanding any provisions of said section forty-seven to the contrary.

SECTION 92. The secretary of economic affairs is hereby authorized and directed to study, in consultation with the board of regents, the feasibility of establishing a program to allow tax credit offsets and other incentives to Massachusetts companies which contract for research and training with Massachusetts private and public colleges and universities. Said report shall be submitted to the house and senate committees on ways and means by the first Wednesday in December, nineteen hundred and ninety-one.

SECTION 93. (a) On or before September first, nineteen hundred and ninety-one, the governor shall file legislation with the office of the clerk of the house of representatives relative to recommending the establishment of a long-term funding mechanism for meeting the expenses of the administration of an hazardous waste cleanup program, as authorized by chapter twenty-one E of the General Laws and as funded by item 2260-8870 of section two of this act. Said long-term funding mechanism shall not include or depend upon the utilization of general fund revenues. All revenues derived from the establishment and implementation of said long-term funding mechanism shall be credited to the Environmental Challenge Fund as established by section two J of chapter twenty-nine of the General Laws.

(b) Notwithstanding any provision of law to the contrary, the department of environmental protection shall not enforce subsection (g) of section three A of said chapter twenty-one E after July first, nineteen hundred and ninety-two, unless and until there has been enacted legislation providing for a dedicated revenue source for the Environmental Challenge Fund other than revenues dedicated to the said fund on the effective date of this act.

SECTION 94. Section eighty-six of chapter six of the acts of nineteen hundred and ninety-one is hereby repealed.

SECTION 95. Section 9A of chapter 6A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 19, the word "fifteen" and inserting in place thereof the following:- twenty-two.

SECTION 96. Said chapter 6A is hereby amended by inserting after section 32C the following section:-

Section 32D. The commission shall promulgate such regulations as may be necessary to ensure the uniform reporting of revenues, charges, costs and utilization of health care services that are delivered by institutional and non-institutional providers. Such uniform reporting shall enable the commission to identify, on a patient-centered and provider-specific basis, statewide and regional trends in the cost, availability and utilization of medical, surgical, diagnostic and ancillary services provided by acute hospitals, nursing homes, chronic care and rehabilitation hospitals, other specialty hospitals, clinics, including mental health clinics, and such ambulatory care providers as the commission may specify.

The commission shall, before adopting such regulations, consult with other agencies of the commonwealth, and the federal government, and affected providers, as applicable, to ensure that the reporting requirements imposed from time to time under such regulations are not duplicative, excessive, or costly. To the extent that any requirements imposed by the commission result in additional costs to the reporting providers, such additional costs shall be included in the rates the commission promulgates for such providers. The commission may specify, by regulation, categories of information which may be furnished under a promise of confidentiality to the provider. Such promise may only be extended by the commission if the data furnished is not to be used for setting rates.

SECTION 97. Section 82A of said chapter 6A, as so appearing, is hereby amended by inserting, at the end thereof, the following subsection:-

(d) Any hospital whose 1988 inpatient MAC cost per case mix adjusted discharge, as set forth in the CMAD Study, dated July 17, 1989, conducted by the Rate Setting Commission in the matter of Atlanticare Medical Center's request for relief (the "CMAD Study"), is less than $3,300 shall have its 1991 patient care costs adjusted to incorporate a "low cost case mix adjustment". Such adjustment shall be calculated by determining the difference between the average 1988 inpatient MAC cost per case mix adjusted discharge per the CMAD Study for the hospitals in the similar licensed bed size group and the 1988 inpatient MAC cost per case mix adjusted discharge per the CMAD Study for the hospitals qualifying for the "low cost case mix adjustment". For the purposes of this section, similar licensed bed size group shall be comprised of hospitals included in the CMAD Study whose 1988 licensed beds are in the following licensed bed ranges: 1-99, 100-199, 200-299, 300 and over.

One-half of the difference in 1988 inpatient MAC cost per case mix adjusted discharge between the qualifying hospital and the average of the similar licensed bed sized group shall be multiplied by the qualifying hospital's 1988 case mix adjusted discharges per the CMAD Study and the product inflated by the qualifying hospital's 1989, 1990 and 1991 inflation adjustments. The result will be deemed to be the qualifying hospital's "low cost case mix adjustment" and will be added to the qualifying hospital's 1991 patient care costs.

SECTION 98. For the last quarter of hospital fiscal year nineteen hundred and ninety-one, the total private sector liability for the uncompensated care pool established pursuant to section eighty-seven of chapter six A and section fifteen of chapter one hundred and eighteen F of the General Laws shall be increased by six million, two-hundred and fifty thousand dollars for the benefit of the Boston City Hospital Account. For the first three quarters of hospital fiscal year nineteen hundred and ninety-two, the total private sector liability for said uncompensated care pool, if such fund shall be then in existence, shall be increased by eighteen million, seven-hundred and fifty thousand dollars for the benefit of the Boston City Hospital Account and by ten million, seven hundred thousand dollars for the benefit of the Vaccine Trust Fund.

SECTION 99. Section 1. Notwithstanding any general or special law to the contrary, there shall be established within the department of procurement and general services, but not subject to its control, a division of purchased services. The division shall have primary responsibility for the implementation and coordination of an efficient and accountable system of procurement, selection, pricing, contract administration, program monitoring and evaluation, contract compliance and post audit for any department, agency, board or commission of the commonwealth which procures or pays for social service programs from providers.

For the purposes of this chapter, the term "social service program" shall mean any social, special educational, mental health, mental retardation, habilitative, rehabilitative, vocational, employment and training, or elder services program or accommodations, purchased by a governmental unit, including any program provided pursuant to chapter seventy-one B of the General Laws, but excluding any program or service which is reimbursable under Title XIX of the Social Security Act. The term "governmental unit" shall mean the commonwealth and any school district or other political subdivision of the commonwealth.

The division shall be headed by an assistant commissioner, who shall be appointed by and serve at the pleasure of the secretary of administration and finance, and who shall have administrative responsibility for said division. The position shall be classified in accordance with section forty-five of chapter thirty, and the salary therefor shall be determined in accordance with section forty-six C of said chapter thirty.

The division shall be comprised of such bureaus as may be necessary to carry out the mission of the division, which may include, but not be limited to: an audit bureau, a bureau of data base management and a bureau of program pricing, which may be comprised of a unit for special education program pricing and a unit for other social service programs. The assistant commissioner shall report annually to the house and senate committees on ways and means on the activities and operations of the division, including any recommendations for legislation. Said report shall also summarize any findings, opinions and recommendations of the social service policy advisory board established pursuant to section two.

Section 2. There shall be a social service policy advisory board consisting of the secretary of health and human services or his designee, the secretary of elder affairs or his designee, the commissioner of education or his designee, a representative of the Massachusetts association of school committees who shall be selected by that organization, a representative of the associated industries of Massachusetts who shall be selected by that organization, a representative of the Massachusetts association of approved private schools who shall be selected by that organization, and twelve members to be appointed by the governor, one of whom shall be a representative of a provider contracting with one or more agencies within the executive office of health and human services, one of whom shall be a representative of a provider contracting with the executive office of elder affairs, one of whom shall be a consumer of services provided by one or more agencies within the executive office of health and human services, one of whom shall be a consumer of services provided by an agency contracting with the executive office of elder affairs, one of whom shall be a representative of the Massachusetts superintendents of schools association or a special education administrator for a city or town of the commonwealth, and one of whom shall be a parent of a child with special education needs. Each appointed member of said board shall be appointed for a term of three years and may be reappointed; provided, that among the initial appointed members, four shall be appointed for a term of one year, four shall be appointed for a term of two years, and four shall be appointed for a term of three years. The chairperson of said board shall be selected by the governor and shall serve in this function for a term of not more than one year.

Said board shall meet quarterly and shall make recommendations to the assistant commissioner on matters of policy of the division. Except in the case of emergency regulations, at least thirty days before the promulgation of any proposed regulation, the assistant commissioner shall provide a copy thereof, together with an explanatory statement, to said board. The assistant commissioner shall give due consideration to comments on such proposed regulation submitted by said board or any members thereof.

Section 3. The division shall have the responsibility for prescribing the methods to be used in determining the prices to be reimbursed to providers of social services programs by governmental units. The methods prescribed by the division in determining prices shall be fair, reasonable and adequate. All governmental units shall pay the prices developed in accordance with the methods prescribed by the division.

The rates determined by the division of purchased services pursuant to chapter seventy-one B shall be set annually by the first Wednesday in February for the next fiscal year. If said division fails to determine said final annual rates on or before the first Wednesday in February, said rates in effect shall continue to be in effect for the next fiscal year. In addition, program rates may be adjusted prospectively to account for unanticipated emergencies beyond the reasonable control of the provider, or to reflect costs attributable to extraordinary changes in volume, or to account for noncompliance with federal or state statutory or local regulatory requirements, all as set forth in regulations of the division. 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 division. Nothing herein shall preclude the division from setting a rate for a new program established for the first time under said chapter seventy-one B, or individual or sole source rates as provided in the regulations of the division after the first Wednesday in February of any fiscal year.

The division shall submit an estimated rate of inflation for social service programs to the secretary of administration and finance annually by December first for consideration in the preparation of the governor's annual budget recommendation.

Any provider or governmental unit aggrieved by the division's action or failure to act with respect to the determination of a price pursuant to the division's pricing methods, and desiring a review thereof, may file, pursuant to regulations promulgated by the division, an appeal with the division of administrative law appeals in accordance with section four H of chapter seven. The question on appeal of the decision of the division of purchased services shall be whether said division, in taking the action challenged by the aggrieved party, has properly applied its regulations. This paragraph shall not be construed to confer a right upon any aggrieved party to challenge, in a proceeding before the division of administrative law appeals, the procedural or substantive validity of any regulation of general applicability promulgated by the division of purchased services. Any such challenges shall be brought exclusively in the superior courts of the commonwealth in accordance with the provisions of chapter thirty A.

Section 4. The division shall establish guidelines and standards, consistent with generally accepted governmental auditing standards, for independent financial and performance audits of providers of social service programs and governmental units purchasing programs. The division shall coordinate or conduct audits of providers as needed to monitor compliance with applicable fiscal policies. The division shall develop and administer a uniform system of financial accounting, allocation, reporting and auditing of all providers which conforms to generally accepted governmental auditing standards. The division may conduct quality assurance reviews of provider financial statements and their auditors' reports and work papers.

Section 5. The assistant commissioner may, in accordance with chapter thirty A, and after notice to the social service policy advisory board as provided in section two, promulgate rules and regulations required to develop, implement, administer and monitor the programs and functions of the division. Said regulations shall provide for a right of appeal, to the division or appropriate other bodies, for any procuring governmental unit or provider aggrieved by any action or failure to act under color of this chapter or said regulations.

Section 6. All proposed regulations of the office for children and the department of education, and any other licensing or certification standards proposed by any department procuring social service programs, shall be forwarded to the division of purchased services with a statement describing the anticipated financial impact of the regulations fourteen days prior to publication of the notice of rule making required under chapter thirty A.

SECTION 100. Chapter 12 of the General Laws is hereby amended by inserting after section 20C the following section:-

Section 20D. The district attorneys may appoint a suitable person to serve as executive director to the Massachusetts District Attorneys Association for the purpose of promoting prosecutorial resources and improving prosecutorial functions through the coordination and standardization of services and programs, together with providing information, technical assistance and educational services to ensure standardization in organization, goals, operations and procedures. The executive director may expend such funds as are appropriated therefor, together with additional funds from federal grants and other contributions that may be made available for these purposes, and may hire such professional assistants as shall be authorized. The executive director shall devote his time during ordinary business hours to his duties and shall neither directly nor indirectly engage in the practice of law.

SECTION 101. The second paragraph of section 6 of chapter 15A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the last sentence.

SECTION 102. Section 16 of chapter 18 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

When a timely request for a hearing is made because of a termination or reduction of assistance, involving an issue of fact, or of judgment relating to an individual case, between the agency and the appellant, assistance shall be continued during the period of the appeal. If the decision is adverse to the appellant, assistance shall be terminated immediately. If assistance has been terminated prior to a timely request for a hearing, assistance shall be reinstated.

SECTION 103. Section 2 of chapter 19C of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words "within but not subject to the control of the executive office of human services".

SECTION 104. Section 6 of chapter 20 of the General Laws is hereby repealed and inserting in place thereof the following:-

Section 6. The Commissioner shall organize the department into divisions and bureaus and shall assign to said divisions their functions. The commissioner, with the approval of the board, may appoint a director to each division and a chief to each bureau thereunder, to have charge of the work of the division and the bureau and may, with like approval, remove such directors or chiefs at any time. The compensation of the directors and chiefs shall be fixed by the commissioner with the approval of the board. The commissioner, with the approval of the board, shall appoint such scientific experts as the work of the department may require, and may assign them to divisions, may transfer and remove them, and the provisions of chapter thirty-one shall not apply. He shall, subject to the provisions of said chapter, appoint such inspectors, clerks and other assistants as he may deem necessary.

SECTION 105. Notwithstanding the provisions of any general or special law to the contrary, in addition to the provisions of chapter one hundred and sixty-six A of the General Laws, the Community Antenna Television Commission is hereby authorized to make an assessment for fiscal year nineteen hundred and ninety-two, against each licensee under this chapter with operating revenues exceeding one million dollars based upon the operating revenues of each licensee derived from sales within the commonwealth of such community antenna television service as shown in the most recent annual report to the commission of each said licensee. Said assessment shall be determined and certified by the commission as to produce not more than two hundred and fifty thousand dollars in revenue to be allocated among such licensees in the proportion that each licensee's share of such operating revenues bears to the total of all such licensees in the commonwealth during the previous calendar year. The funds produced by such assessment shall be allocated to the administrative, operational, equipment and personnel expenses of said commission.

SECTION 106. Section 12M of chapter 25 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 41, the word "fifteen" and inserting in place thereof the following:- twenty-two.

SECTION 107. Section 18 of said chapter 25 of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 23, in each instance, the word "fifteen" and inserting in place thereof, in each instance, the following:- twenty-two.

SECTION 108. Chapter 29 of the General Laws is hereby amended by inserting after section 2S the following section:-

Section 2T. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Watershed Management Fund. There shall be credited to such fund the following:

(a) all fees assessed against the authority including, but not limited to, fees established pursuant to section one hundred and thirteen of chapter ninety-two, and against any other public or private entity by the commissioner;

(b) all revenues generated by the commission's watershed division which shall include, but not be limited to, the sale of hydroelectricity, recreational or permit fees, and any access fees established pursuant to chapter four hundred and thirty-six of the acts of nineteen hundred and ninety;

(c) all revenues from the sale of wood products harvested on watershed lands; and

(d) all interest earned on monies within the fund.

Amounts credited to the Watershed Management Fund shall be used, subject to appropriation, for the maintenance and operating costs of the commission's watershed division, as established in sections one hundred and four to one hundred and twenty, inclusive, of chapter ninety-two, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards; and any open space land acquisitions deemed necessary to protect the commission's water supply, including the purchasing of watershed preservation restrictions pursuant to sections seven, eight, and nine of chapter twenty-eight.

SECTION 109. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year beginning July first, nineteen hundred and ninety-one, no transfer between any subsidiary account shall occur without the prior approval of the house committee on ways and means.

SECTION 110. Section 1 of chapter 30B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out clause (12) of subsection (b) and inserting in place thereof the following clause:-

(12) a contract for the procurement of insurance or surety bonds, including an agreement subject to the provisions of sections one to sixteen, inclusive, of chapter forty M or the provisions of sections twenty-five E to twenty-five U, inclusive, of chapter one hundred and fifty-two;.

SECTION 111. Said section 1 of said chapter 30B, as so added, is hereby further amended in clause (13) of subsection (b), by striking out the words, "labor relations representatives, lawyers, designers, or certified public accountants".

SECTION 112. Said section 1 of said chapter 30B, as so added, is hereby further amended by adding, after clause (14) of subsection (b), the following clauses:-

(15) contracts with labor relations representatives, lawyers, designers, or certified public accountants;

(16) contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses' assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers, and veterinarians;

(17) a contract for snow plowing by a governmental body;

(18) a contract or lease by a governmental body of its boat slips, berths, or moorings;

(19) a contract for retirement board services;

(20) a contract which is funded by proceeds derived from a gift to a governmental body or a trust established for the benefit of a governmental body;

(21) a contract for the towing and storage for motor vehicles;

(22) a contract to provide job-related training, educational or career development services to the employees of a governmental body;

(23) a contract pursuant to which a governmental body obtains services from a bank, as defined in section one of chapter one hundred and sixty-seven, subject to the maintenance of a compensating balance;

(24) a contract for ambulance service by a governmental body; or

(25) a contract to sell or lease industrial or commercial real property by a public or quasi-public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority;

(26) a contract for the collection of delinquent taxes or for the services of a deputy tax collector.

SECTION 113. Chapter 31 of the General Laws is hereby amended by striking out section 44, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 44. Any party aggrieved by a final decision of the commission following a hearing pursuant to any section of this chapter or chapter thirty-one A may institute proceedings for judicial review in the appeals court within thirty days after receipt of such decision. The proceedings in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A.

SECTION 114. Clause (a) of subdivision (7) of section 22 of said chapter 32, as appearing in the 1990 Official Edition, is hereby amended by inserting, in line 795, after the word "systems" the following:- provided, however, that the PRIM board, on or before January first of each such fiscal year, shall reimburse the commonwealth the amounts appropriated for said expense funds from the PRIT fund.

SECTION 115. The second paragraph of subdivision (1) of section 22D of said chapter 32, as so appearing, is hereby amended by striking out, in line 39, the word "ninety-one", and inserting in place thereof the word:- ninety-two.

SECTION 116. The fourth paragraph of subdivision (1) of said section 22D of said chapter 32, as so appearing, is hereby amended by striking out, in line 72, the word "ninety", and inserting in place thereof the word:- ninety-one.

SECTION 117. Section 11 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 to 16, inclusive, the words "said surviving spouse or surviving dependent shall pay ten percent of the monthly premium for such insurance and the commonwealth shall contribute the remaining ninety percent of said premium, subject, where applicable, to reimbursement as provided under section ten B" and inserting in place thereof the following:- 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, pursuant to section eight, on behalf of retired employees, subject, where applicable, to reimbursement as provided under section ten B, and that eligible persons having elected coverage under this section shall pay the remainder premium or rate.

SECTION 118. Said chapter 32A is hereby further amended by adding the following section:-

Section 18. Notwithstanding any other provision of this chapter, all retirees, their spouses and dependents insured or eligible to be insured under sections five, ten B and twelve, if enrolled in medicare part A at no cost to the retiree, spouse or dependents, or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare health benefits supplement plan offered by the commission under section ten C or section fourteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree's existing coverage. Each retiree shall provide the commission, in such form as the commission shall prescribe, such information as is necessary to transfer to a medicare health benefits supplement plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health coverage. The commonwealth shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplement plan.

SECTION 119. Said chapter 32A, as so appearing, is hereby amended by adding the following section:-

Section 19. The commission is hereby authorized to pay to any active or retired employee of the commonwealth who is insured by the commonwealth as of July first, nineteen hundred and ninety-one pursuant to the provisions of this chapter for hospital, surgical, medical or other health insurance benefits and who gives written notice in accordance with the provisions of section seven indicating his desire not to be so insured by the commonwealth, an amount of money to be determined by the commissioner of administration; provided that such amount shall equal no less than twenty-five percent of twelve times the total monthly rate for individual insurance coverage as determined by the commission; provided further that the commission may pay such amount to such active or retired employee in payments or in one lump sum.

The commission shall require that any employee choosing to accept such payment shall verify that he is insured under a qualifying policy toward which the commonwealth makes no contribution; provided, however, that for the purposes of this section, "a qualifying policy" shall be any policy as determined by the commissioner of medical services, which provides a schedule of benefits comparable to that to which the employee would be eligible to receive if he were insured by the commonwealth under this chapter; provided, further, that no policy shall be deemed a qualifying policy which does not provide at least the benefits provided under the basic schedule of health care services under clause (i) of section six of chapter one hundred and eighteen F. The commission shall provide that if such active or retired employee ceases to be so insured under such a qualifying policy, such employee shall thereupon be insured by the commonwealth pursuant to this chapter on the date on which he informs the commission of such termination of insurance coverages; provided, however, that any amounts to be paid to such employee in accordance with this section shall be ratably reduced and any amounts paid hereunder which are allocable to periods of employment after such insurance coverages are reinstated or instituted may be recovered by the commission under such terms and such conditions as the commission shall determine.

SECTION 120. Section 3A of chapter 32B, as appearing in the 1990 Official Edition, is hereby amended by striking the first sentence and inserting in place thereof the following two sentences:- A city, town, county, except Worcester county, or other subdivision of the commonwealth, when providing hospital, surgical, medical, dental and other health care coverage as authorized by this chapter, and subject to the adequacy of a claims trust fund as hereinafter described, may, in lieu of or in addition to entering into the insurance policies, agreements, or contracts described in this chapter, enter into an administrative services or other contract with one or more insurance companies, nonprofit hospital, medical or dental service corporations organized under chapter one hundred and seventy-six A, chapter one hundred and seventy-six B, or chapter one hundred and seventy-six E, or with one or more health care organizations, or with one or more third-party administrators or other entities to organize, arrange, or provide for the delivery or payment of health care coverage or services, whereby the funds for the payment of claims of eligible persons, including appropriate service charges of the insurance carrier, third party administrator or other intermediary, shall be furnished by the respective subdivision from the claims trust fund for the payment by such intermediary to the health care vendors or persons entitled to such payment in accordance with the terms and provisions of said contract. Subject to the adequacy of a claims trust fund, as hereinafter described, a city, town, county, except Worcester county, or other subdivision of the commonwealth may itself provide all or a portion of the administrative services authorized by this section without contracting with an insurance company, third party administrator or other intermediary for such services.

SECTION 121. Section 11C of said chapter 32B, as so appearing, is hereby amended by adding the following clause:-

(e) The medicare extension coverage permitted by this section shall be mandatory, rather than optional, for any governmental unit that accepts section eighteen.

SECTION 122. Said chapter 32B, as so appearing, is hereby further amended by adding the following section:-

Section 18. In a governmental unit which has accepted the provisions of section ten and which accepts the provisions of this section, all retirees, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare extension plan offered by the governmental unit under section eleven C or section sixteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree's existing coverage. Each retiree shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a medicare extension plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from any retiree, a retiree's spouse and dependents, proof certified by the federal government of their eligibility or ineligibility for medicare part A and part B coverage. The governmental unit shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplement plan.

This section shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner:- In a county by vote of the county commissioners; in a city having a Plan D or Plan E charter by a majority vote of its city council; in any other city by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district by vote of the regional district school committee; and in a town either by vote of the town at a town meeting or, by a majority of affirmative votes cast in answer to the following question which shall be printed upon the official ballot to be used at an election of said town:- "Shall the town require that all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefits supplement plan offered by the town ".

SECTION 123. Chapter 40, as appearing in the 1988 Official Edition, is hereby amended by inserting, after section twenty-two E, the following section:-

Section 22F. Any municipal board or officer empowered to issue a license, permit, certificate, or to render a service or perform work for a person or class of persons, may, from time to time, fix reasonable fees for all such licenses, permits, or certificates issued pursuant to statutes or regulations wherein the entire proceeds of the fee remain with such issuing city or town, and may fix reasonable charges to be paid for any services rendered or work performed by the city or town or any department thereof, for any person or class of persons.

A fee or charge imposed pursuant to this section shall supersede fees or charges already in effect, or any limitations on amounts placed thereon for the same service, work, license, permit or certificate, provided that this section shall not supersede the provisions of chapter six A sections thirty-one through seventy-seven, chapter eighty, chapter eighty-three, or chapter one hundred and thirty-eight. The fee or charge being collected immediately prior to acceptance of this section for any license, permit, certificate service or work will be utilized until a new fee or charge is fixed under this section.

The provisions of this section may be accepted in a city by a vote of the city council, with the approval of the mayor if so required by law, and in a town by vote of the town meeting, or by vote of the town council in towns with no town meeting.

SECTION 124. The first paragraph of section 108L of chapter 41 of the General Laws, as appearing in the l988 Official Edition, is hereby amended by inserting after the word "safety", in line 7, the following words:- any special state police officer, appointed under the provisions of section two of chapter one hundred and forty-seven, commissioned prior to January first, nineteen hundred and seventy, who has served in the department of public safety for not less than twenty years and who assumed the duties and responsibilities of a state police officer.

SECTION 125. The fifth paragraph of said section 108L of said chapter 41, as so appearing, is hereby amended by inserting after the word "safety", in line 48, the following words:- any special state police officer, appointed under the provisions of section two of chapter one hundred and forty-seven, commissioned prior to January first, nineteen hundred and seventy, who has served in the department of public safety for not less than twenty years and who assumed the duties and responsibilities of a state police officer.

SECTION 126. The first paragraph of clause forty-first A of section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Any city or town may also, by vote of its legislative body, adopt a higher maximum qualifying gross receipts amount for the purposes of this section; provided, however, that such maximum qualifying gross receipts amount shall not exceed forty thousand dollars.

SECTION 127. Said chapter 59, as so appearing, is hereby amended by striking out section 25 and inserting in place thereof the following section:-

Section 25. The assessors of each city, town and tax-levying district shall annually raise by taxation such reasonable amount of overlay as the commissioner may approve. The overlay account may be used only for avoiding fractional divisions of the amount to be assessed and to fund abatements granted on account of taxes assessed for the fiscal year for which the overlay is raised. Only so much of such overlay as is approved by the commissioner as exceeds two and one-half of the maximum levy limit shall be included in calculating the "total taxes assessed" in paragraph (a), or the maximum levy limit in paragraph (f), of section twenty-one C. Any balance in the overlay account in excess of the amount of the warrant remaining to be collected or abated, as certified by the board of assessors, shall be transferred by the board of assessors upon its own initiative or within ten days of a written request by the chief executive officer, with written notice to the chief executive officer, to a reserve fund to be appropriated for any lawful purpose. Any balance in said reserve fund at the end of the fiscal year shall be closed out to surplus revenue.

SECTION 128. Section 1 of chapter 60A of the General Laws, as appearing in the 1990 Official Edition, is hereby 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; provided, however, that the minimum excise shall in all cases be equal to twenty-five dollars.

SECTION 129. Section 21 of chapter 62C of the General Laws, as amended by section 1 of chapter 439 of the acts of 1989, is hereby further amended by striking out the first paragraph of clause (11) and inserting in place thereof the following:-

(11) the disclosure by the commissioner of a list of all taxpayers, including but not limited to individuals, trusts, partnerships, corporations, one hundred and twenty-one A corporations and other taxable entities, that are delinquent in the payment of their tax liabilities in an amount greater than twenty-five thousand dollars for a period of six months from the time the taxes were assessed, or the disclosure to the commissioner of public welfare or his designee of information as provided in section three A of chapter one hundred and eighteen. Said list shall contain the names, address, types of taxes, month and year assessed and amounts outstanding of said delinquent taxpayers.

SECTION 130. Chapter 63 of the General Laws is hereby amended by inserting after section 38L, inserted by section 122 of chapter 240 of the acts of 1989, the following section:-

Section 38M. A domestic or foreign corporation shall be allowed a credit against the amount determined in excise due under this chapter in accordance with section forty-one of the "Internal Revenue Code", except as follows:-

(A) The applicable percentage shall be ten percent of the excess of the qualified research expenses for the income year over the base period research expenses and fifteen percent of the basic research payments.

(B) "Qualified research" and "basic research" shall only apply to research conducted in the commonwealth.

(C) (1) The provisions of this section shall apply to expenditures incurred after January first, nineteen hundred and ninety-one.

(2) In the case of the taxable year which begins on or before January first, nineteen hundred and ninety-one, and ends on or after December thirty-first, nineteen hundred and ninety-one, any amount for any base period with respect to that taxable year shall be the amount which bears the same ratio to that amount for that base period as the number of days in that taxable year before January first, nineteen hundred and ninety-one, bears to the total number of days in that taxable year.

SECTION 131. Chapter 70A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. Each city, town, or district, which accepts, by majority vote of both the school committee and the appropriating authority of such city or town, and each regional school district which accepts by majority vote of the school committee and by majority vote of two-thirds of the appropriating authorities of the member towns and cities, an equal educational opportunity grant made available under the provisions of section four shall expend for direct service expenditures for pupils in public school in the current year, an amount which is at least as great as (1) the product of the number of weighted full time equivalent pupils for the current year multiplied by the amount expended per weighted full time equivalent pupil in the preceding fiscal year, including amounts received under the provisions of section four in that year, and (2) a proportionate share of the sum, whether positive or negative, of (i) the net change in the total of school aid, regional school aid and additional assistance received by such city, town or regional school district, plus (ii) any increase in the property tax levy in such city, town in the current fiscal year, minus (iii) the sum of increases in the costs of debt service, court judgments, and pensions in the current fiscal year over the preceding fiscal year, said sum to be added to (1) above when said sum is positive and subtracted from (1) above when said sum is negative. For the purposes of this paragraph, "proportionate share" shall mean the proportion which (a) direct service expenditures for pupils in public schools in the preceding fiscal year less the total amount received pursuant to section four in said preceding fiscal year bears to (b) the sum total of school aid and additional assistance received by such city, town, or regional school district in said preceding fiscal year and the total property tax levy of such city or town in said preceding fiscal year.

In order for a city, town or district which does not qualify for an equal educational opportunity grant under the provisions of said section four in the fiscal year nineteen hundred and eighty-six to so qualify in any fiscal year thereafter such city or town must expend in the fiscal year nineteen hundred and eighty-six and in each fiscal year thereafter an amount which is at least as great as (1) the product of the number of weighted full time equivalent pupils for the current year multiplied by the amount expended per weighted full time equivalent pupil in the preceding fiscal year, (2) a proportionate share of the sum, whether positive or negative, of (i) the net change in the total of school aid, regional school aid and additional assistance received by such city, town or regional school district, plus (ii) any increase in the property tax levy in such city, town in the current fiscal year, minus (iii) the sum of increases in the costs of debt service, court judgments, and pensions in the current fiscal year over the preceding fiscal year, said sum to be added to (i) above when said sum is positive and subtracted from (1) above when said sum is negative. For the purposes of this paragraph, "proportionate share" shall mean the proportion which total expenditures for all pupils in all programs, as defined in section two of chapter seventy of the General Laws, in the preceding fiscal year bears to the sum of the total of school aid and additional assistance received by such city or town in the preceding fiscal year and the total property tax levy of such city or town in the preceding fiscal year.

In order for a regional school district or independent vocational school which does not qualify for an equal educational opportunity grant under the provisions of said section four in the fiscal year nineteen hundred and eighty-six to so qualify in any fiscal year thereafter, such regional school district or independent vocational school shall expend in the fiscal year nineteen hundred and eighty-six and in each fiscal year thereafter an amount per weighted full time equivalent pupil not less than the amount per such pupil expended in the preceding fiscal year and the net change in the total of school and regional school aid received by such regional school district or independent vocational school in that fiscal year, said amount to be added when the net change in the total of school aid, regional school aid and additional assistance is positive, and subtracted when negative.

In cases where unusual changes in enrollment or educational costs occur and the requirements of the preceding paragraph would impose an undue fiscal hardship on a city or town or the cities or towns which are members of a regional school district, such city, town or district may appeal to the commissioner of education for a remedy. Such remedy may include but not be limited to a one-year waiver of the requirements of the preceding paragraph.

SECTION 132. Section 16C of said chapter 71, as so appearing, is hereby amended by inserting after the word "district,", in line 4, the following:- the regional school district shall be obliged to provide transportation for all school children in grades kindergarten through twelve and.

SECTION 133. Section 68 of said chapter 71, as so appearing, is hereby amended by striking the second and third sentences, in lines four through eighteen, and inserting in place thereof the following:-

If the distance between a child's residence and the school he is entitled to attend exceeds two miles and the nearest school bus stop is more than one mile from such residence, and the school committee declines to furnish transportation, the department, upon appeal of the parent or guardian of the child, may require the town to furnish transportation for children in grades kindergarten through six for a part or for all of the distance between said child's residence and the school. If said distance exceeds three miles, and the distance between the child's residence and a school in an adjoining town giving substantially equivalent instruction is less than three miles, and the school committee declines to pay for tuition in such nearer school, and for transportation in case the distance thereto exceeds two miles, the department, upon like appeal, may require the town of residence to pay for tuition in such nearer school for children in grades kindergarten through six, and if necessary provide for transportation for a part or for the whole of said distance to, such nearer school for children in said grades. Nothing contained in the preceding two sentences shall be construed to limit the obligation of regional school districts to provide transportation for all school children in grades kindergarten through twelve, pursuant to the provisions in section sixteen C of this chapter.

SECTION 134. Subsection (d) of section 16 of chapter 71, as so appearing, is hereby amended by striking, in lines 41 and 54, the word "thirty" and inserting in place thereof, in each instance, the word:- sixty.

SECTION 135. Chapter 71 of the General Laws is hereby amended by striking out section fifty-four B, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 54B. No person shall administer or cause to be administered to a pupil in any public school in the commonwealth any psychotropic drug included on a list established by the department of public health unless the school has obtained authorization and direction from the pupil's attending physician who has determined that the administration of such drugs in school is a legitimate medical need of the pupil. Administration of duly authorized medication shall be carried out only by a registered nurse or a licensed physician assigned to the pupil's school for the purpose of administering such medication. In the event that the assigned nurse or physician is absent for the day, or any part thereof, or the pupil is on a school outing and the nurse is unavailable, such medication may be administered by a school employee who has volunteered to administer such medication and who has received training prescribed by the department of public health. No employer shall discharge or in any manner discriminate or retaliate against any employee who declines to volunteer to administer psychotropic drugs under the direction of a nurse of physician. Any employer who discharges, discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees. No person shall administer psychotropic drugs to such a pupil for the purposes of clinical research.

The department of public health shall adopt rules and regulations under the provisions of chapter thirty A of the General Laws to govern the administration or psychotropic drugs to pupils in public schools consistent with this section. Said rules and regulations shall include, but not be limited to:

(a) a list of psychotropic drugs which shall be reviewed annually and revised as deemed necessary;

(b) requirement of a written consent/release by the parent(s) or legal guardian annually which shall include consent/release to administration by a person other than the nurse or physician assigned to the pupil's school as provided above;

(c) requirement of a written order from the attending physician to the school annually;

(d) requirements regarding training, supervision and administration as specified by protocols established by the department including requirements for training and supervision by medical personnel of any persons other than the nurse or doctor assigned to the pupil's school who may volunteer to administer such medication as provided above;

(e) a record keeping system, maintained in a confidential manner by the public school for each pupil receiving such drugs;

(f) requirement of annual reporting from the public schools to the department of public health on all pupils receiving psychotropic drugs, on forms supplied by the department of public health, which shall include but not be limited to descriptions of the number of instances in which medication was administered by a person other than the nurse or doctor assigned to the school and the reason that the nurse or physician was unavailable; provided that data compiled by the department shall be a matter of public record; provided further that such data shall not include any information which may identify the name of any pupil receiving any psychotropic drug; and

(g) requirement that the department of public health prepare an annual report to be made available to the public which report shall include the number of instances in which medication was administered by a person other than the nurse or physician assigned to the school and the reason that the nurse or doctor was unavailable.

Nothing contained in this section shall be construed to affect the rights, duties, obligations, privileges or immunities granted by or under the provisions of chapter two hundred and fifty-eight of the General Laws.

SECTION 136. Section 1 of chapter 71B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the definition of "School age child with special needs" and inserting in place thereof the following definition:- "School age child with special needs", a school age child who, because of temporary or more permanent adjustment difficulties or attributes arising from intellectual, sensory, emotional, or physical factors, cerebral dysfunctions, perceptual factors or other specific learning disabilities or any combination thereof is unable to progress effectively in a regular school program and requires special classes, instruction periods, or other special education services in order successfully to develop his individual educational potential; provided, however, that no child shall be determined to be a school age child with special needs solely because the child's behavior violates the school's disciplinary code;.

SECTION 137. Said section 1 of said chapter 71B, as so appearing, is hereby amended by adding the following definition:-

"Least restrictive environment", the educational placement that assures that, to the maximum extent appropriate, children with special needs, including children in public or private institutions or other care facilities, are educated with children who do not have special needs, and that special classes, separate schooling, or other removal of children with special needs from the regular educational environment occur only when the nature or severity of the special needs is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

SECTION 138. Section 2 of said chapter 71B, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Prior to referral of a school age child for evaluation under the provisions of this chapter, the principal of the child's school shall ensure that all efforts have been made to meet such child's needs within the regular education program. Such efforts may include, but are not limited to: modifying the regular education program, the curriculum, teaching strategies, environments or materials; the use of support services; the use of consultative services; and building based teams to meet the child's needs in the regular education classroom. Such efforts and their results shall be documented and placed in the child's school record; provided, that such efforts shall not be construed to limit or condition the right to refer a school age child for an evaluation under the provisions of this chapter.

SECTION 139. Section 3 of said chapter 71B, as appearing in the 1990 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

No school committee shall refuse a school age child with special needs admission to or continued attendance in public school without the prior written approval of the department, and without complying with the department's regulations and procedures for disciplining students with special needs, where applicable. During the pendency of administrative or judicial proceedings, a court of competent jurisdiction shall have the authority to change a child's educational placement, including removing the child from school, in any circumstances when the school committee shows that the child's behavior poses a substantial likelihood of injury to himself or others; provided, however, that the foregoing shall not be construed to abrogate any authority concerning discipline for such a child which is available to a school committee under said regulations and procedures or any other law. No child who is so refused or removed shall be denied an alternative form of education approved by the department, as provided for in section ten, through a tutoring program at home, through enrollment in an institution operated by a state agency, or through any other program which is approved for the child by the department.

SECTION 140. The twelfth paragraph of said section 3, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following four sentences:- The hearing officer shall order such educational placement and services as he deems appropriate and consistent with this chapter to assure the child's maximum possible development in the least restrictive environment; provided, however, that a presumption shall exist to direct such placement to the regular educational environment. Such order may provide for: the placement or services requested by the school committee, the placement or services requested by the parent, either of those placements or services with modifications, or such alternative programs or services as may be required to assure such development of such child. Said parents, guardians or persons with custody may either consent to or reject such placement, program or services. If rejected, and the program desired by the parents, guardian or person with custody is a regular education program, the department and the local school committee shall provide the child with the educational program chosen by the parent, guardian or persons with custody except where such placement would seriously endanger the health or safety of the child, substantially disrupt the program for other students or, if the child is currently placed in a special education program, deny the child a free appropriate public education.

SECTION 141. Chapter 71B of the General Laws is hereby amended by inserting after section 3 the following section:-

Section 3A. (a) A school committee with four thousand or more children enrolled in its school system shall appoint a person to be its administrator of special education. Such administrator shall devote full time to the duties involved in supervising the provision of all special education in the school system.

(b) A school committee with less than four thousand children enrolled in its school system shall appoint a person to be its administrator of special education. Such administrator shall have the duties involved in supervising the provision of all special education in the school system and other duties if the special education duties are not such as to require the devotion of full time.

(c) Notwithstanding the provisions of paragraphs (a) and (b), the school committee of any city, town, or school district may, to meet its obligations under this section, with the approval of the department, enter into an agreement with any other school committee to jointly appoint an administrator of special education. The department shall promulgate regulations to implement the provisions of this paragraph.

SECTION 142. The first paragraph of section 5 of said chapter 71B is hereby amended in line 18, as so appearing, by inserting after the word "committee" the following:- provided, however, that school committees may accept payment for health care goods and services provided by certified school committee employees from third party payors other than the program of medical care and assistance established under chapter one hundred and eighteen E.

SECTION 143. Said first paragraph of said section 5 of chapter 71B, as so appearing, is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following paragraph:-

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 currently provides or arranges for the provision of special education in a day or residential placement pursuant to the provisions of section three, or his parent or guardian, moves to a different school district on or after July first of any fiscal year, said school committee of the former community or residence shall pay the approved budgeted costs, including necessary transportation costs, of such day or 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 reevaluating 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 day or 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 reevaluation, and an opportunity to participate; and provided, further, that the school committee of such new community of residence shall be financially responsive for any increase, and the obligation of the school committee of such former community of residence shall be reduced by any decrease, in the costs of such day or residential placement during such period which results from any such review, monitoring or reevaluation.

SECTION 144. Section eleven of chapter seventy-one B of the General Laws is hereby repealed.

SECTION 145. The fifth paragraph of section 12 of said chapter 71B, as appearing in the 1988 Official Edition, is hereby amended by striking the third and fourth sentences.

SECTION 146. Section 8 of chapter 74 of the General Laws, as so appearing, is hereby amended by striking out, lines 11 to 14, inclusive, the words "only be required to pay the tuition of any student residing therein who is enrolled in a post-secondary vocational program to the extent provided in sections thirty-seven B through thirty-seven F, inclusive" and inserting in place thereof the words:- not be required to pay any portion of the tuition of any student residing therein who is enrolled in a post-secondary vocational program.

SECTION 147. Section 37B of said chapter 74, as appearing in the 1990 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:-

Upon the vote of the school committee or board of trustees of any industrial, technical, or vocational school, tuition and other related fees may be charged to students residing in its city, town or regional school district admitted to approved post-secondary vocational education programs for the fu11 amount of the average per pupil cost of such program.

SECTION 148. Section 37C of said chapter 74, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- A student admitted under this provision shall be charged tuition and fees for the full amount of the average per pupil cost of such program, as approved by the commissioner under the direction of the state board.

SECTION 149. Section thirty-seven D of said chapter seventy-four is hereby repealed.

SECTION 150. Section thirty-seven E of said chapter seventy-four is hereby repealed.

SECTION 151. Section 2 of chapter 90 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding the following paragraphs:-

The registrar shall furnish, upon application, to owners of private passenger motor vehicles who are veterans, as defined in clause forty-three of section seven of chapter four, and upon presentation of evidence deemed satisfactory by the registrar, one of the following two types of distinctive registration plates, as applicable, based on the veteran's request and qualifications: plates bearing on the left side the word "VETERAN", and for those veterans who have been awarded the Order of the Purple Heart, plates bearing the words, "ORDER OF THE PURPLE HEART RECIPIENT". There shall be a twenty dollar fee for said plates in addition to the established registration fee for passenger motor vehicles. Said plates shall be known as veterans' plates. The registrar may determine such standards and qualifications for the issuance of said plates as he deems proper.

SECTION 152. The registrar of motor vehicles shall allow the Basketball Hall of Fame, located in Springfield, subject to all laws and regulations of the registry of motor vehicles, to furnish from its premises distinctive temporary commemorative registration plates bearing the designation "Birthplace of Basketball", for pleasure passenger vehicles owned and operated by residents of the commonwealth. The Basketball Hall of Fame shall be responsible for designing, manufacturing or contracting for manufacture, inventory control, promotion and distribution of these plates. Owners of pleasure passenger vehicles may, upon purchasing "Birthplace of Basketball" commemorative plates, exchange their present registry plates for these commemorative plates in accordance with normal procedures and rates to allow for the official use of said plates for one year, provided that said plates shall not be used after December thirty-first, nineteen hundred and ninety-two. The revenues raised by the registration of said plates shall not be deposited in the General Fund, but shall be retained by the registry of motor vehicles to cover the expenses in carrying out the provisions of this section. The purchasing price of said commemorative plate shall be determined by the Basketball Hall of Fame.

SECTION 153. The fourth paragraph of section 20 of said chapter 90, as so appearing, is hereby further amended by striking out the first sentence.

SECTION 154. Said chapter 90 is hereby amended by striking out section 27, as so appearing, and inserting in place thereof the following section:-

Section 27. The clerk-magistrate of each court shall keep a full record of every criminal case filed therein, and of every civil motor vehicle infraction heard therein, in which a person is charged with a violation of any statute, ordinance, by-law or regulation relating to the operation or control of motor vehicles, other than violations of section twenty A or twenty A>. Upon the disposition of such matters, the clerk-magistrate shall forthwith send an abstract of such record to the registrar, in such form, with such content, and by such method as the registrar and the administrative justice of the district court department shall jointly determine. The registrar shall record such information in such form as he shall determine, and such record of the registrar shall be an official record of such criminal case or civil motor vehicle infraction for purposes of any action by the registrar pursuant to chapter ninety and for purposes of the safe driver insurance plan established by section one hundred and thirteen B of chapter one hundred and seventy-five.

Courts may on their own initiative, and shall upon the request of the registrar or his agents, furnish to the registrar the details of any particularly flagrant cases involving the operation or control of motor vehicles which may be heard before them. Such reports may include recommendations to the registrar regarding the suspension or revocation of the accused person's operators license or registration certificate.

SECTION 155. Section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out the definition of "Audit sheet" and inserting in place thereof the following two definitions:-

"Appellate division", in the case of the district and Boston municipal court departments, the appellate divisions of such departments established by section one hundred and eight of chapter two hundred and thirty-one; in the case of the juvenile court department, those justices appointed by the administrative justice to sit in one or more districts in panels of three justices in order to fulfill within such department the functions assigned by this chapter to the appellate division.

"Audit sheet", a ist of consecutive numbers assigned to the citations in a particular citation book or books, in such form as the registrar shall determine.

SECTION 156. Section 34 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding the above provisions, all fees received in the issuance of veterans plates, pursuant to section two, in excess of the fees set for the registration of the motor vehicle, shall be paid by the registrar into the General Fund.

SECTION 157. Section 1 of chapter 90C of the General Laws, as amended by chapter 406 of the acts of 1990, is hereby further amended by striking out the definition of "Citation" and inserting in place thereof the following definition:-

"Citation", a notice upon which a police officer shall record an occurrence involving all automobile law violations by the person cited. Each citation shall be numbered consecutively and shall be in such form and such parts as determined jointly by the administrative justice of the district court department and the registrar.

SECTION 158. Section 1 of said chapter 90C, as so appearing, is hereby further amended by striking out the definitions of "District court" and "Division," as so appearing, and inserting in place thereof the following five definitions:-

"Civil Motor Vehicle Infraction", an automobile law violation for which the maximum penalty does not provide for imprisonment, excepting: (a) operation of a motor vehicle in violation of the first paragraph of section ten of chapter ninety; (b) a violation of section twenty-five of chapter ninety; and (c) any automobile law violation committed by a juvenile under the age of seventeen who does not hold a valid operators license.

"Criminal" shall include a delinquency matter under chapter one hundred and nineteen.

"District court", a division of the district court department or a session thereof for holding court and the Boston municipal court department or a session thereof for holding court. It shall also include the divisions of the juvenile court department with respect to automobile law violations that are treated as a delinquency matter in such department and with respect to civil motor vehicle infractions that are recorded in conjunction with and that arise from the same occurrence as automobile law violations that are treated as a delinquency matter in such department.

"Division", a division of the district court department or juvenile court department or, in the case of the Boston municipal court department, the department.

"Magistrate", the clerk-magistrate of a district court, or an assistant clerk who has been designated as a magistrate pursuant to section sixty-two B of chapter two hundred and twenty-one. With the approval of the administrative justice of the department, in a particular division the term "magistrate" may include a justice.

SECTION 159. Said section 1 of chapter 90C is hereby further amended by inserting after the definition of "Registrar," as so appearing, the following two definitions:-

"Scheduled assessment", the amount of the civil assessment for a particular civil motor vehicle infraction, as established jointly by the administrative justice of the district court department and the registrar. A scheduled assessment shall not exceed the maximum assessment or fine established by law for each such violation. A schedule of such assessments shall be visibly posted in each office of the registry of motor vehicles and in the clerk-magistrate's office of each district court.

"Violator", a person, corporation, society, association or partnership accused of an automobile law violation.

SECTION 160. Section 2 of said chapter 90C, as appearing in the 1988 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following two paragraphs:-

If the police officer has not directed that a written warning be issued and has not arrested the violator, the police chief or a person duly authorized by him shall retain the police department copy of each citation, and not later than the end of the fourth business day after the date of the violation:

(a) in the case of citations alleging only one or more civil motor vehicle infractions, shall cause all remaining copies of such citations to be mailed or delivered to the registrar; or

(b) in the case of citations alleging one or more criminal automobile law violations, shall cause all remaining copies of such citations to be delivered to the clerk-magistrate of the district court for the judicial district where the violation occurred. Failure to comply with the provisions of this paragraph shall not constitute a defense to any complaint or indictment charging a violation of section twenty-four, twenty-four G or twenty-four L of chapter ninety if such violation resulted in one or more deaths. Each clerk-magistrate shall maintain a record in the form prescribed by the administrative justice of the district court department of such citations and shall notify the registrar of the disposition of such citations in accordance with the provisions of section twenty-seven of said chapter ninety.

SECTION 161. Said chapter 90C is hereby amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. (A) (1) If a police officer observes or has brought to the officer's attention the occurrence of a civil motor vehicle infraction, the officer may issue a written warning or may cite the violator for a civil motor vehicle infraction in accordance with this subsection. If the officer issues a citation solely for one or more civil motor vehicle infractions without any associated criminal violations, the officer shall indicate on the citation the scheduled assessment for each civil motor vehicle infraction alleged.

(2) The citation shall notify the violator that within twenty days of the date of the citation the violator must, for each civil motor vehicle infraction alleged, either pay the scheduled assessment or contest responsibility for the infraction by requesting a noncriminal hearing before a magistrate of the district court.

(3) The violator shall pay the assessment indicated by the officer for each such infraction within twenty days of the date of the citation: (a) by mailing the total amount of the indicated assessment, along with the citation appropriately marked, to the registrar at the address indicated on the citation, or (b) by delivering, personally or through an agent duly authorized in writing, the total amount of the indicated assessment, along with the citation appropriately marked, to any office of the registrar during normal business hours. Payment may be made in such forms, including payment by credit card or other recognized form of electronic payment, as the registrar shall determine.

Payment of the indicated assessment shall operate as a final disposition of the matter. The violator shall not be required to report to any probation officer, and no record of the matter shall be entered in any criminal or probation records of any court. The payment of the indicated assessment shall not be admissible as an admission of guilt, responsibility or negligence in any criminal or civil proceeding, except that such payment shall be an admission of responsibility and shall operate as a conviction for purposes of any action by the registrar pursuant to chapter ninety and for purposes of the safe driver insurance plan established by section one hundred and thirteen B of chapter one hundred and seventy-five.

(4) A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation, and mailing such citation to the registrar at the address indicated on the citation within twenty days of the date of the citation.

A violator who does not, within twenty days of the date of the citation, request a noncriminal hearing shall not thereafter be given such a hearing, unless the registrar shall determine that the failure to make such a request timely was for good cause that was not within the control of the violator. The registrar's determination of such issue shall be final.

The registrar shall notify the clerk-magistrate of the district court for the judicial district in which the infraction occurred of such request for a noncriminal hearing, in such manner as the administrative justice of the district court department and the registrar shall jointly determine. Unless a hearing date and time has already been assigned pursuant to procedures jointly established by the administrative justice of the district court department and the registrar, the clerk-magistrate shall notify the police agency concerned and the violator of the date and time of the hearing before a magistrate of the court.

If the hearing is conducted by a magistrate other than a justice, either the violator or the police agency concerned may appeal the decision of the magistrate to a justice, who shall hear the case de novo. There shall be no right of jury trial for civil motor vehicle infractions.

In any such hearing before a magistrate or justice, the citation shall be admissible and shall be prima facie evidence of the facts stated therein. Compulsory process for witnesses may be had by either party in the same manner as in criminal cases. On a showing of need in advance of such hearing, the magistrate or justice may direct that the violator be permitted to inspect specific written documents or materials in the possession of the police officer or agency concerned that are essential to the violator's defense.

At the conclusion of the hearing, the magistrate or justice shall announce a finding of responsible or not responsible. The magistrate or justice shall enter a finding of responsible if it was shown by a preponderance of the credible evidence that the violator committed the infraction alleged; otherwise the magistrate or justice shall enter a finding of not responsible. No other disposition shall be permitted, and such matters shall not be continued without a finding, dismissed, or filed.

If the violator is found responsible after a noncriminal hearing, the magistrate or justice shall require the violator to pay to the registrar an assessment which shall not exceed the scheduled assessment for that infraction. Such assessment shall be in accordance with any guidelines promulgated by the administrative justice of that department of the trial court, which shall be binding on magistrates and justices, to the end that such assessments are made as uniformly as possible, and which may include provisions requiring a prescribed or a minimum assessment for specified civil motor vehicle infractions.

The violator shall pay to the registrar the assessment imposed by the magistrate or justice within twenty days of the date the violator is personally notified or is mailed notice of the decision of the magistrate or justice, unless for good cause the magistrate or justice allows the violator a longer time to pay the imposed assessment.

The violator's obligation to pay such imposed assessment shall automatically be stayed during the pendency of any timely appeal to the appellate division or any subsequent appeal to an appellate court. The violator shall be required to pay such imposed assessment to the registrar within twenty days of the date the appellate division or the appellate court renders a decision that is adverse to the violator and that has not been further appealed.

(5) Questions of law arising in the disposition of a civil motor vehicle infraction in a noncriminal hearing before a justice may be appealed to the appellate division. Such appeals shall be governed by a simplified method of appeal established by rules promulgated by the administrative justice of the district court department, subject to the approval of the supreme judicial court. Claims of appeal shall be accompanied by an entry fee in an amount established by the chief administrative justice of the trial court. Proceedings under this chapter shall not be reviewable by a civil action in the nature of certiorari.

(6) (a) If a violator:

(i) fails either to pay the full amount of the scheduled assessment to the registrar or to request a noncriminal hearing within twenty days of the date of the citation plus such grace period as the registrar shall allow, or

(ii) fails to appear for a noncriminal hearing before a magistrate or a justice at the time required after having been given notice of such hearing either personally or by first class mail directed to such violator's mail address as reported to the registrar and after notice of such failure has been given to the registrar by the clerk-magistrate, the registrar shall notify such violator by first class mail directed to such violator's mail address that unless and until the violator pays to the registrar the full amount of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees provided for by law or regulation:

(i) in the case of an operator violation, such violator's operators license, learners permit or right to operate will be suspended by operation of law and without further notice or hearing at the expiration of thirty days from the date of the mailing of such notice, and any license to operate a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such license; or

(ii) in the case of an owner violation, any registration of a motor vehicle issued to such violator will be suspended by operation of law and without further notice or hearing at the expiration of thirty days from the date of the mailing of such notice, and any registration of a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such registration.

Unless such notice is sooner cancelled by the registrar, in the case of an operator violation, such violator's operators license, learners permit or right to operate, or in the case of an owner violation any registration of a motor vehicle issued to such violator by the registrar, shall be deemed suspended by operation of law on the date indicated on the notice mailed by the registrar, and shall remain suspended until reinstated by the registrar upon payment of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar.

(b) If a violator attempts to pay a scheduled assessment with a check that is returned unpaid, or fails to pay the full amount of an assessment imposed by a magistrate or justice pursuant to this section within the time allowed plus such grace period as the registrar shall allow, the registrar shall revoke any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar and held by the violator and order the return thereof forthwith. Such violator may not apply for or receive any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar until such amount has been paid in full, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar.

(c) Payment of a scheduled assessment or an assessment imposed by a magistrate or justice pursuant to this section, plus any late fees or other administrative fees provided for by law or regulation, shall operate as a final disposition of the matter. The violator shall not be required to report to any probation officer, and no record of the matter shall be entered in any criminal or probation records of any court.

(B) (1) If a police officer observes or has brought to the officer's attention the occurrence of an automobile law violation that constitutes a criminal offense, the police officer: (a) may direct that a written warning be issued; (b) may arrest the violator without a warrant in accordance with the provisions and limitations of section twenty-one of chapter ninety for such offenses as are specified in that section; or (c) may determine that an application for criminal complaint shall be filed.

(2) If the police officer determines that an application for criminal complaint shall be filed, the officer shall so indicate on the citation. The citation shall notify the violator that a violator accused of a misdemeanor, with no accompanying felony, will be granted a hearing before such complaint issues, as provided in section thirty-five A of chapter two hundred and eighteen, if the violator so requests in writing within four days of the violation to the clerk-magistrate of the district court for the judicial district where the offense occurred. Such notification on the citation shall satisfy the notice requirements of section thirty-five A of chapter two hundred and eighteen.

The citation shall serve as the application for criminal complaint, supplemented if necessary with such additional information as shall be required by the administrative justice of the district court department. If a criminal complaint is issued, the procedure established for criminal cases shall then be followed. Each police chief may, from time to time, designate one person to sign all such complaints.

(3) If a violator in the case of a citation which alleges one or more criminal automobile law violations:

(a) fails without good cause to appear in court as required after having been summonsed or after having been given notice to appear either personally or by first class mail directed to such person's mail address as reported to the registrar, or such person's last known address as furnished by such person to the citing officer or to the court; or

(b) fails to pay within the time allowed the full amount of a fine, penalty, assessment, or other lawful amount required by a justice pursuant to law; or

(c) attempts to pay such fine, penalty, assessment, or other lawful amount with a check that is returned, unpaid, the clerk-magistrate shall notify the registrar. Such notice to the registrar may be given more than once in the same case if necessary.

Upon receipt of such notice, the registrar shall revoke any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar and held by the violator and order the return thereof forthwith. Such violator may not apply for or receive any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar unless and until the violator presents the registrar with a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in accordance with law or, in the case of a matter still pending before the court, that the violator is attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold such certificate. The registrar may cancel such revocation, and so notify the court, if satisfied that it resulted through error of the registrar or the court.

Nothing herein shall limit the availability to the court of other enforcement mechanisms in addition to notice to the registrar, including the issuance of additional written notices, summonses or warrants, including warrants of distress as provided for in section forty-two of chapter two hundred and seventy-nine, or proceedings for civil or criminal contempt. Civil contempt actions shall be prosecuted by the district attorney or police prosecutor and heard by a justice pursuant to rules of court. Any summons or warrant issued pursuant to this subsection may be served by any officer authorized to service criminal process.

(C) If a violator is cited for a civil motor vehicle infraction in conjunction with and arising from the same occurrence as an automobile law violation that constitutes a criminal offense, both shall be recorded on the same citation whenever feasible and all parts of the citation shall be deposited with the clerk-magistrate as provided in section two.

The civil motor vehicle infraction shall retain its character as such and shall be decided and disposed of under the same general procedures and with the same provisions as to disposition and assessments as provided in subsection (A), with the following exceptions:

(1) The violator may not dispose of the civil motor vehicle infraction by paying the scheduled assessment to the registrar until there has been an adjudication of the associated automobile law violation.

(2) The violator may request a noncriminal hearing on such civil motor vehicle infraction by making a written request therefor at any time prior to the commencement of trial on the associated criminal automobile law violation. Such noncriminal hearing shall be conducted by a justice, and either may be conducted simultaneously with the criminal trial, or may be severed from the trial of the associated criminal automobile law violation if justice so requires. If the violator exercises the right to trial by jury in the first instance with respect to the associated criminal automobile law violation, the noncriminal hearing shall be conducted by the justice presiding over such trial.

(3) If the violator has been found guilty of, and is simultaneously being sentenced on, the criminal automobile law violation, the justice may order filed without imposition of an assessment any associated civil motor vehicle infraction as to which the violator admits responsibility or has been found responsible. In all other cases, if the violator admits responsibility or has been found responsible for the civil motor vehicle infraction, the justice shall require the violator to pay a civil assessment in accordance with subsection (A). Such civil assessment shall be paid directly to the registrar, or shall be paid to the clerk-magistrate and then paid over to the registrar, as the registrar and the chief justice of the district court shall jointly determine.

If the violator in such a case defaults solely on the portion of such citation that constitutes one or more civil motor vehicle infractions, such default shall be dealt with as indicated in subsection (A). If the violator in such a case defaults on the portion of such citation that constitutes one or more criminal automobile law violations, such default shall be dealt with as indicated in subsection (B).

SECTION 162. Section 4 of said chapter 90C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Nothing in this chapter shall prevent a person other than a police officer from applying for a criminal complaint for an offense that constitutes a criminal automobile law violation under subsection (B) of section three of this chapter, and such person need not show that the violator has been issued a citation in connection with such violation.

SECTION 163. Said chapter 90C is hereby amended by striking out sections 6 and 7, as so appearing, and inserting in place thereof the following three sections:-

Section 6. The registrar shall print citation books and distribute the same to each police chief, and shall obtain receipts therefor. Each police chief shall accept and be responsible for all citation books issued to that department. The registrar shall also furnish two copies of an audit sheet for each citation book, with the same number as the citation book.

When a citation has been completed, the police chief or an officer of a rank not less than sergeant, or in the case of the state police of a rank not less than corporal and who is in charge of a state police barracks, shall record the issuance and disposition of such citation upon the audit sheet in such manner as the registrar shall prescribe, including but not limited to the name of the police officer who utilized the citation, and whether any citation was spoiled, mutilated or otherwise voided by an agent of the police department or organization. When all citations in a citation book are issued or used, the police chief shall sign and return one copy of the completed audit sheet to the registrar, keeping the other copy for the files of that department. The registrar shall determine the form and content, and the method of transmitting, such audit sheets.

The registrar may at any time demand and inspect any citation, citation book or audit sheet used by any police department or police chief.

Section 7. The registrar is hereby authorized to enter into reciprocal and mutual agreements with other states with regard to the interstate enforcement of motor vehicle violations and all other matters relating to motorists and motor vehicles, upon approval by the secretary of public safety.

Section 7A. The administrative justice of the district court department and the registrar may jointly determine that any communication between the courts and the registry required to implement chapter ninety or this chapter may be accomplished solely by electronic means. The registrar may determine that any other communication by or to the registry required to implement chapter ninety or this chapter may be accomplished solely by electronic means.

SECTION 164. Notwithstanding any general or special law to the contrary, the commonwealth shall be responsible for state compliance with the provisions of the Federal Safe Drinking Water Act, 42, USC 300f et seq.

SECTION 165. Chapter 92 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking section 113 and inserting in place thereof the following section:-

Section . The commission is hereby authorized and directed to establish a fee to be paid by the Authority for water delivered from the commission's watershed lands to the Authority. Said fee shall be established annually by the commissioner of the commission and shall not be more than $.00015 per gallon. The commissioner of the commission shall certify to the treasurer of said Authority on the second Wednesday of each month the total amount, in gallons, of water used during the previous month and, based on the per-gallon fee established annually by said commissioner, the total water use assessment for the previous month. Within thirty days of receipt of the water fees certified by said commissioner, the treasurer of the authority shall remit the total billed amount to the commission. The commissioner of the commission shall forward to the treasurer of the commonwealth the revenues generated by this section which shall be credited to the Watershed Management Fund, established in section two T of chapter twenty-nine.

SECTION 166. Chapter 111H of the General Laws is hereby amended by adding, after section 4 thereof, the following two sections:-

Section 4A. (a) There is hereby established on the books of the commonwealth a separate fund, to be known as the Low Level Radioactive Waste Management Fund. For the purpose of providing funds to implement the management plan adopted pursuant to section twelve and to carry out the powers and duties conferred by this chapter, the board shall annually assess each person licensed or registered to receive, possess, use, transfer or acquire radioactive materials in the commonwealth, amounts sufficient to defray the costs annually incurred by the board for such purposes. Amounts assessed shall be deposited in said fund and may be expended by the board, subject to appropriation, to carry out the powers and duties conferred by this chapter. The total amount to be assessed shall be apportioned annually in accordance with a schedule, sufficient to produce an amount not to exceed five hundred thousand dollars, adopted by regulation by the board, after notice to interested persons and a public hearing. In establishing such schedule, the board shall reduce the total amount to be assessed by the amount of any other donations, loans, grants, reimbursements, payments or unexpended assessments received, or other funds appropriated to implement the management plan and to carry out the powers and duties conferred by this chapter. Such schedule shall be based on the volume and classification of radioactivity of waste produced by each licensee and registrant which is shipped for disposal off site or stored for later disposal; provided, however, that the board shall make a minimum assessment on all licensees and registrants. Such schedule may further provide for surcharges based on the classification scheme contained in the management plan. Assessments shall be due and payable not less than ninety days after written notice to the person upon whom such assessment is imposed, and shall accrue interest at twelve percent per annum on and after the due date. Failure without just cause to pay any lawful assessment pursuant to this section shall constitute a violation of this section.

(b) The board may, subject to appropriation and by an equitable method established by regulation, refund to persons who have paid an assessment pursuant to this section, the amount by which the assessments, interests and penalties collected in the prior fiscal year pursuant to this section and section four B exceeds the amounts expended by the board, including fringe benefits, for the purposes specified in this section.

(c) The board shall, on or before July first of each year, submit to the governor and the house and senate committees on ways and means, an annual report of the assessments, interest and penalties collected pursuant to this section and section four B for the previous fiscal year. Said annual report shall include a statement of disbursements for that fiscal year from said fund, and any other information the board deems appropriate.

(d) Nothing in this section shall be construed to relieve the board of its duty, pursuant to section four, to prepare and submit to the secretary of administration and finance an estimate of the amount required for the maintenance of the board, or of its duty, pursuant to section nine E of chapter twenty-nine, to notify said secretary and the house and senate committees on ways and means if the appropriation for the implementation of the management plan and to carry out the powers and duties conferred by this chapter will be insufficient to meet all of the expenditures required in the current fiscal year and of the estimated amount of such additional requirements.

(e) No assessment shall be due and payable pursuant to this section after June thirtieth, nineteen hundred and ninety-three, unless the board has submitted the schedule of assessments it has adopted to the house and senate committees on ways and means at least ninety days prior to sending any notice of such assessment pursuant to this section.

Section 4B. (a) If the board finds, after notice of any violation of section four A and an opportunity for a hearing have been provided, that any person is not in compliance with any requirement of section four A, or with any provision of any regulation adopted thereunder, it may assess civil penalties in an amount determined pursuant to this section. Such civil penalty may be imposed whether or not the violation was willful. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation; the actual and potential cost to the commonwealth of collecting the assessment and penalty to enforce such requirement; whether the person being assessed the civil penalty did everything reasonable to pay the assessment, and to pay promptly after a notice of violation was issued; whether the person being assessed the civil penalty has previously failed to comply with any requirement of section four A, or with any provision of any regulation adopted thereunder; the financial condition of the person being assessed the civil penalty. The board shall also consider the goals of making compliance less costly than noncompliance, deterring future noncompliance, and the public interest.

(b) In addition to assessing civil penalties under this section, the board may request the attorney general to bring an action in the superior court to compel payment of assessments and penalties and immediate and full compliance with any order issued by the board. The expense of the proceedings shall be recoverable from the violator in such manner as provided by law.

SECTION 167. Section 4 of chapter 117 of the General Laws is hereby amended by adding the following paragraph:-

A person who is not either (a) a citizen or (b) lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law shall not be eligible for assistance under the provisions of this chapter. The provisions of this section shall not apply to otherwise eligible minor children, pregnant women, caretakers of minor children, persons who are handicapped as defined in chapter one hundred and fifty-one B of the General Laws, or persons sixty-five years of age or older. The provisions of this section shall not apply to persons for whom costs incurred pursuant to the provisions of this chapter are fully reimbursed by the federal government. For the purposes of this section, an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law shall include any alien who is lawfully present in the United States as a result of the application of the following provisions of the Immigration and Nationality Act:

(1) Section 201(c), in effect after March first, nineteen hundred and eighty - Aliens admitted as Refugees;

(2) Section 203(a)(1), in effect prior to April first, nineteen hundred and eighty - Individuals who were granted status as Conditional Entrant Refugees;

(3) Section 208 - Aliens granted Political Asylum by the Attorney General;

(4) Section 212(d)(5) - Aliens granted Temporary Parole Status by the Attorney General; and shall also include

(5) Any alien granted lawful temporary resident status pursuant to section 201 or 302 of the Immigration Reform and Control Act of 1986 (Pub. Law 99-603) who must be either:-

(a) A Cuban or Haitian entrant as defined in paragraph (1) or (2) (A) of Section 501(e) of Pub. Law 96-422, as in effect on April first, nineteen hundred and eighty-three, or

(b) An applicant for general relief who is not a Cuban or Haitian entrant applicant under clause (l) who was adjusted to lawful temporary resident status more than five years prior to application.

(6) Any alien granted temporary protected status pursuant to sections 302 or 303 of the Immigration Act of 1990 (Pub. Law 101-649).

SECTION 168. Said first paragraph of said section 2 of said chapter 118, as so appearing, is hereby further amended by striking out, in line 10, the words "of application thereof" and inserting in place thereof the words:- on which the applicant is determined to be eligible or thirty days from the receipt of a signed and completed application form, whichever is earlier.

SECTION 169. Section 3 of said chapter 118, as so appearing, is hereby amended by striking out, in lines 23 to 25, inclusive, the words "and that all families found eligible for assistance shall receive benefits retroactive to the date of application".

SECTION 170. Chapter 118E of the General Laws is hereby amended by striking out section 1, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 1. There is hereby established, pursuant to and in conformity with the provisions of Title XIX, a program of medical care and assistance for certain residents of the commonwealth.

The benefits of said program shall be available to all persons eligible for financial assistance under the provisions of chapter one hundred and eighteen and Title IV of the Social Security Act and to all persons who are eligible for supplemental security income payments on account of age or disability under the provisions of Title XVI of said Social Security Act or for assistance under the provisions of chapter one hundred and eighteen A. Said benefits may also be made available to other persons who would be eligible for financial assistance under any of the foregoing provisions but for income or resources; provided that said persons meet the financial eligibility requirements of Title XIX.

SECTION 171. Section 1A of said chapter 118E, as so appearing, is hereby amended by adding the following paragraph:-

The department shall, to the extent permitted by Title XIX, provide for medical assistance in the form of ambulatory care to pregnant women who are presumptively eligible for medical assistance for the period of time prescribed by federal law. The department shall promulgate regulations to implement this section, which shall require health care providers to notify such pregnant women of the need to file an application for medical assistance and which shall set standards to be used by providers in determining presumptive eligibility.

SECTION 172. Section one B of said chapter one hundred and eighteen E is hereby repealed.

SECTION 173. Section 2 of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by striking out paragraph (h) and inserting in place thereof the following:-

(h) "Secretary", the secretary of the United States Department of Health and Human Services.

SECTION 174. Said section 2 of said chapter 118E, as so appearing, is hereby further amended by adding the following paragraph:-

(i) "Title XIX", Title XIX of the Social Security Act, 42 USC 1396, et. seq.

SECTION 175. The first paragraph of section 4 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 10, the words "allowance of federal grants-in-aid" and inserting in place thereof the words:- availability of federal financial participation.

SECTION 176. Section five of said chapter one hundred and eighteen E is hereby repealed.

SECTION 177. Said chapter 118E is hereby further amended by striking out section 6, as most recently amended by section 294 of chapter 150 of the acts of 1990, and inserting in place thereof the following section:-

Section 6. The department shall provide financial assistance for such medical care or services as Title XIX and regulations adopted thereunder by the secretary require. The department may provide financial assistance for such additional medical care or services as Title XIX and said regulations permit.

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 and Title XIX. Such rules and regulations may include appropriate limitations on care and services based on such criteria as medical necessity or utilization control procedures.

The department shall develop regulations and procedures requiring a recipient of medical assistance under this chapter 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.

Any person who is eligible for assistance under the provisions of this chapter who is not maintaining his own home and who is receiving care in a licensed nursing home, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first sixty dollars of monthly income for clothing, personal needs allowance, and leisure time activities. If there is no such income, or if such income is less than sixty dollars, the recipient shall be paid, in advance, the difference between such income and sixty dollars.

The department shall provide by regulation that personal laundry costs shall not be charged to the amount retained by or paid to the recipient pursuant to this section. Personal laundry costs shall be reimbursed through rates paid to such institutions.

SECTION 178. Section 7 of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by striking out the first two paragraphs and inserting in place thereof the following two paragraphs:-

The department shall establish methods of approving services to be performed as a prerequisite to extending medical assistance. Said methods of prior approval may include, but need not be limited to: (1) in the case of restorative dentistry, or dentures, examination of proposed recipients or of diagnostic information regarding proposed recipients by dental consultants of the department; (2) in the case of orthodontic services, procedures which assure that medical assistance will be provided only for severe handicapping malocclusions; and (3) in the case of transportation to obtain medical care, a statement from the attending physician certifying that such transportation is necessary due to a physical disability.

Assistance under this chapter for nursing services for persons twenty years of age or under may be available only after a medical review team under the supervision or with the, approval of the department of public health, in cooperation with the departments of mental health, mental retardation and public welfare, approves such services for such persons. The department of public health, in cooperation with said other departments, shall promulgate rules and regulations for such services, and any person or facility offering such services shall receive prior certification from the department of public health.

SECTION 179. Section 8 of said chapter 118E, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

An institution furnishing medical assistance under this chapter shall have the right to make such application on behalf of an individual only if, and to the extent, provided by regulations of the department.

SECTION 180. Said chapter 118E is hereby further amended by striking out section 91, as so appearing, and inserting in place thereof the following section:-

Section 9. Upon receipt of such application, the department shall make full inquiry concerning the eligibility of the applicant, his need for medical assistance and his resources and income, if any, and, shall make its decision, (1) within ninety days after receipt of such application for applicants who apply for medical assistance on the basis of a disability and (2) within forty-five days after receipt of such application for all other persons. At the time of such initial decision, and in the event of any subsequent decision, the applicant or recipient shall be notified in writing of such decision and shall be informed of the reason therefor and of his right to appeal and of the method by which he may appeal under this chapter.

The department may enter into an agreement with the secretary, or with any federal or private agency, whereby the secretary or agency shall determine on behalf of the department the eligibility for assistance under this chapter of all or certain applicants for such assistance.

SECTION 181. Said chapter 118E is hereby amended by striking out section 10L, as recently amended by section 28 of chapter 6 of the acts of 1991, and inserting in place thereof the following section:-

Section 10. The following income and resources shall be exempt and shall neither be taken into consideration nor, except as permitted under Title XIX, required to be applied toward the payment or part payment of the cost of medical assistance available under this chapter:-

(1) Monthly income in an amount not exceeding the level of the minimum dollar amount required under Title XIX;

(2) ownership of one's residence, including furniture, which is essential and appropriate to the needs of the household except as permitted by section 1902 (a) (10) (C) of Title XIX. In the case of an applicant or recipient for whom a medical determination has been made, after notice and opportunity for an appeal and hearing, that he or she cannot reasonably be expected to return to live in the residence, the residence will be considered a countable asset unless:-

(A) the department determines that counting the residence as an asset would cause undue hardship; or

(B) any one of the following persons continue or would continue to reside therein: (i) the applicant or recipient's spouse; or (ii) a child of the applicant or recipient who is under twenty-one years of age or who is blind or permanently disabled; or (iii) a sibling of the applicant or recipient who has an equity interest in the home and who was residing there for a period of at least one year immediately before the date of the applicant's admission to the medical institution; or (iv) a son or daughter of the applicant or recipient who was residing in the applicant or recipient's home for a period of at least two years immediately before the date of the applicant's admission to the medical institution, and who establishes to the satisfaction of the department that he or she provided care to the applicant which permitted the applicant to reside at the home rather than in an institution; or

(C) the applicant or recipient has obtained long term care insurance whose coverage meets the requirements of 211 C.M.R. 65.00.

In the case of an applicant or recipient for whom such a medical determination has been made under this subsection, the department shall continue to consider the residence as a noncountable asset for a period of not less than three months following such medical determination in order that the applicant or recipient may make funds available for his or her medical needs based on his or her equity interest in such residence.

(3) personal property in an amount not exceeding the minimum resource requirement required under Title XIX;

(4) cemetery plots purchased for the use of the applicant or recipient of assistance;

(5) funds not to exceed the minimum amount required under Title XIX deposited in a trust account and so reserved for the payment of funeral and burial expenses of the applicant or recipient of assistance including, but not limited to, the purchase of a plot, the opening of the grave, the fee for religious services, and the monument inscription; the cash surrender value of burial insurance, so called, or prepaid irrevocable burial contracts, so called.

In any case where the monthly income of a recipient or beneficiary is in excess of the exemptions allowed, the recipient or beneficiary, if otherwise eligible for medical assistance under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided.

In determining responsibility of any individual for any applicant or recipient of assistance under this chapter, such responsibility shall be limited to a person for his spouse and parents for children under the age of eighteen. The income and assets of any applicant for medical assistance under eighteen years of age who lives with his parent shall be deemed to include the income and assets of the parent of such applicant. The income and assets of any applicant for medical assistance under eighteen years of age who does not live with his parents shall include only the income and assets that are actually contributed to the applicant by the parent.

Notwithstanding the first paragraph of this section, the department may require recipients of medical assistance to pay enrollment fees, premiums, deductibles, coinsurance, copayments or similar cost sharing charges as participants in managed care plans implemented by the department; provided that any waivers of Title XIX provisions regarding such recipient cost sharing are obtained from the secretary in conjunction with any other federal approvals and waivers necessary to implement said managed care plans; provided further, that in the absence of such managed care plans, the department shall require, to the extent permitted by Title XIX, that recipients, if eligible for such benefits, be liable for a copayment of not more than fifty cents toward the purchase of each pharmaceutical product, including prescription drugs and over-the-counter drugs, and to require the copayment of three dollars for the use of emergency room services in acute care hospitals for the treatment of nonemergency conditions.

SECTION 182. Section ten A of said chapter one hundred and eighteen E is hereby repealed.

SECTION 183. Section 14 of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- Payment shall be made to the person or institution supplying medical services.

SECTION 184. Section fifteen of said chapter one hundred and eighteen E is hereby repealed.

SECTION 185. Section 20 of said chapter 118E, as appearing in the 1988 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

The department may also promulgate regulations which establish procedures for providers to appeal erroneous denials by the department of a provider's claim for payment under this chapter. Such procedures may (1) provide for disposition of such appeal by a board comprised of department personnel with expertise in claims processing; (2) provide for summary disposition of such appeal based on a review of written submissions; and (3) require that such appeals be filed with the department within thirty days, or some other time period specified by the department, after the date that the department notifies the provider of the final denial of the claim for payment. The provider's right to payment under this chapter shall be extinguished if the provider fails to file an appeal within the time prescribed by the department.

SECTION 186. Said section 20 of said chapter 118E, as so appearing, is hereby amended by striking out the fourth paragraph.

SECTION 187. Said chapter 118E is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-

Section 22. Any applicant for medical assistance, or the legal representative of such applicant or recipient, aggrieved by the failure of the department to grant medical assistance or by the failure of the department to approve or reject an application within the time limits established by section nine or by the withdrawal of such assistance shall have a right to a hearing, after due notice, upon appeal to the department in the manner and form prescribed by the department; provided, however, such appeal is received by the department within thirty days after official notice of the action taken by the department has been received by the applicant or recipient. Such hearing shall be conducted by the commissioner of public welfare or a referee designated by the commissioner. The commissioner or his referee is hereby empowered to subpoena witnesses, administer oaths, take testimony and secure the production of such books, papers, records and documents as may be relevant to such hearings. The decision of the commissioner, or of his referee designated to conduct the hearing, shall be the decision of the department. Such appeals, hearings, and decisions shall be subject to the provisions of section sixteen of chapter eighteen.

The department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of medical assistance and the amount of such assistance to be granted as in its opinion is justified and in conformity with the provisions of this chapter. Applicants or recipients affected by such decisions of the department shall, upon request, be given reasonable notice and opportunity for a hearing by the department. The provisions relating to the conduct of hearings and decisions thereon made, as provided in this section, shall be equally applicable in all cases wherein the department acts upon its own motion.

The commissioner, or the referee designated by the commissioner, shall render and issue his decision within ninety days after the date of the filing of the appeal by the aggrieved applicant, or legal representative of an applicant. The commissioner, but not his designee, may for good cause shown, direct only the director of the division of hearings to conduct a rehearing of the appeal. An order to conduct a rehearing shall not be construed as indicating or implying any position by the commissioner on the merits of the appeal. The director shall send seven days' written notice to all parties, including the date, time and place of such rehearing, which shall be held at a location convenient to the person appealing, and after such rehearing the director may, not later than thirty days after the order to conduct a rehearing, issue a superseding decision.

SECTION 188. Section 15 of chapter 118F of the General Laws, as amended by section 35 of chapter 6 of the acts of 1991, is hereby further amended by striking out subdivision (1) and inserting in place thereof the following subdivision:-

(1) The department shall administer an uncompensated care pool consisting of the revenues produced by the uniform statewide allowance for uncompensated care included in gross patient service revenues of acute hospitals pursuant to section eighty-three of chapter six A.

SECTION 189. Section 19 of said chapter 118F of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking, in line 4, the word "ninety-two", and inserting in place thereof the word:- ninety-five.

SECTION 190. Said section 19 of said chapter 118F, as so appearing, is hereby further amended in subdivision (9) by striking, in lines 66 and 70, in each instance, the word "ninety-two", and inserting in place thereof, in each instance, the word:- ninety-five.

SECTION 191. Section 34 of chapter 121B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the thirteenth paragraph, in lines 211 through 229, and inserting in place thereof the following paragraph:-

Notwithstanding any of the provisions of sections thirty-five through thirty-seven, inclusive, any housing authority having a contract for state financial assistance, may, with respect to any project developed hereunder, and in accordance with the provisions of sections fourteen and thirty, contract with the federal government for financial assistance in accordance with the provisions of federal legislation. Commencing with the first of January, nineteen hundred and eighty-seven, housing authorities which have received federal financial assistance shall satisfy the requirements of the Single Audit Act of 1984, 31 USC 7501 et seq. by causing audits of their records to be made annually or biennially by the state auditor or an independent auditor to be selected by such housing authorities to conduct such audits. Said audits shall be made in accordance with generally accepted government auditing standards as well as standards prescribed by the office of the state auditor. Housing authorities acting under the requirements of this section shall submit said audited financial statements to the office of the state auditor for his notice and approval; provided, that all independent audits conducted in accordance with the aforementioned requirements and standards shall be deemed to meet the approval of the state auditor.

SECTION 192. Section 1 of chapter 132A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking said section and inserting in place thereof the following section:-

Section 1. The commissioner of the department of environmental management, hereinafter referred to in this chapter as the commissioner, may receive and hold in trust on behalf of the commonwealth, exempt from taxation, bequests, restitutions or gifts to be used for the purpose of advancing the recreational and conservation interests of the commonwealth and shall administer the same in such manner as to carry out the terms of such bequests, restitutions or gifts, and he may accept on behalf of the commonwealth gifts of land outside the metropolitan park district to be held and managed for recreational and conservation purposes.

Said trust properties shall be known as the Conservation Trust and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the term of such grant, restitution, gift, devise or bequest, the commissioner may expend such funds, whether principal or income, without further appropriation.

SECTION 193. The fourth paragraph of section 12 of chapter 138 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking the first sentence and inserting in place thereof the following sentence:-

The local licensing authorities may determine in the first instance, when originally issuing and upon each annual renewal of licenses under this section, the amount of the license fee, for a tavern license or for any other license under this section for the sale of all alcoholic beverages, or for any other license under this section for the sale of wines and malt beverages, and provided that nothing herein shall prevent such authorities from establishing license fees differing in amounts within the limitations aforesaid for restaurant licenses authorizing such sale on secular days only.

SECTION 194. Said section 12 of said chapter 138, as so appearing, is hereby further amended by striking, in paragraph twelve, the words "and shall not be less than five hundred dollars nor more than twenty-five hundred dollars".

SECTION 195. The second paragraph of section 15 of said chapter one hundred and thirty-eight, as appearing in the 1990 Official Edition, is hereby amended by striking the second sentence and by inserting in place thereof the following sentence:- The local licensing authorities may determine in the first instance when originally issuing and upon each annual renewal of licenses under this section, the amount of the license fee.

SECTION 196. Section 30A of said chapter 138, as appearing in the 1990 Official Edition, is hereby amended by striking the last sentence thereof.

SECTION 197. Section 19D of chapter 161A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

After a reasonable period of mediation, not to exceed forty-five days from the date of appointment, said mediator shall issue a report indicating the results of his services in resolving the impasse. If at the conclusion of mediation the impasse still exists, the mediator shall so certify. In the event, the mediator shall certify in his report the last best offer of each party on each unresolved issue which has been submitted to mediation and shall also certify the agreement of the parties on each issue on which agreement has been reached and shall submit such certifications to the arbitrator selected by the parties. In such event, so long as the mediator shall also certify that the parties have bargained in good faith, either party may notify the other that it desires arbitration of the dispute. Within ten days of said notice, the parties shall meet to select a single neutral arbitrator. If, within fifteen days, the parties fail to select such single arbitrator, either party may forthwith petition the board of conciliation and arbitration to request a list of five arbitrators from the American Arbitration Association and said Association shall certify to the board that such arbitrators on the list it provides possess the qualifications as provided in section nineteen E. The parties shall thereupon meet to select such arbitrator by striking one name each until one name remains and that person shall serve as the neutral arbitrator. If, after ten days, one of the parties declines to strike their names, the other party shall strike two names and the board shall forthwith select the arbitrator from the remaining three names.

SECTION 198. Section 19G of said chapter 161A, as most recently amended, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The arbitrator shall be limited in making his award to choosing between the last best offers of the parties on each issue as certified in the mediator's report or any award in the range between the last best offers of the parties. The arbitrator shall make no award on any issue found by him to be not authorized by law to be submitted to arbitration, but shall state such finding in his written opinion. Within thirty calendar days of an award, the arbitrator shall issue a written opinion inclusive of an analysis of all statutory factors applicable to the proceedings. Any determination by the arbitrator, if supported by material and substantial evidence on the record, shall be binding upon the parties and upon the appropriate legislative or appropriating body and may be enforced at the insistence of either party or by the arbitrator in the superior court. The scope of arbitration shall be limited to wages, hours, and conditions of employment and shall not include any provisions for any cost of living adjustment which are based on changes in the Consumer Price Index after the expiration of the contract period covered by the award. In addition, any wage or salary adjustments shall be expressed in percent or dollar amounts, and in no case shall there by any provision for salary adjustments to occur after the expiration of the contract period covered by the award.

SECTION 199. Said chapter 161A, is hereby amended by striking out section 19J, inserted by section 101 of said chapter 653, and inserting in place thereof the following section:-

Section 19J. Notwithstanding the provisions of any general or special law to the contrary, each employee in a plan for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self-insurance plan or preferred provider arrangement plan of the authority shall contribute to the total monthly premium or rate applicable to said coverages not less than the current employee share of monthly premium or rate established pursuant to the provisions of section eight of chapter thirty-two A; provided, however, that nothing in this section shall preclude the parties to a collective bargaining agreement under this chapter which provides that such employees shall pay a percent share of such premium cost or rate which is higher than the rate established in section eight of chapter thirty-two A; provided, further, that no employee's health insurance contributions shall be reduced by this section.

SECTION 200. Clause (d) of section 6 of chapter 161B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "authority", in line 17, the words:- ; provided, further, that for policies of group life insurance and accidental death and dismemberment insurance, and group health insurance purchased by such authority, all active employees and their dependents of such authority shall contribute to the total monthly premium or rate applicable to said coverages at not less than the current employee share of monthly premium or rate established pursuant to the provisions of section eight of chapter thirty-two A.

SECTION 201. Section 69H of chapter 164 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in the sixth paragraph, by striking out, in line 103, the word "fifteen" and inserting in place thereof the following:- twenty-two.

SECTION 202. The commissioner of insurance is hereby authorized and directed to prepare a report on mandated health care benefits and provider services required to be offered by carriers offering accident and health coverage in the commonwealth pursuant to chapters one hundred seventy-five, one hundred seventy-six A, one hundred seventy-six B and one hundred seventy-six G of the General Laws. Said report shall examine the cost impacts of each such mandated benefit and provider service on insurance premiums and total costs and savings of such mandates for the health care delivery system. Said report shall further examine alternatives to the required offering of such benefits and providers, including the effects of requiring the coverage of more cost-effective benefits and providers and the feasibility and affordability of allowing the sale of policies that do not cover such benefits and providers on a mandatory basis. Said report shall further consider the impact of such mandated benefits and providers on self-insurance trends and consumer access to basic health services. The commissioner shall file said report, accompanied by legislation necessary to implement such changes as recommended, if any, to said requirements in the General Laws, with the clerk of the house of representatives and the clerk of the senate on or before November first, nineteen hundred and ninety-one.

SECTION 203. Chapter 176A of the General Laws is hereby amended by inserting after section 1A the following section:-

Section 1B. A nonprofit hospital service corporation governed by this chapter shall offer medicare supplemental group coverage to that group of medical assistance recipients designated from time to time by the department of public welfare. Such coverage shall be provided at a rate based on the projected experience of said group of recipients.

SECTION 204. Chapter 176B of the General Laws is hereby amended by inserting after section 7A the following section:-

Section 7B. A medical service corporation governed by this chapter shall offer medicare supplemental group coverage to that group of medical assistance recipients designated from time to time by the department of public welfare. Such coverage shall be provided at a rate based on the projected experience of said group of recipients.

SECTION 205. Section 2A of chapter 211D of the General Laws, as amended by section 330 of chapter 150 of the acts of 1990, is hereby further amended by inserting before the first paragraph thereof the following paragraph:-

Notwithstanding any other provision of law, a criminal defendant charged with a misdemeanor or a violation of a municipal ordinance or bylaw need not be appointed counsel if the judge, at arraignment, informs such defendant on the record that, if the defendant is convicted of such offense, his sentence will not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.

SECTION 206. Section 37 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11, 12, and in line 13, the words "one hundred and fifty" and inserting in place thereof, in each instance, the words:- two hundred.

SECTION 207. Section 37 of said chapter 221, as so appearing, is hereby further amended by striking out in line 16 the word "four" and inserting in place thereof the word "five".

SECTION 208. Section 6 of said chapter 258B, as appearing in the 1990 Official Edition, is hereby amended in line 2, by inserting after the word "board" the words:- , the secretary of administration and finance, and the house and senate committees on ways and means,.

SECTION 209. The first paragraph of section 8 of said chapter 258B, as most recently amended by section 341A of chapter 150 of the acts of 1990, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The court, including the clerk-magistrate, or the registrar of motor vehicles shall impose an assessment of thirty dollars against any violator who fails to pay the scheduled civil assessment for a civil motor vehicle infraction or to request a noncriminal hearing within the twenty day period provided for in subsection (A) of section three of chapter ninety C, except where the person is required by law to exercise the right to pay before a justice.

SECTION 210. The second paragraph of said section 8 of said chapter 258B, as appearing in the 1988 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- All such assessments made shall be collected by the court or by the registrar, as the case may be, and shall be transmitted monthly to the state treasurer.

SECTION 211. Chapter 279 of the General Laws is hereby amended by striking out section 42, as so appearing, and inserting in place thereof the following section:-

Section 42. If judgment is rendered against a corporation upon an indictment or complaint under the laws of the commonwealth, the court may issue a warrant of distress to compel payment of the penalty or assessment, as the case may be, as prescribed by law, together with interest thereon if so ordered by the court.

If the records of the registrar of motor vehicles indicate that a corporation has failed to pay an assessment for a civil motor vehicle infraction as provided in section three of chapter ninety C, the registrar may issue a warrant of distress to compel payment of the assessment, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar.

SECTION 212. Section 9 of said chapter 258B, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The proceeds of the fund shall be made available, subject to appropriation, to the district attorney victim and witness programs, to the attorney general and the parole board for programs serving crime victims and witnesses, and to the treasurer for the compensation of victims of violent crimes as provided by chapter two hundred and fifty-eight A.

SECTION 213. The second paragraph of section 64 of chapter 273 of the acts of 1988 is hereby further amended by inserting after the word "ninety-one", as inserted by section 186 of chapter 150 of the acts of 1990, the words:- and nineteen hundred and ninety-two.

SECTION 214. Section 6 of said chapter 280, as so appearing, is hereby amended by inserting after the word "him", in line 6, the words:- ; provided, further, that the court may, after hearing, impose reasonable costs to recover any and all expenses of the prosecution if a default is entered when a defendant fails to appear in court when required to answer a criminal charge.

SECTION 215. Section 82 of chapter 6 of the Acts of 1991 is hereby amended by striking out the second and third paragraph and inserting in place thereof the following:-

Notwithstanding any general or special law to the contrary, the several counties within the aforementioned schools shall as a first obligation of said counties expend monies at the same level as fiscal year nineteen hundred and ninety-one for direct and indirect costs of said schools and shall not be obligated expend more than the fiscal year nineteen hundred and ninety-one levels. Provided further, that the Board of Trustees of several Agricultural Schools may charge tuition in excess of the state approved rate for out of district students in proportion to the appropriation approved in excess of the mandatory appropriation mentioned in this section. The aforementioned Board of Trustees are further hereby authorized to charge tuition for in-direct students to the sending municipality for an amount which shall be no greater than the net difference between the total direct and indirect costs per student and the state approved rate.

Any appropriation not spent or obligated in a fiscal year shall be deemed to be appropriated in the succeeding fiscal year. For the purpose of the section, indirect costs shall include but not be limited to: health insurance for employees, liability insurance, pension costs, interest and reduction of debt, unemployment and workman's compensation costs.

SECTION 216. Paragraph (a) of section 15 of chapter 275 of the acts of 1989 is hereby amended by striking out in the first sentence the word "adopted" and inserting in place thereof the words:- agreed to adopt.

SECTION 217. Section 18 of said chapter 275 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Payments on such grants shall be made on behalf of the local governmental unit to the water pollution abatement trust established by chapter twenty-nine C of the General Laws in accordance with section eight of said chapter twenty-nine C and a payment schedule established by the department with the approval of the secretary of administration and finance and shall be deemed appropriated by the commonwealth to the trust within the meaning of said section eight for application to the purposes specified in section six of said chapter twenty-nine C.

SECTION 218. Notwithstanding paragraph (a) of section 19 of said chapter 275; any percentage limitation on the amount of loans under chapter twenty-nine C of the General Laws that may be received in any fiscal year by any local government unit shall compare the amount of loans to such local government unit approved in such fiscal year by the department of environmental protection in accordance with section twenty-seven A of chapter twenty-one of the General Laws against the total financial assistance authorized for all local government units on the fundable portions of the intended use plans and priority lists for such fiscal year prepared by the department in accordance with said section twenty-seven A.

SECTION 219. Section 4 of chapter 268 of the acts of 1990 is hereby amended by striking out, in line 1, the words "The Treasurer shall publish by July 15" and inserting in place thereof the words:- The state comptroller shall publish by September first.

SECTION 220. Section 5 of said chapter 268 of the acts of 1990 is hereby amended by striking, in the first line, the number "1991" and inserting in place thereof the following:- nineteen hundred and ninety-two.

SECTION 221. The caption of Soldiers' Homes in Chelsea and Holyoke in section 46 of chapter 150 of the acts of 1990 is hereby amended by striking out the wording and inserting in place thereof the following:-

Hospital Care - Patients

monthly maximum charge of $620 $20 per day

The first $1,000 of a married patient's monthly income shall be exempt and spousal income shall not be used in payment of these charges.

The first $200 of an unmarried patient's monthly income shall be exempt.

Dormitory Care - Residents

monthly maximum charge of $310 $10 per day

The first $200 of a resident's monthly income shall be exempt.

SECTION 222. Section 79 of chapter 23 of the acts of 1988 is hereby amended by striking out in the second sentence, in line 6, the word "ninety-two", and inserting in place thereof the word:- ninety-five.

SECTION 223. Section eleven of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four is hereby repealed.

SECTION 224. Notwithstanding the provisions of any general or special law to the contrary, expenses incurred by the residential conservation service program, within the division of energy resources, to a maximum of one hundred ninety-two thousand, two hundred and ten dollars, plus the cost of fringe benefits as calculated by the secretary of administration and finance pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies of the commonwealth in accordance with the provisions of chapter twenty-five A.

SECTION 225. Section two hundred and sixteen of this act shall be applicable to taxable years commencing on or after January first, nineteen hundred and ninety-one, and section two hundred and eighteen shall be applicable to taxable years commencing on or after January first, nineteen hundred and ninety-two.

SECTION 226. The provisions of sections two hundred and fifty-one, two hundred and fifty-four, two hundred and fifty-four A, two hundred and fifty-six to two hundred and sixty, inclusive, three hundred and seventy-six, three hundred and seventy-seven, and three hundred and seventy-seven A shall become effective January first, nineteen hundred and ninety-two.

Any citation issued prior to the effective date of the aforementioned sections of this act which charges only civil motor vehicle infractions and as to which the violator has failed within twenty days of the date of the violation either to pay the scheduled assessment or to notify the clerk-magistrate of the court that he wishes to contest the violation in a noncriminal hearing shall be transmitted to the registrar with a certificate thereof, and thereafter processed by the registrar in accordance with the provisions of the aforementioned sections of this act.

SECTION 227. 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 and seek any necessary waivers from federal authorities, such that prospective recipients of general relief or aid for families with dependent children, who have not been a resident of the commonwealth for the immediate preceding six months, not receive any of the aforementioned benefits that would exceed those offered under the recipient's previous program in any other jurisdiction or, if the recipient has not previously received benefits in another jurisdiction and has not been a resident of the commonwealth for the immediate preceding six months, the maximum benefits available to the recipient is equal to the benefits available in the state with the lowest benefit rate until they have been a resident of the commonwealth for a minimum of six months.

SECTION 228. Section 56 of Chapter 44 of the General Laws, as so appearing, is hereby amended in lines 7 to 10 by striking out the following words:- , excepting payment of school teachers' salaries which have been deferred under the provisions of section forty of chapter seventy-one, and expenditures thereof shall be deemed to be as of June thirtieth preceding.

SECTION 229. Section 56A of Chapter 44 of the General Laws, as so appearing, is hereby amended in lines 8 to 11 by striking out the following words:- , excepting payment of school teachers' salaries which have been deferred under the provisions of section forty of chapter seventy-one, and expenditures therefor shall be deemed to be as of June thirtieth preceding.

SECTION 230. The first paragraph of section 40 of chapter 71 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentences:-

The compensation paid to such teachers during the contract year shall be deemed to be fully earned by August thirty-first and shall be proportionately earned during the contract year. Payment of such compensation for July and August shall be accelerated to July second; provided, however, that payments for July and August may be deferred to the end of said months at the election of such teachers; provided, further, that teachers may elect, to receive as an accelerated payment, one-tenth of such compensation each of the ten months from September to June of the contract year; and provided, however, that teachers so receiving accelerated payments shall receive one-twentieth of such compensation on July second. Compensation shall be treated as expenditures for the fiscal year in which the compensation is paid.

SECTION 231. Notwithstanding the provisions of section forty of chapter seventy-one of the General Laws or any other general or special law to the contrary, for the contract year beginning on September first of nineteen hundred and ninety-one and ending on August thirty-first of nineteen hundred and ninety-two, payments to teachers for compensation earned between the months of September and July of said contract year must be made on or before the last day of June, nineteen hundred and ninety-two; provided further, that payments for compensation earned for the month of August of said contract year must be made on or before July second, nineteen hundred and ninety-two; provided, however, that the teachers may elect to receive such payments after such dates; and provided, further, that teachers that receive one-tenth of their salaries each month from September to June during said contract year shall have one-twentieth of their salaries paid on July second, nineteen hundred and ninety-two.

Notwithstanding the provisions of any general or special law to the contrary, for the contract year beginning on September first of nineteen hundred and ninety-one and ending on August thirty-first of nineteen hundred and ninety-two, and for any subsequent contract year, in such school districts or regional school districts where the manner of compensation described in this section or in section forty of chapter seventy-one would violate collective bargaining agreements in effect as of June fifteenth, nineteen hundred and ninety-one, actual payments shall be made in accordance with the terms of the collective bargaining agreement unless such payments are changed through the collective bargaining process; provided, that any such payments which are made in accordance with such contracts and which deviate from such payments which would otherwise be made pursuant to this section or pursuant to said section forty of said chapter seventy-one, whichever section applies, shall not be considered a budget liability to the school district or regional school district making such payments until July second of nineteen hundred and ninety-two or of any other contract year.

Notwithstanding the provisions of any general or special law to the contrary, for fiscal year nineteen hundred and ninety-two, the school committee of each regional school shall, by August first, nineteen hundred and ninety-one, reduce the budget of each regional school to reflect the reduction in expenditures that result from the provisions of said section forty of said chapter seventy-one as amended by this act or from this section, shall not increase any other expenditures of such regional school, and shall proportionately reduce the assessments on the member cities and towns of the regional school district.

Notwithstanding the provisions of any general or special law to the contrary, for fiscal year nineteen hundred and ninety-two, any amount of reduction in expenditures for the budget of a city or town that results from the provisions of said section forty of said chapter seventy-one as amended by this act or from this section, including reductions in regional school assessments, if any, shall not be used to increase any other expenditures of such budgets and the budget for every city and town shall be reduced by the amount of reduction in teachers' salary payments that result from the provisions of said section forty of said chapter seventy-one as amended by this act or from this section, including reductions in regional school assessments, if any. In order to reduce such budgets, the school superintendent in each city and town is hereby authorized and directed to calculate the amount of the reduction in teachers' salaries and to report the amount of such reduction to the town accountant, or to the city auditor, or to any other municipal official with authority over the municipal budget, whichever is appropriate. Such municipal official shall forthwith reduce the budget by such amount and by an amount equal to the reduction in regional school assessments, if any.

Notwithstanding the foregoing provisions of this section or the provisions of said section forty of said chapter seventy-one or any other general or special law to the contrary, for fiscal year nineteen hundred and ninety-two, the legislative body in a city or town may vote to reject the provisions of this section and of the fifth sentence of said section forty of said chapter seventy-one as amended by this act if such legislative body chooses not to change the allocation between fiscal years of expenditures of teachers' salaries as provided for in said sections.

SECTION 232. Notwithstanding any general or special law, rule or regulation to the contrary, no city or town shall be required, in the absence of specific violations of chapter one hundred and fifty-one B or one hundred and fifty-one C, to report more than once annually to the Massachusetts commission against discrimination.

SECTION 233. The commissioner of public welfare is hereby directed to compile a list of the top one thousand utilizers and providers of the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws as determined by the dollar amount of the benefits used by recipients and the dollar amount of reimbursements made to providers for the fiscal year ending June thirtieth, nineteen hundred and ninety-one. The commissioner is further directed to conduct a study of this data, including said recipients' relevant medical histories, to the extent reasonably possible, which shall be filed with the house and senate committees on ways and means no later than November first, nineteen hundred and ninety-one. Such study shall include, but not be limited to, identification of patterns of inappropriate use, possible fraud, and the use of services in a way that is clearly not cost efficient. Said study shall also include a breakdown of the total dollar amount of benefits used by each recipient and the amount of money reimbursed to each provider in each year, listed by the category of medical care or services provided. The commissioner shall make recommendations for methods of reducing overutilization and inappropriate use as discovered by such study.

SECTION 234. Chapter 58 of the General Laws is hereby amended by inserting after section 17B the following section:-

Section 17C. A Forest Products Trust Fund shall be established on the books of the commonwealth. This fund shall be used to disburse payments to cities and towns within whose boundaries exist state owned forest land. The commissioner of the department of environmental management with the approval of the secretary of environmental affairs shall develop forest management plans for all forest land owned by the commonwealth, its agencies, commissions or authorities, with the exception of land owned by the metropolitan district commission and the Massachusetts Water Resources Authority.

(a) Fifty percent of all revenue received by the removal of forest products on land acquired by the commonwealth on or after June 1, 1987 shall be deposited in the Forest Products Trust Fund. Such funds shall be dispersed to those municipalities within whose boundaries the removal of forest products occurs in an amount equal to fifty percent of the revenue received by the commonwealth.

(b) Eight percent of all revenue received by the removal of forest products on land acquired by the commonwealth before June 1, 1987 shall be deposited in the Forest Products Trust Fund. Such funds shall be dispersed to those municipalities within whose boundaries the removal of forest products occurs in an amount equal to eight percent of the revenue received by the commonwealth.

SECTION 235. Section 52A of chapter 93 of the General Laws, as appearing in the 1990 Official Edition, is amended by adding prior to the first sentence the words "Upon direction of the commissioner of the Department of Revenue, or" and by striking out the words "one thousand" wherever they appear and inserting in place thereof the words "five hundred".

SECTION 236. Chapter 17 of the General Laws is hereby amended by adding the following section:-

Section 16. There shall be in the department an office of violence prevention whose purpose shall be to coordinate and expand violence prevention activities, to reduce the incidences of interpersonal violence and intentional injury.

The duties of said office shall consist of the following:

(1) To integrate a violence prevention focus within the department of public health and those agencies which receive funding from the department;

(2) To develop collaborative relationships with other state agencies which are interested or active in the reduction of interpersonal violence including child abuse, youth violence, domestic violence, sexual assault and elderly abuse;

(3) To integrate violence prevention education into substance use and abuse prevention programs;

(4) To support the development of comprehensive community-based violence prevention initiatives within cities and towns across the state; and

(5) To develop sources of funding to maintain the office and expand its activities.

SECTION 237. By September first, nineteen hundred and ninety-one, the department of public health and the department of public welfare shall develop a simplified, one page application for pregnant women that shall suffice to determine financial and categorical eligibility for both healthy start, established under section twenty-four D of chapter one hundred and eleven of the General Laws, and federal coverage of emergency services, including labor and delivery, under Section 9406 of the federal Omnibus Budget Reconciliation Act of 1986, amending Title XIX of the Social Security Act 42, U.S.C. 1396, et seq. The department of public health, the department of public welfare and the department of medical security shall take all necessary steps, including interagency agreements, to obtain full federal financial participation under Title XIX for emergency labor and delivery services, and other emergency services, furnished to healthy start beneficiaries ineligible for non-emergency services under chapter one hundred and eighteen E of the General Laws, and, as provided under Section 4701(b) of the federal Omnibus Budget Reconciliation Act of 1990, to use monies from the uncompensated care pool as the state share of inpatient emergency services under Title XIX. The application process and forms shall be designed to maximize patient participation under this section. Nothing in this section shall be construed to reduce the responsibilities and powers of the department of public health with respect to healthy start beneficiaries. This section shall not be construed or operate so as to reduce the total amount of federal financial participation received in fiscal year nineteen hundred and ninety-two using monies from the uncompensated care pool as the state share of services under Title XIX. To the extent federal financial participation received pursuant to this section during fiscal year nineteen hundred and ninety-two is less than one million dollars, the appropriation for line item 4130-0006 shall be reduced, dollar for dollar.

SECTION 238. The commissioner of insurance is hereby directed to undertake a study of the feasibility of establishing a standardized health insurance billing form to be utilized by all health insurance companies licensed to do business in the commonwealth under chapters one hundred and seventy-five, one hundred and seventy-six A, one hundred and seventy-six B, one hundred and seventy-six G and one hundred and seventy-six I of the general laws. Said study shall include, but not be limited to, an examination of the following: the current billing forms utilized by said insurance companies; the benefit to consumers and savings to the commonwealth, if any, arising from use of a standardized form, and the costs associated with implementation of such standardized forms by insurance companies. Said commissioner shall file a report of the results of its study, and recommendations, if any, together with drafts of legislation necessary to implement said recommendations, with the clerk of the house of representatives, who shall forward the same to the joint committee on insurance no later than February first, nineteen hundred and ninety-two.

SECTION 239. Subsection (1) of section 44A of chapter 149 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

"Proprietary environmental technology systems", systems, in the town of Nantucket, including solid waste related equipment, supporting structures, and buildings, designed, manufactured, and produced under exclusive individual right to sell such product, pertaining to solid waste related environmental protection or remediation. Such systems shall include, but not be limited to, sequential, turnkey, construction management, design/build procurement, and the phasing of such procurement, including approval of design and construction stages as separate or combined phases.

SECTION 240. Section 44A of said chapter 149, as so appearing, is hereby further amended by inserting at the end thereof the following subsection:-

(5)(a) Notwithstanding the provisions of this section or any other general or special law to the contrary, a municipality may enter into a contract for proprietary environmental technology systems as defined in subsection (1) of this section without said contract being subject to the competitive bid process as set forth in sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven; this section and sections forty-four B to forty-four H, inclusive, of this chapter, and section thirty-nine M of chapter thirty; provided that the awarding authority meets the conditions set forth and receives the approvals required in paragraph (b) of this subsection.

(b) Prior to the issuance of any request for proposal with respect to the awarding of any contract pursuant to the provisions of paragraph (a) of this subsection, the awarding authority shall meet or obtain each of the following conditions or required approvals: (1) the municipality shall appoint qualified persons to conduct a thorough review of all available environmental technology, including both proprietary and non-proprietary environmental technology, and if the conclusion of this review is that a contract for proprietary environmental technology systems is in the public interest, such conclusion shall be supported by sound documented reasons in writing available for public inspection; (2) the city council, the board of selectmen, or the town meeting shall take a majority vote finding that it is in the public interest to enter into a contract for proprietary environmental technology systems, as defined in subsection (1) of this section, providing such vote is supported by the conclusion of the review conducted pursuant to condition (1); (3) both the commissioner of labor and industries and the commissioner of the department of environmental protection shall grant written approval; (4) said contract shall be subject to any limitation in the waiver of sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven, sections forty-four A to forty-four H of chapter one and hundred forty-nine, and section thirty-nine M of chapter thirty imposed by either the commissioner of the department of labor and industries or the commissioner of the department of environmental protection as a condition for a grant of approval by said commissioner or commissioners; and (5) every proprietary environmental technology systems contract shall be as compatible with sections thirty-eight A to thirty-eight O, inclusive, of chapter seven, sections forty-four A to forty-four H of chapter one hundred and forty-nine, and section thirty-nine M of chapter thirty as is feasible for the procurement of the proprietary environmental technology systems chosen.

SECTION 241. The commissioner of the department of public works shall conduct an engineering assessment of all highways, roads and bridges under its control. Said assessment shall anticipate needs through the year two thousand and one and shall prioritize projects based on need as determined by objective engineering measurements of condition, safety and service. The assessment shall be prepared within one year of the effective date of this act and the results of said assessment shall be made available to the general court. The assessment shall be updated every three years.

SECTION 242. The provisions of section sixty-eight of chapter six of the acts of nineteen hundred and ninety-one shall not apply to the Blackstone Housing Authority.

SECTION 243. Section 21C of chapter 59 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following paragraph:-

(k>) The local appropriating authority of any city or town may seek voter approval at a September 24, 1991 election to assess taxes in excess of the amount allowed pursuant to this section for the purposes of raising up to the amount of the reduction in the city or town's Resolution Aid between the fiscal years 1991 and 1992; provided, however, that the question submitted shall be as follows:-

"Shall the (city/town) of ______________ be allowed to exempt from the provisions of proposition two and one-half, so called, the amount of __________, which is (the amount/portion of the amount) of the reduction in resolution aid to the city/town between the fiscal years 1991 and 1992. `tuc YES NO";

and provided, further, that said question shall be deemed approved if a majority of the persons voting thereon shall vote "YES"; and provided, further, that said paragraph (k>) shall cease to be utilized after the date of June thirtieth, nineteen hundred and ninety-two.

Section 21C of chapter 59 of the General Laws, as appearing in the nineteen hundred and eighty-eight Official Edition, is hereby amended by striking the words "(j) or (k)" in lines 197 and 198, and inserting in place thereof the following:- (j), (k) or (k>).

SECTION 244. Notwithstanding the provisions of any general or special law to the contrary, the division of purchased services is hereby authorized and directed to study the interest costs of short-term borrowing by human service vendors for working capital, the effect of such interest costs on reimbursement rates paid by the commonwealth to said vendors and interest savings achievable by changing longer ready payment periods to more frequent periods, including weekly payments authorized by this act. If said study concludes that human service vendors would achieve interest savings by implementing weekly ready payment practices, said division is hereby further authorized and directed to adjust reimbursement rates to reflect such decreased costs.

SECTION 245. Notwithstanding any general or special law to the contrary, any city or town presently a member of a regional planning council may, by giving notice to said council at least fifteen days prior to an upcoming fiscal year, withdraw its membership from said council. A city or town may elect to withdraw from said council by, in the case of a city, a vote of the city or town council, or board of aldermen, and in the case of a town, by vote of the selectmen.

SECTION 246. Section 100 of said chapter 6A, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

An eye and ear hospital shall make an election for each of its fiscal years as to whether payment and gross patient service revenue for that year shall be governed by this section or by sections seventy-nine to eighty-eight, inclusive. If such hospital elects for payment for a particular year to be governed by sections seventy-nine to eighty-eight, inclusive, the calculation of approved gross patient service revenues for that year shall account for changes in the intensity of surgical day care procedures commencing with the hospital's nineteen hundred and eighty-five fiscal year by segregating the costs and statistics of major and minor surgical day care volume in accordance with clinical parameters for use of major and minor surgical suites that have been developed by the eye and ear hospital and approved by the commission. Any resulting increase in payment levels due to said calculation of surgical day care volume shall not apply to payments made by the commonwealth under any program of public assistance, including the medicaid program.

SECTION 247. The commissioner of the division of special education, the commissioner of the department of corrections, and the commissioner for the commission for the blind, or their respective appointed representatives, are hereby authorized and directed to investigate and study the costs and benefits of transferring the operations of the Vision Resources Library to the Baystate Correctional Facility. The study should include, but not be limited to the potential cost savings resulting from the use of the inmate population for the reproduction of large print and braille books and materials and the circulation and shipping of these materials, the effects of such a transfer on the service capability of the library, and an analysis of the potential for future marketing possibilities of the libraries' materials.

The findings of said study shall be filed in a report including recommended legislation, rule changes or implementation reforms, with the house and senate committees on ways and means and the joint legislative committee on education no later than August first, nineteen hundred and ninety-one.

SECTION 248. Section 16 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words "the department of corrections including the parole board and all other state agencies within said departments".

SECTION 249. Said chapter 6A, as so appearing, is hereby amended, by inserting after section 18 the following section:-

Section 18>. The secretary shall, subject to the provisions of section three, appoint two undersecretaries. Each person appointed as an undersecretary shall have experience and shall know the field or functions of such position, shall receive such salary as the secretary shall determine and shall devote his full time to the duties of the office.

One undersecretary shall be the undersecretary for law enforcement and administration and shall oversee the functions and administration of the following boards and agencies: the department of public safety, the emergency telecommunications board, the criminal history systems board, the crime laboratory, automated fingerprinting identification system, the Massachusetts criminal justice training council, the committee on criminal justice, the registry of motor vehicles, the merit rating board, the governor's council on highway safety, the division of inspection, the architectural access board, civil defense, the military department and the nuclear safety department.

One undersecretary shall be the undersecretary of criminal justice and shall oversee the functions and administration of the following boards and agencies: the department of corrections including the parole board and all other agencies within said department.

Each undersecretary shall coordinate the functions and the programs of the agencies under his jurisdiction. Each undersecretary shall conduct studies of the operations of each agency and work with each agency in effecting procedures and programs which promote efficiency and improvements in the administration of the agency. Each undersecretary shall assist the secretary in reviewing and acting upon budgetary and other financial matters concerning said agencies in accordance with sections two C, three, three A, four, nine B and twenty-nine of chapter twenty-nine.

SECTION 250. The secretary of public safety and the undersecretary of criminal justice shall conduct a comprehensive study of county correction functions and the organization of such functions to assess the feasibility and advisability of integrating some or all county correction functions with functions in the executive office of public safety. The secretary shall file his report, with his recommendations and drafts of any legislation needed to accomplish his recommendations, with the clerk of the senate and the clerk of the house of representatives on or before October first, nineteen hundred and ninety-one.

SECTION 251. The senate and house committees on ways and means shall, acting jointly, study whether or not the department of youth services and the several institutions within the department should be transferred to the executive office of public safety. Said study shall review the laws and court decisions which are applicable to the operation of the department, the current functions and responsibilities of the department and the changes in the mission of the department which have taken place during the department's history. Said study, together with any legislation, shall be filed with the senate and house clerks on or before January first, nineteen hundred and ninety-two.

SECTION 252. Section 16 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words "the department of corrections including the parole board and all other state agencies within said department".

SECTION 253. Section 18 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 13, the words "and the architectural access board." and inserting in place thereof the following:- the architectural access board; the department of correction including the parole board and all other state agencies within said department.

SECTION 254. Section 1 of chapter 27 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 10, the words "human services" and inserting in place thereof the words:- public safety.

SECTION 255. Section 2 of said chapter 27, as so appearing, is hereby amended by striking out, in line 2, the words "human services" and inserting in place thereof, in each instance, the words:- public safety.

SECTION 256. Section 3 of said chapter 27, as so appearing, is hereby amended by striking out, in lines 5, 10 and 11 the words "human services" and inserting in place thereof, in each instance, the words:- public safety.

SECTION 257. Section 4 of said chapter 27, as so appearing, is hereby amended by striking out, in line 11, the words "human services" and inserting in place thereof, in each instance, the words:- public safety.

SECTION 258. Section 7 of said chapter 27, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "human services" and inserting in place thereof the words:- public safety.

SECTION 259. All employees of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of public safety or any such agency thereof, who immediately prior to the effective date of this act, either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws, are hereby transferred to the executive office of public safety, or any such agency thereof, every such transfer to be without impairment of civil service status, seniority, retirement or other rights of the employee and without interruption of service within the meaning of chapter thirty-one or said section nine A and without reduction in compensation or salary grade notwithstanding any change in title or duties resulting from such transfer, subject to the provisions of chapter thirty-one and the rules and regulations adopted thereunder.

All employees of any such department, office, commission, council, board, division, bureau, section, administrative unit or other agency who immediately prior to said effective date, neither hold permanent appointment in such positions nor have such tenure, are hereby transferred to the executive office of public safety or any such agency thereof, every such transfer to be without impairment of seniority, retirement or other rights of such employees, and without interruption of service within the meaning of section nine A of chapter thirty and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer.

Nothing in this section shall be construed to confer upon any employee any rights not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to said effective date.

SECTION 260. All petitions, hearings and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of public safety or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by the executive office or the appropriate agency thereof, as the case may be.

All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted, and all legal and decisional precedents established, by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of public safety or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or cancelled in accordance with law, by the division or the appropriate agency within the executive office or the executive office, as the case may be.

All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates and approvals, and of the agencies to which the completion of enforcement thereof is so transferred, shall be determined by the secretary of the executive office to which the department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act is being transferred.

SECTION 261. All books, papers, records, property, documents, equipment, lands, interests in land, buildings, facilities and other property, both personal and real, which immediately prior to the effective date of this act, are in custody of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of public safety or any such agency thereof, are hereby transferred to the appropriate agency, that all such property held in trust shall continue to be held in trust by the appropriate agency, or if such agency shall continue to be held in trust by the appropriate agency, or if such agency shall decline such trust, by the trustee appointed by the secretary of administration and finance.

All questions regarding the identification of such property and of the agencies to which custody thereof is transferred shall be determined by the secretary of administration and finance.

SECTION 262. All duly existing contracts, memoranda of understanding, leases and obligations of any department, office, commission, committee, council, board, division, bureau, officer, section, administrative unit or other agency transferred by this act of the executive office of human services or any such agency thereof, which are in force immediately prior to the effective date of this act, shall thereafter be performed by the appropriate division, the appropriate agency and/or the appropriate executive office. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act.

SECTION 263. All monies heretofore appropriated for any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of public safety or any such agency thereof remaining unexpended on the effective date of this act, are hereby transferred to said executive office and shall be available for expenditure by said executive office or the appropriate agency thereof for the purposes for which such funds were originally appropriated.

All questions regarding the identification of such monies and of the agencies to which they are so transferred shall be determined by the secretary for administration and finance.

SECTION 264. Wherever the name of any department, office, committee, commission, council, board, division, bureau, section, administrative unit or agency transferred by this act or the name of any agency which is abolished by this act the functions of which are transferred to the executive office of public safety or any such agency thereof, any such agency thereof, appears in any general or special law, or in any order, rule, regulation or other document, such name shall mean and shall be construed as referring to the division, the executive office or the appropriate agency thereof, as the case may be.

SECTION 265. Wherever in any special or general law or in any rule or regulation there is provided a right of appeal to any department, office, commission, committee, council, board, division, bureau, section, administrative unit, or officer or other agency transferred by this act to the executive office of public safety or any such agency thereof, a right of appeal to the division, the appropriate agency within the executive office, or to the executive office as the case may be, shall exist and such appeal shall be made pursuant to the provisions of any applicable law, rule or regulation or amendments thereto or, in the absence of such applicable law, rule or regulation, pursuant to chapter thirty A of the General Laws.

SECTION 266. All functions, rights, obligations, powers, duties and statutory provisions which, prior to the effective date of this act, were assigned to, or exercised by, any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of public safety or any such agency thereof shall continue to be exercised and performed by, and to be assigned to the division, the appropriate agency or officer within the executive office or any such agency thereof except as such powers, duties or other statutory provisions are modified by this act.

SECTION 267. Section 8 of chapter 90, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 71, the word "forty-eight" and inserting in place thereof the word "sixty".

SECTION 268. Chapter 276 of the General Laws is hereby amended by striking out section 35, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 35. The court or justice may adjourn an examination or trial from time to time, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime that is not bailable, he shall be committed; otherwise, he may recognize in a sum and with surety or sureties to the satisfaction of the court or justice, or without surety, for his appearance for such further examination, and for want of such recognizance he shall be committed. While the defendant remains committed, no adjournment shall exceed thirty days at any one time against the objection of the defendant.

SECTION 269. There is hereby established a special commission to consist of three members of the senate to be appointed by the president of the senate, one of whom shall be the senate chairman of the joint committee on housing and urban development, and four members of the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be the house chairman of the joint committee on housing and urban development and one of whom shall be a member of the minority party, the secretary of communities and development or his designee, the director of the Massachusetts Housing Finance Agency or his designee and twelve persons to be appointed by the governor, one of whom shall be a representative of the Massachusetts Coalition for the Homeless, one of whom shall be a representative of the Massachusetts Affordable Housing Alliance, one of whom shall be a representative of the Massachusetts Non-Profit Housing Association, one of whom shall be a representative of the Massachusetts National Association of Housing and Redevelopment Officials, one of whom shall be a representative of Citizens Housing and Planning Association, one of whom shall be a representative of the Massachusetts Developers' Council, one of whom shall be a representative of the Massachusetts Municipal Association, one of whom shall be a representative of the Massachusetts Association of Community Development Corporations, one of whom shall be a representative from the Council of Large Public Housing Authorities, one of whom shall be a representative from a regional housing authority, one of whom shall be a representative from a housing authority with one hundred or fewer units, and one of whom shall be a representative from the National Association For The Advancement Of Colored People is hereby established for the purpose of making an investigation and study of the rental assistance programs being administered within the commonwealth. The chairmen of the joint committee on Housing and Urban Development shall be the co-chairmen of said special commission. Said special commission may conduct public hearings throughout the commonwealth and shall solicit testimony relative to the operation and administration of the rental assistance programs, including but not limited to the efficacy of the programs relative to those persons with distinctive shelter needs. Said commission shall report to the general court the results of the investigation and study and its recommendations if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before December thirty-first, nineteen hundred and ninety-one.

SECTION 270. Chapter 43 of the Acts of 1934, as most recently amended by chapter 405 of the acts of 1985, is hereby amended by striking out sections 1 to 20, inclusive, and inserting in place thereof the following:-

Section 1. The Mutual Savings Central Fund, Inc., established by chapter forty-four of the acts of nineteen hundred and thirty-two, hereinafter called the corporation, shall, in the manner herein provided, establish a fund, to be known as the Deposit Insurance Fund, for the purpose of insuring deposits in excess of those insured by a federal deposit insurance agency, hereinafter called excess deposits, in certain accounts in any savings bank established under the laws of the commonwealth, hereinafter referred to as member banks, and in any federal savings bank or federal savings and loan association which complies with the provisions of this chapter and is certified by the commissioner of banks, hereinafter called the commissioner, under rules and regulations adopted by the directors of the corporation and approved by the commissioner, to be in a safe and sound condition to transact and to continue to transact the business for which they were organized, hereinafter referred to as federal member banks. Such insurance coverage shall be limited to excess deposits in member and federal member banks in accounts, as defined in chapter one hundred and forty E of the General Laws, and including retirement accounts, all of which accounts are (a) standing individually or jointly in the name of a natural person or persons who are residents of the commonwealth; or (b) standing individually or jointly in the name of a natural person or persons who are residents of a state other than the commonwealth who were depositors of a bank whose principal place of business was located in such other state and which, prior to June fifteenth, nineteen hundred and eighty-eight, had merged with a member bank; or (c) standing individually or jointly in the name of a natural person or persons, regardless of residence, on the effective date of this section; provided, however, that the corporation shall continue to insure any term deposits insured by it as of said effective date of this section until the maturity date of such term deposits. The commissioner shall determine those excess deposits eligible for insurance coverage under this section in a manner prescribed by him. For such insurance coverage purposes, the directors of the corporation may, with the approval of the commissioner, and at this direction shall, make assessments from time to time upon member banks and federal members banks in accordance with sections three and four. All amounts received by the corporation pursuant to assessments made pursuant to section one and section seventeen of said chapter forty-three of the acts nineteen hundred and thirty-four, in effect immediately prior to the effective date of this section, and pursuant to the provisions of this act shall be held in the deposit Insurance Fund, shall be invested as hereinafter provided, and shall not be liable for obligations of the corporation other than those created by or under this act. The cost of administering the Deposit Insurance Fund, as determined by the directors of the corporation and approved by the commissioner, shall be paid therefrom.

The corporation may enter into contracts with member banks and federal member banks for insurance coverage purposes as provided therein, which contracts shall be consistent with this chapter and in a form of forms specified by said directors and approved by the commissioner.

The term "federal deposit insurance agency" as used in this chapter shall mean the Federal Deposit Insurance Corporation or Resolution Trust Corporation, or any successor to either corporation.

Section 2. As used in this chapter, the term "allocated reserves", with respect to any member bank and to any federal member bank, shall mean the sum of all assessments from time to time paid over by any such bank to the Deposit Insurance Fund, including the amount of all annual assessments due and payable on October first, nineteen hundred and thirty-nine, and on October first of each year thereafter, together with any amounts paid to the Deposit Insurance Fund as special assessments and, except to the extent otherwise provided in section four, all reserve coverage contributions paid over by any such bank to the Deposit Insurance Fund, together with any such bank's proportionate share of the surplus of said Fund, based on any such bank's relative amount of assessments and contributions, calculated in such manner as the directors of the corporation, with the approval of the commissioner, may determine.

The assessments and the reserve coverage contributions maintained in the Deposit Insurance Fund by a member bank may be carried by such bank as an asset to the extent authorized by the commissioner.

Member banks and federal member banks, to the extent they maintain allocated reserves in the Deposit Insurance Fund, shall make such reports and provide such information as is required by the directors and approved by the commissioner. If any such bank fails to make any such report or provide any such information, the directors shall notify the commissioner thereof. The commissioner shall forthwith notify any such bank and, in the case of a federal member bank, the federal supervisory agency, in writing. The failure of a member bank to make such report or provide such information within fifteen days after such notice from the commissioner shall constitute a violation of section twelve of chapter one hundred and sixty-seven of the General Laws and, in the case of a federal member bank, shall constitute a basis for the termination of any such bank's insurance coverage.

Section 3. (a) On October first of each year following the effective date of this section, each member bank, and federal member bank, whose excess deposits are insured pursuant to this act, shall pay to the corporation an annual assessment equal to one sixteenth of one percent of deposits as shown by its last preceding annual report to the commissioner; provided, however, that the directors may, with the approval of the commissioner, by action taken not more than sixty days prior to the first of October in any year reduce the rate of such annual assessment in respect to such year or waive the same. When the net fair value of the assets of said fund, as determined by the commissioner is less than five percent of the aggregate share liabilities of all member banks, the corporation shall, at the direction of the commissioner, require such banks to pay such additional amounts as are necessary so that the net fair value of such assets as so determined again equals at least five percent.

Section 4. (a) Each member bank and federal member bank shall maintain in the Deposit Insurance Fund funds in the amount, hereinafter referred to as its required reserve, determined by multiplying the greater of (i) such bank's excess deposits eligible for insurance coverage in accordance with section one as calculated by the directors of the corporation on a regular periodic basis and approved by the commissioner, or (ii) such bank's average of such excess deposits by its then applicable insurance coverage percentage. Said directors shall, with the approval of the commissioner, establish the insurance coverage percentage for all such banks in accordance with the following categories of risk: (1) normal risk, and (2) greater than normal risk, and shall assign each such bank to the appropriate category. In determining the appropriate category of risk for each such bank, said directors shall consider the following factors: capital adequacy, asset quality, management quality, earnings, liquidity and exposure to losses from interest rate movement. The insurance coverage percentage for all banks assigned to category (1) shall be three percent, and the directors, with the approval of the commissioner, may establish higher insurance coverage percentages from time to time for all banks assigned to category (2); provided, however, that such higher insurance coverage percentage shall not exceed nine percent; and provided, further, that the aggregate required reserve shall not be less than six percent of the total of excess deposits insured by the corporation. The corporation shall forthwith notify each bank of the risk category to which it has been assigned.

(b) Within ninety days of the effective date of this section, the corporation shall determine and so notify each member bank and federal member bank of said bank's required reserve and of the allocated reserve as of the most recent practicable date. If the required reserve of any such bank is greater than its allocated reserve, such bank shall pay over to the Deposit Insurance Fund the deficiency in equal annual installments over a ten-year period. Any such amount so payed shall be added to the amount of such bank's allocated reserve. If the required reserve of any such bank is less than its allocated reserve, the corporation shall pay over to such bank the excess in equal annual installments over a three-year period. Each such payment by the corporation to such bank shall be in reduction of such bank's allocated reserve. Following the initial determination of each such bank's required reserve and allocated reserve, the corporation shall make such a determination on a regular periodic basis, as approved by the commissioner, for each such bank and every such bank shall either pay over any deficiency to the Fund or receive any excess from said Fund, as applicable.

(c) In the case of any member bank or federal member bank assigned to category (2), there shall be excluded from the amount of any such bank's allocated reserve, for the purposes of determining the amount of dividends, if any, payable in respect of such allocated reserve, the amount by which its allocated reserve exceeds three percent of its average of excess deposits eligible for insurance coverage in accordance with section one.

Section 5. Member banks and federal member banks shall pay over to the corporation all payments required to be made by them from time to time within ten days after receiving notice in writing from the treasurer of the corporation of the amount due. If any such bank shall fail to make any such payment within ten days after notice as aforesaid, said treasurer shall notify the commissioner thereof. The commissioner shall forthwith notify any such bank and, in the case of a federal member bank, the federal supervisory agency, in writing. The failure of any member bank to make such payment within thirty days after such notice from the commissioner shall constitute a violation of section twelve of chapter one hundred and sixty-seven of the General Laws and the failure of any federal member bank to make any such payment within thirty days of said notice from the commissioner shall constitute a basis for the termination of such federal member bank's membership in the Deposit Insurance Fund in accordance with section twelve. Notwithstanding the foregoing, the directors of the corporation may, with the approval of the commissioner, extend or shorten the time for any payments required by any such banks which may affect all such banks generally, or which may be made on a case by case basis with respect to individual banks.

Section 6. So much of the deposits in member banks and federal member banks as are paid over to the corporation under the provisions of this act shall be exempt from taxation under section eleven of chapter sixty-three of the General Laws.

Section 7. The excess deposits, as defined in section one, of member banks may be insured in full by the deposit insurance fund, hereinafter referred to as excess insurance, subject to the following conditions and limitations:

(a) Any such banks shall first give notice in writing to the corporation of its desire to obtain such excess insurance and shall make application for the same on such form and in such manner as the corporation, with the approval of the commissioner, may prescribe. Any such bank shall also submit such financial statements and other information concerning its assets, liabilities and affairs as the commissioner and the corporation may require.

(b) No such bank may apply for such excess insurance unless it shall have capital and surplus, if a stock institution, or surplus, if a mutual institution, less any intangible asset value, equal to or greater than six percent of total assets.

(c) The directors may, with the approval of the commissioner, establish from time to time additional minimum qualification standards and application procedures for such banks. Each such bank shall be required to pay to the Deposit Insurance Fund, as a precondition to acquiring excess insurance, an additional assessment equal to that percentage of its average excess deposits eligible for insurance coverage in accordance with section one or, if greater, of the amount of such excess deposits as of the date of its application that is equal to the insurance coverage percentage for the category of risk to which the directors have determined such bank would be assigned.

(d) Sections twenty-two to thirty-six, inclusive, of chapter one hundred and sixty-seven of the General Laws shall apply to a member bank so long as its excess deposits are insured by the Deposit Insurance Fund.

(e) Upon payment by the Deposit Insurance Fund of all or any part of the portion of any deposit insured by it in a member bank, it shall be subrogated to the rights of the person to whom such insurance was so paid to receive the same distribution from the proceeds of assets and claims of such bank as would have been payable to such person on a claim for the portion of his deposit so paid by the Fund, but such person shall retain his right to receive distribution of so much of his claim against said assets to which he may be entitled after reimbursement pro rata of the claims for subrogation to the Deposit Insurance Fund as provided in this paragraph and to a federal deposit insurance agency as provided in section six of chapter one hundred and sixty-seven F of the General Laws.

(f) Notwithstanding any other provisions hereof, if a federal deposit insurance agency is at any time a depositor, either directly or through any other governmental agency, in any member bank, the amounts deposited, directly or indirectly, by the federal deposit insurance agency shall not be deemed insured to any extent by the Deposit Insurance Fund.

The provisions of paragraphs (a), (b) and (c) of this section shall not apply to any such bank whose excess deposits were insured by the Deposit Insurance Fund on the effective date of this section.

Section 8. The excess deposits, as defined in section one, of any federal savings bank or federal savings and loan association which has its main office located in and is authorized to do business in the commonwealth and which derives a substantial portion of its deposits from within the commonwealth may, with the approval of the commissioner, be insured in full by the Deposit Insurance Fund, hereinafter referred to as excess insurance, subject to the following conditions and limitations.

(a) Any such bank shall first give notice in writing to the corporation of its desire to obtain such excess insurance and shall make application for the same on such form and in such manner as the corporation, with the approval of the commissioner, may prescribe. Any such bank shall also submit such financial statements and other information concerning its assets, liabilities and affairs as the commissioner and the corporation may require.

(b) No such bank shall apply for such excess insurance unless such bank shall have capital and surplus, if a stock institution, or surplus, if a mutual institution, less any intangible asset value, equal to or greater than six percent of its total assets.

(c) Any such bank shall first enter into a binding agreement with the corporation. Under such agreement, which shall be subject to the approval of the commissioner, such bank shall be required to provide to the corporation copies of examination reports and other reports and information regarding such bank comparable in form and substance to information requested and received by the corporation with respect to member banks and to comply with such other terms and conditions, including a provision permitting the corporation to terminate, subject to the approval of the commissioner, such bank's excess insurance if arrangements satisfactory to the corporation have not been made by such bank in connection with any merger, consolidation or purchase of assets and assumption of liabilities affecting such bank, as the directors deem to be appropriate.

(d) The directors of the corporation, with the approval of the commissioner, shall determine the eligibility of any such bank for acceptance. The directors shall not accept for excess insurance any such bank which fails to meet the requirements of paragraph (a), (b), and (c). The directors may, with the approval of the commissioner, establish from time to time additional minimum qualification standards and application procedures for such banks. Each such bank shall be required to pay to the Deposit Insurance Fund, as a precondition to acquiring excess insurance, an additional assessment equal to that percentage of its average excess deposits eligible for insurance coverage in accordance with section one or, if greater, of the amount of such excess deposits as of the date of its application that is equal to the insurance coverage percentage for the category of risk to which the directors have determined such bank would be assigned.

(e) Any such bank, upon acceptance by the corporation for excess insurance, shall be categorized as a "federal member bank."

(f) Federal member banks shall not have any of the rights and privileges of member banks except as expressly provided otherwise herein.

(g) Upon payment by the Deposit Insurance Fund of all or any part of the portion of any deposit insured by the fund in such bank, the fund shall be subrogated to the rights of the person to whom such insurance was so paid to receive the same distribution from the proceeds of assets and claims of such bank as would have been payable to him on a claim for the portion of his deposit so paid by the Deposit Insurance Fund, but he shall retain his right to receive distribution of so much of his claim against said assets to which he may be entitled after reimbursement pro rata of the claims for subrogation to the Deposit Insurance Fund as provided in this paragraph and to a Federal Deposit Insurance Agency as provided in section six of chapter one hundred and sixty-seven F of the General Laws.

(h) Notwithstanding any other provisions hereof, if a federal deposit insurance agency is at any time a depositor, either directly or through any other governmental agency, in any federal member bank, the amounts deposited, directly or indirectly, by such federal deposit insurance agency shall not be deemed insured to any extent by the Deposit Insurance Fund.

Section 9. If the corporation determines that any federal member bank has breached the agreement made pursuant to paragraph (c) of section eight or has failed to maintain the capital and surplus requirement of paragraph (b) of said section eight, it shall given written notice thereof to such federal member bank specifying said breach or failure. If such breach is not cured within sixty days of such written notice or if such capital and surplus requirements are not reestablished within the time period specified in said notice, the directors of the corporation shall forthwith notify the commissioner and may at any time thereafter, with the approval of the commissioner, terminate the excess insurance of such federal member bank pursuant to this chapter.

Section 10. Any member bank may withdraw from membership in the corporation in accordance with the following procedures:

(a) The member bank shall, not later than October first, nineteen hundred and ninety-one, give written notice to the corporation and to the commissioner of its intention to so withdraw, which notice shall become effective on January first, nineteen hundred and ninety-two, hereinafter referred to as the termination date. No member bank which has withdrawn from membership shall be readmitted to membership except in accordance with the provisions of section seven.

(b) The corporation shall distribute to the withdrawing bank the amount of its allocated reserve in the Deposit Insurance Fund, less any liabilities to the corporation, computed as of their termination date, in the following manner: fifty percent thereof on the first day of January, nineteen hundred and ninety-three and the balance thereof on the first day of January, nineteen hundred and ninety-four; provided, however, that the corporation shall withhold from such initial distribution an amount equal to the aggregate of all term deposits insured by said Fund, which withheld amount shall be paid from time to time as such deposits mature to the extent that the amounts then retained exceed the said deposits then insured by the corporation. The corporation shall pay to any withdrawing bank dividends upon the allocated reserve from time to time maintained by such withdrawing bank in said Fund to the same extent that dividends, if any, are declared and paid to member banks. The corporation shall, on January first, nineteen hundred and ninety-three, also return to any withdrawing bank an amount equal to the actual deposits made by it to the Liquidity Fund pursuant to the provisions of section four of chapter forty-four of the acts of nineteen hundred and thirty-two, less its indebtedness, if any, to the corporation.

(c) Any bank which, prior to the effective date of this section, had ceased to be a member bank by reason of its conversion to federal charter or its merger or consolidation with a non-member bank in which such non-member bank was the continuing entity, and that maintains any allocated reserve in the Deposit Insurance Fund, shall be deemed to have withdrawn from the corporation, for which purpose, the termination date shall be deemed to be the termination date as provided in paragraph (a) of this section. The amount of such allocated reserve and an amount equal to the unexpended portion of such bank's actual deposits into the Liquidity Fund, less its indebtedness, if any, to the corporation, shall be returned to such bank in accordance with paragraph (b) of this section.

(d) The corporation shall continue to insure the deposits of a withdrawing member bank for a period of one year from the member bank's termination date; provided, however, that any term deposits insured by the corporation as of a member bank's termination date shall be insured until the maturity date of such term deposits. Any member bank, upon notification to the corporation and to the commissioner of its intent to withdraw from membership in the corporation, shall also notify depositors of insured accounts, in writing, of such intention in a manner prescribed by the commissioner.

All amounts returned by the corporation to a withdrawing bank pursuant to paragraph (b) of this section shall be held by such bank and applied to its loan loss reserve account until the completion of said bank's next regulatory review, audit or examination relative to its safety and soundness, whether such review, audit or examination is conducted by the commissioner or by an appropriate federal bank regulatory agency.

Section 11. Any federal member bank may terminate its excess insurance in accordance with procedures established by the corporation and approved by the commissioner. Such procedures shall be included in the agreement required by paragraph (c) of section eight.

Section 12. Said directors from time to time may, to the extent which the commissioner deems desirable, review the financial condition of any member bank or federal member bank as it relates to excess deposit insurance and shall report thereon to the commissioner with the recommendations of said directors. The commissioner may, upon request of said directors and notwithstanding the provisions of section two of chapter one hundred and sixty-seven of the General Laws, furnish to the directors, for the purposes of the Deposit Insurance Fund, such factual information in his possession as the commissioner may deem to be of assistance to the Fund in determining the financial condition of any member bank. The commissioner shall, in any event, furnish to the treasurer of the corporation one copy of the report of any examination of the books, securities, cash, assets and liabilities of any member bank made by him pursuant to section two of said chapter one hundred and sixty-seven, in the form furnished to such bank as provided in said section two, and every federal member bank shall furnish to said treasurer, in the form furnished to such bank, one copy of the report of any such examination made by a federal deposit insurance agency and by the federal regulatory agency having regulatory supervisory authority over such federal member bank, hereinafter referred to as the federal supervisory agency. Every member bank shall furnish to the treasurer of the corporation, in the form furnished to such bank, one copy of any report of examination and audit made pursuant to section twenty-five of chapter one hundred and sixty-eight of the General Laws within fifteen days after any such report is filed with or otherwise furnished to the commissioner.

If the directors determine that a special examination and audit, including a current appraisal of the assets, of any member bank would be in the interests of its depositors or in the interests of the sound and effective operation of the Deposit Insurance Fund, the board of directors, by vote of at least two-thirds of its members, may request the commissioner to cause such special examination, audit and appraisal to be made; and if the commissioner determines the same to be advisable, he shall cause the same to be made by a certified public accountant in such form and manner as the commissioner may prescribe, together with a current appraisal of such member bank's assets by a qualified person or persons, and the directors may furnish to the commissioner such evidence of current values of any or all of such member bank's assets as they may deem material to such appraisal. The expense of such an examination, audit and appraisal shall be paid by the Deposit Insurance Fund. After receiving the report of the said certified public accountant and of said appraisal, the commissioner shall furnish to the directors, and to the member bank, copies of such reports.

The directors shall have authority to make recommendations to any member bank designed to correct practices or policies of such bank in conducting its business, including loan or dividend policies, which the directors deem to be unsafe or unsound, or to have a tendency to impair the financial condition of the bank or the Deposit Insurance Fund, and if such bank fails to follow such recommendations within a reasonable time, the directors shall give notice thereof to the commissioner. If it appears to the directors that such practices or policies have impaired or are likely to impair the solvency of such bank, or are unreasonably increasing the insurance risk of the Deposit Insurance Fund with respect to such bank, they shall include a statement to such effect, together with a report of the facts and circumstances related thereto, in the aforesaid notice to the commissioner. Nothing contained in this section shall be deemed to abridge any power or authority conferred upon the commissioner by this chapter or any other provision of law.

If the directors determine that a special examination and audit, including a current appraisal of the assets, of any federal member bank would be in the interests of its depositors or in the interest of the sound and effective operation of the Deposit Insurance Fund, the board of directors may, by vote of at least two-thirds of its members, cause a special examination, audit and appraisal to be made by a certified public accountant, in such form and manner as the directors, with the approval of the commissioner, may prescribe. The corporation may engage any qualified appraiser for the purpose of making an appraisal of the current assets of any such federal member bank. The expense of such examination, audit and appraisal shall be paid by the Deposit Insurance Fund. After receiving the reports of such account or appraiser, the corporation shall promptly furnish to the federal member bank copies of such reports. The directors shall have the authority to make recommendations to any federal member bank for the purpose of correcting practices or policies of the bank in conducting its business, including loan or dividend policies, which the directors deem to be unsafe or unsound, or to have a tendency to impair the financial condition of such federal member bank of or the Deposit Insurance Fund. If such federal member bank fails to follow such recommendation within a reasonable time, the directors may give written notice of such failure to the commissioner who may give written notice thereof to the federal member bank and to the federal regulatory agency having regular supervisory authority over such banks and the federal deposit insurance agency for such member bank. If it appears to the directors that such practices or policies have impaired or are likely to impair the solvency of such bank, or are unreasonably increasing the insurance risk of the Deposit Insurance Fund with respect to such federal member bank, the directors may include a statement to such effect, together with a report of the facts and circumstances related thereto, in the aforesaid notice to the commissioner who may include such a statement and report in his aforesaid notice to the federal member bank, the federal supervisory agency and the federal deposit insurance agency for such federal member bank.

Section 13. If the directors determine at any time that the financial condition or operations of any federal member bank makes it inadvisable to continue the excess insurance of such bank, the corporation shall give written notice thereof to such bank, the commissioner, the federal supervisory agency and the appropriate federal deposit insurance agency, stating the reasons for such determination. If such bank so requests within fifteen days of the receipt of such notice, the commissioner shall conduct such review and examination of the financial condition and operations of such bank as he deems appropriate, which may include a special examination and audit in accordance with said section two of chapter one hundred and sixty-seven of the General Laws. If on the basis of such review and examination and such other information concerning such bank as he may have in the exercise of his supervisory functions, the commissioner concurs in such determination, he shall so notify such bank and the corporation in writing. The directors may, with the approval of the commissioner, terminate the excess insurance of such bank at any time after the issuance of such notice by the commissioner. If any such bank fails to request such review and examination within the said fifteen day period, the determination of the directors shall become final and the directors may, with the approval of the commissioner, terminate the excess insurance of such bank at any time after the conclusion of the said fifteen day period. Any such termination shall be effected in accordance with procedures established by the directors, with the approval of the commissioner, and such procedures shall be included in the agreement required by paragraph (c) of section eight.

Section 14. Whenever it shall appear to the commissioner that it is inadvisable or inexpedient for any member bank to continue to transact the business for which it is organized without receiving financial assistance as provided in this section, he may so notify the corporation, and thereupon, if in the judgement of the directors of the corporation such action may reduce the risk or avert a threatened loss to the corporation, he may facilitate a merger or consolidation of such bank with another financial institution, or may facilitate the sale of the assets of such bank to and the assumption of its liabilities by one or more such financial institutions. The corporation may, with the approval of the commissioner and in order to effect the purposes of this act, do any one or more of the following: (a) purchase from said bank its assets at the book value thereof, or at some other value mutually agreed upon by said bank and said directors, notwithstanding that either of such values may exceed the market value of the assets so purchased, and upon such terms and conditions as said directors, with the approval of the commissioner, may determine; (b) make loans to such bank, secured in whole or in part, in such amounts, and upon such terms and conditions as said directors, with the approval of the commissioner, may determine; (c) pay to such bank in accordance with an agreement entered into between such bank and the corporation, with the approval of the commissioner, an amount not in excess of the difference between the book value of certain or all its assets and the fair value thereof as determined by said agreement, in consideration for which said bank shall agree to write down such assets to such fair value and pay over to the corporation so much of any net proceeds realized from the sale or other disposition of each and all such assets as is in excess of such fair value, such payment to be made in such amounts, at such times and upon such terms and conditions as said directors, with the approval of the commissioner, may determine; provided, that any amount paid by the corporation hereunder to such bank and the agreement of such bank to repay the excess, as hereinbefore provided, shall constitute liabilities of such bank only to the extent of any such excess from time to time actually realized; (d) pay into the surplus accounts of such bank in accordance with an agreement entered into between such bank and the corporation, with the approval of the commissioner, an amount not in excess of the difference between the book value of certain or all its assets and the fair value thereof as determined by said agreement, such bank being hereby authorized and empowered, notwithstanding any other provisions of law, to repay such amount to the corporation at such time or times and in such manner as such agreement may prescribe; provided, that any such payment made by the corporation to such bank, and any agreement of any such bank to repay the same, shall constitute liabilities of such bank only to the extent provided by said agreement; (e) make a deposit in such bank of such amount that the directors deem advisable which deposit shall not be subject to limits imposed by section three of chapter one hundred and sixty-seven D of the General Laws or by the bylaws of the bank, and which may or may not be a subordinated deposit and may or may not be in accordance with an agreement that dividends thereon will be at a lower rate than is paid to other depositors; (f) assume any liabilities of such member bank; (g) make loans or contributions to or deposits in, or purchase any assets of, any financial institution which will acquire control of or merge or consolidate with such member bank or will purchase the assets and assume the liabilities of such member bank; (h) guarantee such member bank, or any financial institution which will acquire control of or merge or consolidate with such member bank or will purchase the assets and assume the liabilities of such member bank, against loss by reason of such acquisition of control merger or consolidation or purchase of assets and assumption of liabilities.

After January first, nineteen hundred and fifty-seven, in addition to or apart from the financial assistance authorized under the preceding paragraph, the corporation by vote of at least two thirds of its directors and in order to effect the purposes of this act may, by agreement with the member bank and with the approval of the commissioner, grant financial assistance to such member bank by any or all of the methods prescribed and subject to the terms, conditions and benefits contained in clauses (a) to (h), inclusive, of this section, for any of the purposes stated in this section or for the purpose of providing reserve funds for the protection of the depositors of such member bank; provided, that the total financial assistance granted to a member bank under the authority of this paragraph shall not at any one time exceed a sum equal to the greater of five percent of the deposits of such bank or five hundred thousand dollars.

Such bank, by the vote of least two thirds of its trustees, may take any and all action necessary or advisable to enable it to carry out any or all provisions of this section.

Notwithstanding the provisions of section thirty-three of chapter one hundred and sixty-eight of the General Laws relative to voluntary dissolution and liquidation of a savings bank, in order to give effect to the purpose of this section and subject to the approval of the commissioner and of the corporation, such member bank may be dissolved and liquidate its affairs if authorized by a vote of at least two thirds of its trustees; provided, that another member bank shall have assumed and agreed to pay the whole of the deposits of such member bank under section thirty-five of said chapter one hundred and sixty-eight. A liquidating committee of three persons, subject to the approval of the corporation, shall thereupon be elected by and from said trustees, and, under such regulations as may be prescribed by the commissioner, shall liquidate any remaining assets, and after satisfying and adjusting all such debts of and claims against such member bank not assumed by such other member bank, shall distribute the remaining proceeds among those entitled thereto proportionate to their respective interest therein. The supreme judicial court, or any justice thereof, shall have jurisdiction in equity to enforce the provisions of this paragraph and to act upon all applications and in all proceedings thereunder.

At any time after ten years from the date financial assistance shall have been granted to a member bank under any of the provisions of this section, any unpaid balance thereof may be compromised or settled for such cash payment or other consideration as the corporation and the member bank, with the approve of the commissioner, may agree upon, and upon such compromise or settlement the member bank shall be deemed to be released and discharged from any further obligation to repay the unpaid balance of such financial assistance accept to the extent provided by such agreement; provided, however, that any such agreement shall require that any subsequent dividends accruing to such member bank shall be offset against any loss sustained by the corporation as the result of any such compromise and settlement and retained by the corporation until the amount of such loss has been recovered. The supreme judicial court shall have jurisdiction in equity to approve any such agreement for compromise or settlement and to enforce the provisions of this paragraph and to act upon all applications and in all proceedings thereunder.

Section 15. Whenever it shall appear to the commissioner that any member bank is in an unsound or unsafe condition to transact the business for which it is organized, he may so certify to the corporation, and upon receipt of such certificate the corporation shall, by notice in writing to the commissioner and to the bank, take possession and control forthwith of the property and business of such bank and shall operate such bank, subject to such rules and regulations as the commissioner may prescribe, until the bank shall resume business or until its affairs shall be liquidated. The corporation may, while thus carrying on such business, pay to such bank out of the Deposit Insurance Fund, such sums as the corporation's directors deem necessary for the protection of the bank's depositors, and may order the same to be repaid when no longer required for that purpose, or may purchase assets from said bank to effect the purposes of this act on such terms and conditions and at such valuations as said directors, with the approval of the commissioner may determine.

Section 16. At any time after the corporation has taken over the control, possession and operation of any member bank as provided in section fifteen, it may, with the approval of the commissioner, turn back the control, possession and operation thereof to such member bank which may resume business free from any control by the corporation acquired under section fourteen, subject to such conditions as the commissioner may approve. The corporation shall not thus turn back the control, possession and operation of any bank until there has been repaid into the Deposit Insurance Fund all sums paid out by the corporation from such fund to such bank or its depositors or until it has received security for such repayment satisfactory to the directors.

Section 17. The corporation, with the approval of the commissioner, may, and at the request of the commissioner shall, at any time after it has taken over the control, possession and operation of any member bank under section fifteen, discontinue the business of such bank and proceed to liquidate its affairs. The corporation shall in such event pay to the depositors of such bank the full amount of their deposits at the date of the discontinuance of the business of the bank with interest from the last dividend date to the date of discontinuance at a rate at least equal to the rate paid on regular savings accounts during such period and in the case of term deposits, at the contractual rate applicable to any such term deposit, such payments to be made within three years from such discontinuance and at such times and in such installments as the directors, with the approval of the commissioner, shall determine. For such purpose the corporation shall use, in addition to the assets to the bank, such sums as may be required from the Deposit Insurance Fund. In case of liquidation, the corporation shall be subject to such orders, rules and regulations as may be prescribed from time to time by the commissioner. The corporation shall collect all debts due and claims belonging to such bank and, with the approval of the commissioner, may sell or compound all bad or doubtful debts and with like approval may sell all or any part of the real or personal property of the bank on such terms as the commissioner may approve. To execute and perform the powers and duties conferred upon the corporation, it may in the name of any such bank prosecute and defend all suits and other legal proceedings and may in the name of the bank execute, acknowledge and deliver all deeds, assignments, leases and other instruments necessary and proper to effectuate any sale of real or personal property or any compromise approved by the commissioner and any deed or other instrument executed pursuant to the authority hereby given shall be valid and effectual for all purposes to the same extent as though executed by the officers of the bank by authority of its board of trustees or directors. The compensation of employees, council, and other assistance, and all expenses incurred in connection with the liquidation of any such bank shall be fixed, subject to the approval of the commissioner, by the directors. The officers of the corporation or any other persons employed by the directors to liquidate the affairs of any member bank under this section shall give bond to the directors for the faithful performance of their duties in relation to such liquidation in such amount and with such surety or sureties as the commissioner may approve. The persons appointed for the purpose of liquidating the affairs of any such bank shall be subject to all the penalties to which agents appointed by the commissioner for the purpose of liquidating the affairs of a bank are now or may hereafter be subject. All accounts for which no claimant can be found for six years following the discontinuance of the business of any such bank shall, if no other provisions to care for said claim have been made, be turned over to the commissioner of revenue pursuant to the provisions of chapter two hundred A of the General Laws. Said accounts may be reclaimed in the manner provided in section ten of said chapter but no interest shall be paid thereon for the time held by the commissioner.

Section 18. For the purpose of carrying out the provisions of this act, the corporation may exercise all the powers, rights and franchises of any bank the control, possession and operation of which has been taken over by it under this act and may exercise all the powers and rights of the corporators of such bank relative to a merger or consolidation conferred upon them by section thirty-four A, thirty-four B, thirty-four D and thirty-five of chapter one hundred and sixty-eight.

Section 19. (a) The corporation may pay dividends to member banks and to federal member banks at such rates and at such times as the directors may determine, subject to the prior approval of the commissioner of any such payment, rates and times and subject to his prior approval as to the terms, conditions and use of such payment to any such banks, upon the allocated reserves from time to time maintained by such banks in the Deposit Insurance Fund. With the approval of the commissioner, the directors may, in determining whether and at what rate to pay dividends, distinguish between that component of any such banks' allocated reserves that represents amounts paid to the corporation as annual or special assessments and the component that represents amount paid thereto as reserve coverage contributions. (b) The Deposit Insurance Fund may be invested by the corporation only as provided in subsections (a), (b), (c) and (e) of section seven of chapter forty-four of the acts of nineteen hundred and thirty-two except that the Fund may be used as provided by section three A, and except, further, that the Fund may be used for the purchase of all or any part of the property of any member bank in possession of the commissioner under sections twenty-two to thirty-six inclusive, of chapter one hundred and sixty-seven of the General Laws or, in the case of a federal member bank, for the purchase of all or any part of the property of any such bank under the receivership of a federal deposit insurance agency, on such terms and conditions and at such valuations as the directors may determine. The corporation may, by vote of its directors, borrow money for the purposes of the Deposit Insurance Fund and pledge any assets in which said Fund is invested as security for such loans. In the case of a merger of consolidation of a member bank or a federal member bank with one or more other such banks, or in the case of a sale of assets of any such banks to and the assumption of the liabilities by one or more other such banks each such continuing member bank, and each such continuing federal member bank shall succeed to the rights of the discontinuing banks in the allocated reserves theretofore paid by the discontinuing bank.

Section 20. The corporation, at special county or district meetings held in accordance with the bylaws and with section two of said chapter forty-four, and called by the directors for this special purpose, may determine, by a two thirds vote of all member banks, that, as a fact, the Deposit Insurance Fund is no longer needed for the excess insurance provided for in section one. If the commissioner concurs with such determination of facts, he shall declare any balance of such fund, after payment of losses, expenses and obligations of the corporation, eligible for distribution to member banks and federal member banks upon a dissolution and liquidation of the fund. The corporation may, by a like two thirds vote of all member banks and with the approval of the commissioner, vote to dissolve and liquidate the Deposit Insurance Fund. When voting for this purpose, each member bank shall have one vote for each ten million dollars or fraction thereof of deposits then insured by the Deposit Insurance Fund, as shown by such bank's latest report to the commissioner or to the corporation. Upon any such vote to dissolve and liquidate the Deposit Insurance Fund, the corporation shall distribute, over a period of not more than twelve months, the said balance pro rata to member banks and federal member banks based upon their total amounts of assessments and participations in said Fund.

Section 21. A director of the corporation shall in no event be individually liable for anything done or for any liability incurred or assumed by virtue of this act, except for his own willful neglect or default, nor shall any member bank or federal member bank be subject to any liability by virtue of this act except for the payments of its assessments to the fund.

Section 22. The directors of the corporation may make such rules and regulations, subject to the approval of the commissioner, as they may deem necessary in order to carry out the provisions of this act, and for the purposes of this act the commissioner may confer and advise with the directors and may furnish them such information, records, statements and reports of examination or copies thereof, relating to any member bank, as the directors may request.

SECTION 271. All amounts received pursuant to assessments made under authority of sections one and seventeen of chapter forty-three of the acts of nineteen hundred and thirty-four in effect prior to the effective date of this act shall be deemed to be assets of the Deposit Insurance Fund, established under the provisions of this act.

SECTION 272. It is hereby declared that the Mutual Savings Central Fund, Inc., established by chapter forty-four by the acts of nineteen hundred and thirty-two is not an agency of the commonwealth. Nothing contained in this act shall be construed to pledge the credit of the commonwealth for any of the operations, including the Deposit Insurance Fund established under the provisions of this act, of said Mutual Savings Central Fund, Inc.

SECTION 273. It is hereby declared that the Cooperative Central Bank, established by chapter forty-five of the acts of nineteen hundred and thirty-two, is not an agency of the commonwealth. Nothing contained in this act shall be construed as a pledge of the credit of the commonwealth as security for the operations, including the Share Insurance Fund established by chapter forty-five of the acts of nineteen hundred and thirty-two, of said Cooperative Central Bank.

SECTION 274. Section 4 of chapter 258B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out lines 29 through 47 inclusive, and inserting in place thereof the following paragraph:-

The board shall review program plans, annual reports, and the implementation and operation of programs as described in this chapter. The board shall promulgate rules for the preparation and review of such program plans and annual reports.

SECTION 275. Chapter 123 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after section 18 the following section:-

Section 18A. A person who is a resident in a facility of the department of mental health or in the Bridgewater state hospital and who has funds held in trust for him by the department of mental health or the department of correction, shall contribute toward the cost of any counsel appointed pursuant to chapter two hundred and eleven D to provide representation in proceedings under this chapter, in an amount not exceeding five hundred dollars unless a larger contribution has been ordered by a court pursuant to sections two and five of chapter two hundred and eleven D. Whenever the department of correction or the department of mental health holds funds in trust for such a person, the department shall turn over such funds, but not exceeding five hundred dollars, to the treasurer to be credited toward the cost of providing such counsel.

SECTION 276. Section 8 of chapter 349 of the acts of 1986 as most recently amended by section 135 of chapter 33 of the acts of 1991 is hereby further amended by inserting after the second paragraph the following words:-

The entire area to be covered by the Phase I park and the Phase II park, exclusive of the lobster facility, is hereby deemed to be public park land for purposes of Article XCVII of the Amendments to the Constitution. Any use of said area by the authority or any other person or entity for uses other than the Phase I or Phase II park shall be deemed a purpose inconsistent with the use of public park lands, and thereby subject to the terms and conditions of said Article XCVII. The foregoing shall include all associated buildings and facilities and improvements thereon contained on or within the Phase I or Phase II park areas. In the event that the lobster facility is at any time discontinued or is not constructed as a lobster facility, the area where the lobster facility was or would have been constructed shall also be deemed to be a public park land subject to the protection of said Article XCVII. The authority is hereby prohibited from undertaking any use to take place on the Phase I and Phase II parks and the lobster facility if same is not constructed or discontinued, as provided for in the previous sentence which is not a public park land use.

SECTION 277. Chapter 29 of the General Laws is hereby amended by adding at the end of section 7L the following new section:-

Section 7M. The Speaker of the House and the President of the Senate may transfer funds, as needed, among items of appropriation for the House of Representatives and the Senate, respectively.

SECTION 278. The secretary of transportation and construction shall prepare a comprehensive state transportation plan for the fiscal years from nineteen hundred and ninety-three through nineteen hundred and ninety-eight. Said plan shall be prepared after public hearings pursuant to section two of chapter thirty A of the General Laws; provided, however, that said plan shall not be subject to any adjudicatory process and no provisions of said chapter thirty A providing for appeals or judicial review shall apply to said plan or any hearings held thereon. Said plan shall be designed to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting cost effectively the diverse transportation needs of all residents of the Commonwealth, including urban, suburban, and rural populations and especially elderly, disabled and transit-dependent persons, while minimizing the harmful effects of transportation systems on public health and the environment and promoting public safety. Said plan's development process shall consider all transportation options on an integrated basis, including highway, road, transit, rail, air and water transportation, and shall be consistent and fully integrated with transportation planning activities required under the federal Clean Air Act. Said plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth which prioritizes projects based on need as determined by objective engineering measurements of condition, safety and service. The secretaries of environmental affairs and economic affairs shall be consulted in the development of said plan. Said plan shall be filed with the house and senate committees on ways and means and the committee on transportation on or before April first, nineteen hundred and ninety-two, and shall be updated every three years thereafter.

SECTION 279. Notwithstanding the provisions of any general or special law to the contrary, operating expenditures of the Massachusetts bay transportation authority for its fiscal year ending June thirtieth, nineteen hundred and ninety-two shall not exceed one hundred and five percent of its operating expenditures for its fiscal year ending June thirtieth, nineteen hundred and ninety-one.

SECTION 280. There is hereby established a special commission, to consist of three members of the house committee on ways and means, as appointed by the speaker of the house of representatives, and three members of the senate committee on ways and means, as appointed by the senate president, for the purpose of making an investigation and study of the state housing assistance for rental production program, the rental development action loan program, the rental assistance payment program, the chapter 707 rental assistance program, so-called, and any and all other housing and rental assistance or housing production programs which have in recent years been or are presently funded, subsidized, assisted or guaranteed by the commonwealth, its political subdivisions, the Massachusetts housing finance agency, the Massachusetts land bank, the Massachusetts industrial finance agency or any other authority or governmental entity. Said commission shall review, and hold public hearings throughout the commonwealth in order to solicit testimony relative to, the operation and effectiveness of said programs, and make recommendations relative to the continuation or phase-out and termination of said programs. Said commission shall consider issues including, but not limited to, homelessness, foreclosures, bankruptcies, bond and credit ratings, the relative benefits of the programs to tenants, landlords, developers and lenders, and the appropriateness of the eligibility requirements for said programs, as the commission may deem relevant to its investigation and study. Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before May first, nineteen hundred and ninety-two.

SECTION 281. Notwithstanding the provisions of any general or special law to the contrary, sixty percent of all community-based residences serving clients transferred from department of mental health and department of mental retardation facilities during fiscal year nineteen hundred and ninety-two, shall be operated and staffed by state employees. Nothing herein shall be construed to violate the provisions and intent of section one hundred and fifteen of this act.

SECTION 282. The special commission established by section sixty of chapter one hundred and fifty of the acts of nineteen hundred and ninety shall consider the feasibility of implementing an aid to families with dependent children school attendance program. Said program to be studied may require AFDC recipients to document the school attendance of children over the age of twelve in order to reduce unexcused school absences. Said commission shall also study the feasibility of targeting more financial resources and programmatic efforts at employment and training initiatives for recipients of AFDC who have received AFDC for more than thirty-six months within a five year period; whose youngest child is at least sixteen years of age; and who are under twenty-four years of age with little or no work history or have no high school diploma.

SECTION 283. The office of the chief administrative justice is hereby authorized and directed forthwith to take such action as may be necessary to collect certain abandoned passbooks, savings accounts and other abandoned property in the various probate courts, pursuant to Chapter 506 of the Acts of 1990.

SECTION 284. Notwithstanding the provisions of any general or special law to the contrary, no foreclosure sale pursuant to a power of sale in any mortgage deed of real estate located in the commonwealth having thereon a dwelling house with accommodations for four or less separate households and occupied in whole or in part by an obligor on the mortgage debt which secures, in whole or in part, any loan made for personal, family or household purposes shall be conducted in the commonwealth for a period of one hundred and twenty days after the effective date of this section if any note secured by a fixed rate mortgage on said real estate bears an interest rate in excess of fifteen percent or in the case of a variable rate mortgage, any such note bears an interest rate that exceeds fifteen percent at any time prior to default, and the proceeds of any such loan were used, in whole or in part, for home improvement purposes. For the purposes of this section, the term "home improvement purposes" shall include, but not be limited to, the improvement, repair, alteration or rehabilitation of such real estate, or the purchase and installation of fixtures to be affixed thereto, including the purchase and installation of a solar or wind-powered system or heat pump system.

No register of deeds or assistant recorder of the land court shall accept for recording or filing for registration any foreclosure deed pursuant to a foreclosure sale conducted under a power of sale, during said one hundred and twenty day period, as aforesaid, unless the same is accompanied by an affidavit under the pains and penalties of perjury signed by the record holder of the mortgage deed being foreclosed, or a duly authorized officer thereof, certifying compliance with the requirements of this section together with a certified copy of any and all notes secured by a mortgage on said real estate. For the purposes of this section, the term "foreclosure sale" refers to the conclusion of a sale at public auction pursuant to the provisions of chapter two hundred and forty-four of the General Laws.

SECTION 285. Notwithstanding any general or special law to the contrary, a nonprofit hospital licensed under the provisions of chapter 111, section 51 and located in the city of Newton shall be exempt from the provisions of section 25C of said chapter for the purpose of cardiac catheterization services which shall be offered by said hospital; and, further, said hospital shall be entitled to the concomitant adjustment to its basis of payment as that term is defined in section 31 of chapter 6A as if said hospital had complied with the provisions of section 25C of chapter 111.

SECTION 286. (1) There shall be established on the books of the Commonwealth a separate fund to be known as the Trust Fund for the Head Injury Treatment Services. Said Trust Fund shall consist of moneys paid to the Commonwealth pursuant to the provisions of section two hundred and eighty-seven of this act, and any interest or investment earnings on such moneys,

(2) The state treasurer, ex officio, shall be the custodian of the Trust Fund, and shall receive, deposit, and invest all moneys transmitted to him under the provisions of paragraph (1), and shall credit interest and earnings on the Trust Fund to said Trust Fund.

(3) The state treasurer, shall make such moneys available to the Statewide Head Injury Program of the Massachusetts Rehabilitation Commission as may be appropriated for the purpose of developing and maintaining nonresidential rehabilitation services for head injured persons, provided that an appropriation from said Trust Fund shall not be used to replace funds historically appropriated from the General Fund to purchase head injury services.

SECTION 287. Section 24 of Chapter 90 as appearing in the 1988 Official Edition is hereby amended by inserting after the word "program." on line 75 thereof the following paragraph:-

There shall be a surcharge of one hundred dollars on the fine assessed against a defendant convicted by a court of the commonwealth of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances, pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said surcharge shall be deposited by the court with the treasurer into the Fund for Head Injury Treatment Services created in section two hundred and eighty-six of this act.

SECTION 288. No later than October first, nineteen hundred and ninety-one, the rate setting commission shall establish administratively necessary day rates for chronic disease and rehabilitation hospitals, including hospitals operated by the department of public health which are reimbursed by the Medicaid program as chronic disease and rehabilitation hospitals, in the manner prescribed by and subject to the requirements of section thirty-two of chapter six A of the General Laws. Notwithstanding any law to the contrary, the earliest time patient-centered rates may become effective for chronic disease and rehabilitation hospitals shall be hospital fiscal year nineteen hundred and ninety-three. Prior to the proposal of regulations to implement such patient-entered rates, the department of public welfare, rate setting commission and any interested group of chronic disease and rehabilitation hospitals shall report to the joint health care committee, and the senate and house committees on ways and means on studies performed during fiscal year nineteen hundred and ninety-two to develop patient-centered rates. Said report shall include any report made to the United States Congress pursuant to section 4005(B) of the Omnibus Reconciliation Act of 1990 concerning the inclusion of chronic disease and rehabilitation hospitals within the medicare program's prospective payment system.

SECTION 289. Notwithstanding the provisions of any general or special law or regulation to the contrary, all housing authorities and nonprofit organizations operating elderly public housing are hereby authorized and directed to offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those elderly persons who held chapter seven hundred and seven rental assistance, so called, and vouchers under any existing state voucher program on June thirtieth, nineteen hundred and ninety-one. The executive office of communities and development shall be responsible for the faithful compliance by local housing authorities with the provisions of this section, and is hereby authorized to take such actions as its deems necessary to insure such compliance in a timely and equitable fashion.

SECTION 290. Notwithstanding any general or special law to the contrary, any city or town may appoint, for the fiscal years nineteen hundred and ninety-two, nineteen hundred and ninety-three and nineteen hundred and ninety-four, one reserve police officer for every three regular police officers.

SECTION 291. During fiscal year nineteen hundred and ninety-two, notwithstanding the provisions of any general or special law to the contrary, payments for fiscal year nineteen hundred and ninety-one and prior fiscal year's cost of certain personnel classification appeals, approved and granted by the personnel administrator in accordance with the provisions of section forty-nine of chapter thirty of the General Laws, the cost of certain salary adjustments established under the provisions of section five of chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty-four, and costs as determined by certain arbitration awards issued pursuant to section eight of chapter one hundred and fifty E of the General Laws, may, at the discretion of the secretary of administration and finance, be charged to items of appropriation for fiscal years nineteen hundred and ninety-one and nineteen hundred and ninety-two.

SECTION 292. The attorney general shall submit a quarterly report within fifteen days of the end of each quarter to the house and senate committees on ways and means and the secretary of administration and finance detailing claims which the department of the attorney general has submitted within the preceding quarter to the office of the state treasurer for payment from item 0611-5000 of section two of this act. Said reports shall show the number and cost of claims submitted for each category of claim. Said categories shall include but shall not be limited to physicians' costs, lost wages, funeral expenses and attorneys' fees. Said reports shall also show the number and cost by said categories broken down by the fiscal year in which said claims were ordered to be paid by the court.

SECTION 293. Notwithstanding any general or special law to the contrary, a nonprofit hospital licensed under the provisions of chapter 111, section 51 and located in the city of Norwood shall be exempt from the provisions of section 25C of said chapter for the purpose of cardiac catheterization services which shall be offered by said hospital; and, further, said hospital shall be entitled to the concomitant adjustment to its basis of payment as that term is defined in section 31 of chapter 6A as if said hospital had complied with the provisions of section 25C of chapter 111; provided, however, that no adjustment to its basis of payment shall be allowed for any capital costs associated with such cardiac catheterization services.

SECTION 294. It is hereby declared and affirmed that the reserved interests of the public in the land along the coastline of the commonwealth require a public on-foot right-of-passage along the shore of the coastline between the mean high water line and the extreme low water line subject to the restrictions and limitations as contained in this section and said right is hereby secured on a certain beach in the town of Plymouth or on a certain beach in the town of Falmouth.

Said public on-foot right-of-passage shall not be exercised (1) later than one-half hour after sunset nor earlier than sunrise (2) where the commissioner of the department of environmental management for the purpose of protecting marine fisheries and wildlife or for controlling erosion, designates and posts natural areas of critical ecological significance as areas in which on either a regular or seasonal basis as circumstances in each situation require that the public not exercise the on-foot free right-of-passage (3) where there exists a structure, enclosure or other improvements made or allowed pursuant to any law or any license, permit or other authority issued or granted under the General Laws or where there exist agricultural fences for purposes of enclosing livestock, provided that such area is clearly and conspicuously posted. The exercise of the on-foot right-of-passage in violation of the limitations and restrictions of this paragraph shall be punishable by a fine of not less than twenty nor more than fifty dollars.

In any action concerning the exclusion of on-foot right-of-passage, the burden of proof shall be upon the person who seeks to exclude or limit the exercise of said public rights. Whenever it is found that a person seeks to exclude the on-foot right-of-passage by unlawfully posting said area, then such person shall be punished by a fine of not less than twenty nor more than fifty dollars.

Any interference with, or any acts making unsafe, the on-foot free right-of-passage including, but not limited to, (1) the use of force or (2) maintenance of any fence or other obstruction not specifically authorized under the General Laws or a license, permit or other authority issued or granted under the General Laws, is hereby declared to be unlawful. This section may be enforced under section eleven D of chapter twelve of the General Laws, in an action brought in district court by a person directly affected by a violation of this section, for such monetary and equitable relief as the court deems to be necessary and proper.

Any person who is exercising the public on-foot free right-of-passage deposits or causes to be deposited in the water or on the shore garbage, paper, refuse, bottles, cans, rubbish or trash of any kind or nature shall be punished by a fine of not less than twenty nor more than fifty dollars.

Except as to injuries proximately caused by a violation of this section, the exercise by the public of the on-foot free right-of-passage shall be considered a permitted use to which the limited liability provisions of chapter twenty-one, section seventeen C of the General Laws shall apply.

It shall be the responsibility of the department of environmental management to implement the provisions of this chapter. The public-on-foot free right-of-passage secured by the provisions of this section shall not become effective with respect to any particular parcel of private property until such time as the commissioner of the department of environmental management has filed an order of taking describing property in the manner provided for by section three of chapter seventy-nine of the General Laws. Said commissioner shall also comply with all other provisions of chapter seventy-nine as they apply to a public taking of an interest in private land. With respect to public land, the public-on-foot free right-of-passage shall take effect on the effective date of this act and said commissioner need only comply with the notice provisions of chapter seventy-nine.

SECTION 295. Section four of chapter six hundred and fourteen of the acts of nineteen hundred and eighty-five, as most recently amended by section one hundred and twenty-nine of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, is hereby further amended by striking out the last sentence and inserting in the place thereof the following sentence:- Appropriation expires June thirtieth, nineteen hundred and ninety-six.

SECTION 296. The first paragraph of section 98 of chapter 276 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the last two sentences.

SECTION 297. The second sentence of the second paragraph of section 98 of chapter 276 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the words "first deputy commissioner" and inserting in place thereof the following words:- associate commissioner, who shall perform the duties of the commissioner in the absence of the commissioner.

SECTION 298. Chapter 40J of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 1 thereof the following section:-

Section 1A. Additional Findings and Revised Public Purpose

It is hereby found that: (1) Massachusetts has recently entered a period of severe economic distress, with increasing unemployment and with many areas of the commonwealth's economic base exhibiting an undesirable rate of growth; (2) these developments, while underscoring the economic importance of continued investments in technology education, place new and increasing pressures on such investments to advance the commonwealth's more immediate economic development interests while decreasing their reliance on scarce public funds; (3) accordingly, the Massachusetts technology park corporation must aggressively use the full breadth of the resources of its microelectronics center to directly support firms in the electronics and related industries to maintain, expand and locate their business activities in the commonwealth and thereby create and retain increased and more rewarding employment opportunities for our citizens; (4) further, the corporation must respond to pressing fiscal constraints by striving to make the center self-sufficient of regular, annual public maintenance funding through a comprehensive program of cost reduction, increased support from participating businesses and universities, the pursuit of federal and industry grants, and the full exploitation of the revenue generation potential of its essential governmental functions; (5) to those ends, and to otherwise account for changed economic circumstances since the corporation's creation, it is required to amend the corporation's public purpose, designated powers and essential governmental functions as set forth in its enabling act.

Therefore, it is found in the public interest of the commonwealth to promote the prosperity and general welfare of its citizens, a public purpose for which public money may be expended, to amend the enabling act and certain related statutes of the corporation to authorize the corporation to foster the expansion of industrial and commercial activity and employment opportunities in the commonwealth by employing its resources, to the extent consistent with its educational activities, to advance additional, more direct economic development initiatives which support firms to maintain, expand and locate their business activities within the commonwealth and thereby create and retain increased and more rewarding employment opportunities for our citizens.

SECTION 299. Section 2 of said chapter 40J of the General Laws, as so appearing, is hereby amended by inserting after the definition of "current expenses" the following definitions:-

"Director", shall refer to both an individual who is a member of the board and to an individual who is an advisory member appointed pursuant to section 4(i) of this chapter.

"Operational", as applied to a center or any portion thereof created pursuant to the provisions of this chapter, embraces that point in the development of a center at which said center has evidenced both a demonstrated capacity to perform its essential functions and a proven capability to defray its expenses of administration and operation in a manner wholly self-sufficient of regular, annual public maintenance funding.

SECTION 300. Said chapter 40J of the General Laws, as so appearing, is hereby further amended by inserting after section 4 the following four sections:-

Section 4A. In furtherance of its public, purpose and essential governmental functions, and notwithstanding any general or special law or agreement to the contrary, the corporation shall have the following powers which shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the corporation by law pursuant to section four of this chapter:

(a) to lease and to grant licenses, not to exceed five years in duration, with regard to all or part of the corporation's real and personal property to one or more private parties pursuant to such selection procedures and under such terms and conditions as the board deems appropriate and otherwise in a manner consistent with good business practices; provided, that such property shall be and remain for the duration of any such agreement "land and tangible personal property of the Massachusetts technology park corporation" within the meaning of section five of chapter four hundred and five of the acts of nineteen hundred and eighty-four and thereby exempt from any tax, excise, betterment or assessment imposed upon the corporation based upon or measured by its real or personal property and it's use, including the sale, transfer or other disposition thereof; provided, further, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were owner of the land in fee; provided, that the payment of any such taxes shall not be enforced by any lien upon or sale or taking of said land except that the leasehold estate may be sold or taken by the collector of taxes of the municipality of Westborough for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes; provided, further, that in the case of a leasehold estate involving in any part the corporation's integrated circuit fabrication facility, a condition precedent to the sale of said leasehold estate by the town of Westborough shall be the approval of the board of the corporation, which shall not be unreasonably withheld. Said collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns. The corporation shall include in any lease of such land or property a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the town of Westborough a sum of money in lieu of taxes which would otherwise be assessed for such year. Any use permitted by such a lease or license agreement shall be held and deemed to be a "use for educational purposes on land owned by the commonwealth" pursuant to section three of chapter forty A of the General Laws;

(b) to establish, with such safeguards as deemed appropriate by the board, one or more nonprofit or taxable subsidiary corporations to the extent that the creation of the same are consistent with good business practices under the Federal Income Tax Code of 1986, as amended; and

(c) to make, or to delegate to a lessee or a licensee the authority to make, improvements, construction, alterations or renovations to the real property of the corporation; provided, that where such activity is estimated to cost less than five-hundred thousand dollars it shall not be a capital facility project and the provisions of sections thirty-eight A and one-half to thirty-eight O, inclusive, of chapter seven, sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine, section thirty-nine M of chapter thirty of the General Laws, and related statutes, shall not apply thereto.

Section 4B. (a) In furtherance of the public purpose and mission of the corporation, and notwithstanding any general or special law or agreement to the contrary, each of the following uses of the physical and technical resources of the center shall be deemed to be the exercise of an essential governmental function within the meaning of 26 U.S.C. 115(l):

(1) the provision of computer aided design services to interested industrial firms and universities, including but without limitation the distribution and support of design tools, the provision of computational support services, and the design of integrated circuits;

(2) the provision of integrated circuit fabrication services to interested industrial firms and universities and the federal government, including but without limitation the provision of foundry services and discrete unit process services to one or a limited number of parties; and

(3) the formation of one or more technology partnerships with interested industrial firms and universities, the federal government and venture capital firms for the purpose of fully exploiting the substantial resources of the center in a manner calculated to advance its educational and economic development purposes. Said technology partnerships may include but without limitation contractual relationships with one or more of said parties which involve the lease or licensing of all or part of the facilities, intellectual property and related resources of said center, the furnishing of design and/or fabrication services, cooperative technology development and technology-sharing arrangements, incubator facilities, and the provision of state-of-the-art instructional, research and integrated circuit prototyping services.

(b) The activities set forth in subsection (a) shall be deemed and construed to be supplemental and additional to, and not in derogation of, such other essential governmental functions as are authorized under this chapter or as may be delegated to the corporation from time to time. It is intended that each of the activities of the corporation as set forth therein will serve to support an expanding economy for the commonwealth and the creation and retention of new and more rewarding employment opportunities for the citizens hereof in one or more of the following ways: assisting firms to understand and exploit the full economic potential of application specific integrated circuit technology; inducing firms to maintain, expand or locate their business activities within the commonwealth due to the presence of such activities; encouraging the transfer of state-of-the-art design and process technologies between and among industries, universities and the center; assisting the center in the maintenance and operation of its complex integrated circuit fabrication facility and the full exploitation of its substantial fabrication capacity; creating a technology infrastructure for economic development; and exploiting economies of scale in the provision of educational services.

(c) All income of the corporation from whatever source derived shall be held and applied thereby solely to accomplish the essential governmental functions of the corporation, including but without limitation to the essential governmental functions set forth in this section. No income of the corporation shall accrue to any private individual or organization. Upon dissolution of the corporation, all of its assets shall be returned to the commonwealth in the manner set forth in section five of this chapter.

Section 4C. (a) The provisions of section twelve (h) of this chapter shall be deemed to apply to any and all proprietary information received by the corporation.

(b) Notwithstanding any other general or special law to the contrary, and in consideration of the essential public function of the corporation, debt obligations of the corporation, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the commonwealth and by the municipalities and other political subdivisions in the commonwealth;

(c) Notwithstanding the provisions of sections six and twenty-three of chapter two hundred and sixty-eight A of the General Laws, a director who is affiliated with a participating business or participating institution within the meaning of this chapter may participate in a particular matter affecting the financial interests of said participating business or participating institution with which such individual is affiliated; provided, however, that (1) said particular matter is confined to the establishment, expansion, curtailment, termination, or other matter of general application involving a center or a particular component of a center, or of a program authorizing the lease or licensing of a center's facilities or the provision of services to customers, or of a technology partner program within the meaning of this chapter; (2) said particular matter does not affect the financial interests of said director, or an immediate family member or partner of said director; (3) the financial interest of said director's participating business or participating institution is substantially the same as the interest of other members of the class of participating businesses or participating institutions with which that director is affiliated; (4) said particular matter is not a decision to purchase from, sell to, borrow from, contract with or otherwise deal with said participating business or participating institution, in which case the provisions of the fourth paragraph of section three of this chapter shall apply; and (5) the interest of any said director's participating business or participating institution is disclosed in advance to the directors or, if not known or foreseen in advance by said director, then such interest is disclosed to the directors as soon as practicable after it becomes known or apparent to said director, and such disclosure is recorded in the minutes of the proceedings of the corporation, and a copy of the disclosure forwarded to the state ethics commission. Where a director participates in a particular matter as described in clause (1) and discloses an interest as provided in clause (5) of the preceding sentence, then any contract or acquisition or disposition of real property required to implement or prosecute said particular matter, to be made or awarded subsequent to such disclosure, and which could materially affect said disclosed interest, shall be made or awarded by the corporation pursuant to regulations which require open and fair competition therefor in a manner consistent with the purpose and intent of chapter thirty B of the General Laws; provided, that the term "contract" as set forth in the first clause of this sentence shall be as defined in section two of said chapter thirty B, subject to the stipulation that any agreement or dealing between the corporation and a participating university the purpose of which is to assist said participating university to assume an active role in furthering the public purposes of this chapter shall be deemed to be excluded from said term as a "grant agreement" as defined in said section two, and subject to the further stipulation that any cash donation agreement between the corporation and a participating business, the terms and conditions of which are disclosed as provided pursuant to clause (l) of section four of this chapter, shall also be deemed to be excluded from said term; provided, further, that the term "acquisition or disposition of real property" as set forth in the first clause of this sentence shall be as generally employed by section sixteen of said chapter thirty B, subject to the stipulation that any license agreement which is either subject to termination at the will of the corporation or of less than two years duration and nonexclusive to the licensee shall be deemed to be excluded from said term.

Section 4D. In furtherance of the revised public purpose of the corporation as set forth in section one A of this chapter, the mission of the microelectronics center shall hereinafter be deemed to include the following essential tasks:

(a) to continue to support and challenge the engineering universities of the commonwealth to provide a world-class, hands-on educational experience for their students in semiconductor technology which remains responsive to the needs of industry and the rapid pace and changing direction of the technology;

(b) to otherwise aggressively employ the full breadth of the center's institutional resources, including the forum provided by the corporation's board, the center's significant physical and technical resources, and the resources and strengths of the center's participating universities, to discharge the essential governmental functions set forth in section 4B and elsewhere in this chapter and thereby support firms in the electronics and related industries to maintain, expand and locate their business activities in the commonwealth and create and retain increased and more rewarding employment opportunities for the citizens hereof; and

(c) to position the center to defray its expenses of administration and operation in a manner wholly self-sufficient of regular, annual maintenance funding thereof through a comprehensive program of cost reduction, increased support from participating businesses and universities, the aggressive pursuit of federal and industry grants, and the full exploitation of the revenue generation potential of its essential governmental functions.

SECTION 301. Said chapter 40J of the General Laws, as so appearing, is hereby further amended by deleting the sixth paragraph of section five thereof.

SECTION 302. Chapter 466 of the Acts of 1984 is hereby further amended by inserting, after the first paragraph of section two thereof, the following paragraph:-

Notwithstanding any general or special law to the contrary, the corporation shall reimburse the commonwealth for the aggregate amount of any funds credited to the center fund of the corporation pursuant to paragraph two of section two of chapter four hundred and sixty-six of the acts of nineteen hundred and eighty-four. Payments in reimbursement as aforesaid shall be made by the treasurer of the corporation to the secretary for administration and finance pursuant to a schedule therefor to be negotiated by and between said secretary and the board of directors of the corporation; provided, that copies of said reimbursement schedule shall be filed with the house and senate committees on ways and means on or before April fifteenth, nineteen hundred and ninety-two; provided, further, that said schedule shall provide for the final payment in full satisfaction of said reimbursement obligation to be made on or before June thirtieth, two thousand and two. If said board of directors, subsequent to the execution of said reimbursement schedule and upon a thorough review of its revenues and relevant resources and obligations, shall determine that it is unable to make a timely payment as provided by said reimbursement schedule, then the board may petition said secretary for a revision in the reimbursement schedule; provided, that copies of any such revised reimbursement schedule shall be provided to the house and senate committees on ways and means within fifteen days of the execution thereof; provided, further, that no such revised reimbursement schedule shall provide for a final payment at a date later than the date specified therefore in the preceding sentence. If said board, having determined that it is unable to make a timely payment as aforesaid, determines, further, that no revision in said reimbursement schedule would remedy that circumstance, it shall so notify the general court which may dissolve the corporation and direct the dissolution of its assets or take any other action as it deems appropriate as provided pursuant to the fifth paragraph of section five of chapter forty J of the general laws. In furtherance thereof, and to otherwise protect and preserve the commonwealth's investment in the corporation, the commonwealth shall retain its reversionary interest in any and all real property of the corporation, as said reversionary interest is described in the section four of chapter four hundred and five of the acts of nineteen hundred and eighty-four, and any action by, for or against the corporation which is inconsistent with or in contravention of said interest shall be null and void. The corporation is hereby specifically proscribed from entering into any agreement with regard to the sale of any of its real property or any lease agreement with a duration in excess of five years, excluding any extensions thereof; provided, that no such lease extension agreement shall, as of the date of its execution, provide for a remaining lease term in excess of said five year duration; and provided, further, that in the event of any reversion to the commonwealth as provided herein, the commonwealth shall take title subject to any properly executed lease then in effect.

SECTION 303. Notwithstanding any general or special law to the contrary, the Massachusetts technology park corporation shall cease to receive funding or financial support of any kind from the commonwealth on June thirtieth, nineteen hundred and ninety-two.

SECTION 304. Each public school district which admits children under the provisions of section twelve B of chapter seventy-six of the General Laws, as amended by section twenty-three of chapter six of the acts of nineteen hundred and ninety-one, shall certify to the state treasurer the number of such children attending its public schools, the city or town of residence of each such child, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence; provided that such certification shall be made on October first, nineteen hundred and ninety-one and April first, nineteen hundred and ninety-two; and provided further, that, notwithstanding the provisions of section three of this act to the contrary, including its notwithstanding clause, the state treasurer shall deduct said itemized amounts from the distributions to be made to each city or town from item 7061-0008 of section two of this act prior to said distribution; and provided further, that the amounts so deducted shall be credited to item 0610-1500 of section two of this act. Each school district submitting a certification to the state treasurer shall also submit a copy of said certification to the department of education. Said department may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of said section twelve B of said chapter seventy-six and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district.

Notwithstanding the provisions of this section or any general or special law to the contrary, any school district which admitted children on a private tuition basis prior to June thirtieth, nineteen hundred and ninety-one may continue, on that basis, to admit any child who attended its school system prior to that date, as well as any sibling of step-sibling of such child and any foster child residing in the home of such child; provided, that any school system which admits children under the terms of this provision may also choose, or not choose, to admit children for whom the commonwealth pays the tuition required by section 12B of chapter 76 of the General Laws. This paragraph shall not preclude any school system from admitting children, including those described above, under the provisions of said section 12B of said chapter 76 of the General Laws.

SECTION 305. Chapter 10 of the General Laws is hereby amended by inserting after section 35L the following section:-

Section 35J. There is hereby established and set up on the books of the commonwealth a separate fund known as the Massachusetts Tourism Fund, into which shall be deposited thirty-five percent of the revenues received from the tax imposed by section three of chapter sixty-four G, and section twenty-two of chapter five hundred and forty-six of the acts of nineteen hundred and sixty-nine. Monies in said fund shall be applied subject to appropriation by the General Court as follows:

(a) forty percent to the office of travel and tourism for tourism promotion programs;

(b) thirty-eight percent to the Massachusetts Convention Center Authority established under the provisions of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two for operating expenses in excess of income from convention activities;

(c) nineteen percent for financial assistance to tourist promotion agencies under the provisions of section fourteen of chapter twenty-three A;

(d) three percent for the expenses of the Massachusetts International Trade Council.

SECTION 306. If any provision of section thirty-five J of chapter ten of the General Laws, as added by section one hundred twenty-one of this act or the application of any such provision to any person or circumstance shall be held invalid or unconstitutional, the other provisions of said section or the application of said section or provision to any person or circumstance other than that as to which it is held invalid or unconstitutional, shall not be affected thereby.

SECTION 307. Section 31 of chapter 190 of the acts of 1982 is hereby amended by striking out the tenth paragraph and inserting in place thereof the following paragraphs:-

The overwhelming proportion of specific and precisely measurable revenues generated by the convention center (as distinguished from excises such as the meals tax) will be in the form of hotel and motel room taxes collected from persons attending conventions and paid by the various hostelries directly to the commonwealth and those of its cities and towns which opt to impose local excises. However, the comparatively small but still substantial costs of operations in the highly competitive convention and meeting industry will be paid out by the authority. This may be expected to result in an apparent operating deficit similar to that experienced by the generality of convention centers throughout the nation. It is hereby found and determined that one appropriate means of defraying a portion of the expected operating deficits of the convention center is the combination within the authority of both the convention center and a separate revenue producing facility situated in the vicinity of said center. There presently exists within the city of Boston a facility, known as the Boston common parking garage, which is most suited for this purpose. The consolidation under one authority of the Boston common parking garage with the convention center shall help to assure the financial feasibility of both endeavors without increasing the tax burden to citizens of the commonwealth. It is further found and determined that to the extent revenues from the operation of the combined facilities may be insufficient to defray the operating deficits of an internationally prominent convention center by the authority, it is in the interest of both the commonwealth and its cities and towns that sufficient revenues be made available from other sources to the authority to assure the accomplishment of its statutory purposes.

It is further found and determined that the interest of the commonwealth as well as that of its cities and towns in the development of properly maintained and operated convention, civic and conference centers and exhibition halls or like facilities, shall best be served by the involvement of the Authority in the establishment of a statewide plan of funding, development, and promotion of such centers. Statewide coordination of such activities is necessary to assure that local development needs will be most appropriately assisted through the provision of financial assistance, technical consultation, and promotional activities in both the national and international markets.

In order to provide the authority with the resources needed to operate and maintain an internationally prominent convention center as well as to coordinate a statewide plan of funding, development and promotion of local facilities, the commonwealth must be willing to commit to the provision of long-term financial assistance to the authority. Both the commonwealth and those of its cities and towns which opt to impose local excises will realize substantially increased room occupancy excise collections as a result of the endeavors of the authority. To the degree not inconsistent with the provisions of sections thirty-one through fifty, inclusive, of this act, the authority shall be considered a municipal corporation.

SECTION 308. Chapter 100 of the acts of 1982 is hereby amended by striking out section 32, as most recently amended by section 4 of chapter 629 of the acts of 1982, and inserting in place thereof the following section:-

Section 32. The following words and phrases, as used in sections thirty-one to fifty, inclusive, shall unless the context otherwise requires, have the following meanings:

"Act", the provisions of sections thirty-one to fifty, inclusive, of this chapter, as amended and supplemented from time to time.

"Authority", the Massachusetts Convention Center Authority created by section thirty-three of this act or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to which the powers given by this act to the authority shall be given by law.

"Bonds", any bonds, notes, or evidences of indebtedness by the authority.

"Boston Common Parking Garage", the facility, presently under the control of the Massachusetts parking authority, used for the parking of motor vehicles and located under the Boston Common in the city of Boston.

"City", the city of Boston.

"Cost of a project" shall embrace the cost, whenever incurred, of carrying out a project pursuant to the provisions of this chapter and placing it in operation, including without limiting the generality of the foregoing, the cost of acquisition, construction, expansion and rehabilitation, architectural and engineering services, plans, specifications, surveys, estimates of cost and revenues, other expenses necessary or incident to determining the feasibility or practicality of the project, expenses of administration, legal expenses and such other expenses as may be necessary or incident to the aforesaid, to the financing thereof and to the issuance therefor of bonds under the provisions of this act, interest prior to and during the carrying out of any project and for a reasonable period thereafter, and such reserves for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing bonds of the Authority.

"John B. Hynes Veterans Memorial Auditorium", the facility presently bearing that name, located in, and presently under the control of the city of Boston.

"Massachusetts Parking Authority", the authority bearing that name and established pursuant to chapter six hundred and six of the acts of nineteen hundred and fifty-eight.

"Mayor", the mayor of the city of Boston.

"Net cost of operations", the difference between (a) all current expenses incurred by the Authority, including but not limited to the costs of conducting competitive national and international marketing programs to attract conventions and meetings, expenses for operations, wages, contracts for service by others, maintenance, debt service including any debts, liabilities and obligations assumed under the provisions of law and including any applicable sinking fund requirements, rentals, insurance, indemnification of past or present members, officers, employees or other agents, reasonable and proper reserves or sinking funds for any of the foregoing, and all other expenses which the Authority determines not to capitalize, including expenses for any studies, including feasibility studies, authorized by this act and expenses for preliminary technical assistance and consultation to public and private groups in connection with developing proposals for projects, and (b) all income received by the Authority, including but not limited to revenues and receipts from operations, parking, sale of capital assets in the ordinary course of business, and gifts and grants for current purposes. Expenditures from the proceeds of bonds or bond anticipation notes shall not be included in current expenses. Any appropriations to meet the estimated net cost of operations provided to the Authority by the commonwealth shall not be included in income received by the Authority for purposes of this definition.

"Project", the acquisition, construction, expansion, rehabilitation or improvement, or any combination of the foregoing, or the operation, promotion and maintenance of a convention center, civic center, parking facilities, whether or not for the purpose of furnishing parking for such convention center, conference center or other like facility, together with any revenue-producing facility or facilities supportive thereof, or any facility or facilities ancillary thereto, such as facilities necessary to provide services or accommodations to the public in connection therewith, the provision and installation therein or in respect thereof of furnishings, furniture, machinery, equipment, facilities, approaches, driveways, walkways, parking facilities, planting and landscaping, the acquisition of land or other property, or rights, easements and interests acquired for or in respect to any such land or property, the demolition or removal of any buildings or structures on land so acquired or in or with respect to which interests are so acquired, and site preparation. Whenever appropriate the word shall also mean such land, buildings or structures and such appurtenances.

"Users", those who enter into contractual obligations with the Authority to use its facilities.

SECTION 309. Section 35 of said chapter 190 is hereby amended by striking out clause (j) and inserting in place thereof the following clause:-

(j) To engage architects, consulting engineers, attorneys, construction, financial, promotional and other experts, superintendents, managers, construction managers, and such others as may be necessary in its judgment and to fix their compensation.

SECTION 310. Clause (n) of said section 35, as amended by section 7 of chapter 629 of the acts of 1982, is hereby further amended by inserting, in line 14, after the word "Laws", the following words:- and regulations referred to therein or adopted pursuant thereto, or by section twenty-one of chapter forty of the General Laws, and regulations referred to therein or adopted pursuant thereto.

SECTION 311. Said section 35 is hereby further amended by striking out clause (u) and clause (v), as added by section 7 of said chapter 629, and inserting in place thereof the following four clauses:-

(u) To rent or lease to, or otherwise make available for use or occupancy by, any public or private entity, any building, structure or other facility or portion thereof under the control or jurisdiction of the authority and to establish rules and regulations related to such renting, leasing, use or occupancy; provided that no such facility shall be placed so exclusively at the disposal of one or more users as to unduly restrict a diversity of use by others in the public interest.

(v) To contract with and to grant concessions to any public or private entity for the operation of any building, structure or other facility or portion thereof under the control or jurisdiction of the authority, or for the furnishing of goods and services thereto or to persons admitted thereto.

(w) To promote and encourage the use of civic, conference or convention centers, exhibition halls or like facilities throughout the commonwealth by entering into contracts at its discretion with interested public bodies, including without limitation those who have received grants under section fourteen of chapter twenty-three A of the General Laws, to provide technical assistance and consultation or to manage or operate such facilities, or to purchase, lease or otherwise acquire such facilities, or by other appropriate means.

(x) To do all things necessary, convenient, or desirable to carry out the purposes of this act.

In exercising its powers under clauses (o), (u), (v), and (w), the Authority may, where appropriate, contract and grant concessions for goods, services or promotions, and may rent, lease or make available facilities to users of any type on an exclusive basis, and may limit or displace competition and authorize such contracts, grants, rentals, leases or other arrangements to be entered into separately or in combination, whenever, in the Authority's judgement, to do so is necessary or desirable to further its public purposes; provided, however, that in making arrangement under said clauses with persons and entities operating for profit, the authority shall impose on them charges representing at least the fair market value of the privileges afforded and at least comparable to those which would be charged by a private owner or manager.

SECTION 312. Said chapter 190 is hereby further amended by inserting after section 35 the following section:-

Section 35A. The executive director of the Authority shall annually, on or before a date set by the secretary of administration and finance, submit to the budget director statements prepared in accordance with section three of chapter twenty-nine of the General Laws, indicating the estimated net cost of operations of the Authority for the next fiscal year and requesting an appropriation from the commonwealth in an amount necessary to meet such net cost of operations.

SECTION 313. Said chapter 190 is hereby further amended by inserting after section 38J, inserted by section 13 of chapter 629 of the acts of 1982, the following four sections:-

Section 38K. The Authority is hereby authorized and directed to prepare and submit to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the senate committee on ways and means, the chairman of the house committee on ways and means, and the secretary of administration and finance, a comprehensive report on the adequacy of existing facilities throughout the commonwealth to attract and accommodate large gatherings of governmental, civic, trade, industry, and other national or international groups who wish to conduct conventions, meetings and other similar events within the commonwealth, together with a recommended program for upgrading and expanding such facilities and maximizing their use to the end that increased numbers of visitors will be attracted to various areas and municipalities of the commonwealth to promote economic health throughout the commonwealth. There may be submitted as part of said report one or more studies conducted by independent consultants as to the feasibility of establishing or improving and operating specific facilities for the foregoing purposes, including:

(a) a description of the locations deemed suitable by the Authority for such facilities;

(b) a description of the lands, structures, fixtures, and facilities deemed necessary or appropriate by the Authority for the construction or reconstruction of such facilities;

(c) an estimate of the capital expenses estimated by the Authority as necessary for the construction or reconstruction of such facilities;

(d) an estimate of the operational expenses estimated by the authority as necessary for the operation and maintenance of such facilities; and

(e) a proposal by the Authority for the provision of funds sufficient to meet the capital and operating costs, including projected income, associated with such facilities.

Section 38L. Prior to undertaking any project not located in the city of Boston, the Authority shall submit a proposal for such project to the secretary of administration for certification and approval. The proposal shall include a feasibility study of the proposed project including the project costs, sources of funding for project costs, the project schedule, an analysis of the economic benefits such as increased tax revenues and employment to the project region and to the commonwealth resulting from the project, an analysis of the operating costs of any constructed, newly acquired, expanded, or improved facility for the first five years of operation following construction, acquisition, expansion or improvements and sources of revenue available to meet those operating costs and such other information as will assist said secretary in making a determination.

If said secretary, in consultation with the division of capital planning and operations and based upon any information required and obtained by said secretary from the Authority or other governmental entity, determines that the proposal provides a reasonably accurate estimate of the project requirement, costs and schedule, and that the project can be accomplished without substantial deviation therefrom; a reasonably accurate statement of the needs for and benefits of the project; a reasonably accurate estimate of operating costs and the revenue available to meet those operating costs; and a reasonably accurate statement as to the sources of funding available or required to complete the project, said secretary shall certify the same and shall approve the proposal. Any proposal not certified and approved or disapproved by said secretary within said sixty days shall be deemed approved unless said secretary provides the Authority with the reasons, in writing, for his refusal to certify the proposal and affords the Authority a reasonable opportunity to cure any defects.

Section 38M. Any city, town, or other political subdivision or public instrumentality in the commonwealth may, with the consent of the Authority, and subject to the provisions of section thirty-eight N of this act, sell, lease, or otherwise transfer any convention center, civic center, conference center, exhibition hall or like facility together with any ancillary facilities as described in the definition of "Project" in section thirty-two and any real property interests or other property connected therewith to the authority with or without consideration, or may contract for the authority to manage, operate and promote the same on such terms as may be agreed upon, any such sale, lease, transfer, or contract to be authorized, in the case of a city or town, by a majority vote as defined in section one of chapter forty-four of the General Laws. Such authorization may be in general terms.

Section 38N. (a) The Authority shall not consent to any sale, lease, transfer or contract pursuant to section thirty-eight M, nor shall the Authority in connection with any capital facility project for which the estimated construction cost is equal to or greater than one million dollars enter into any contracts, incur any other obligation, or cause to be performed any design services or construction, other than preparation of master plans, studies, surveys, soil tests, cost estimates, or programs, unless such sale, lease, transfer of contract or such capital facility project has been authorized by the general court or is necessary for the maintenance or repair of a capital facility owned by, the Authority. Every authorization for such sale, lease, transfer or contract or for such capital facility project shall be deemed to require the satisfactory completion of an antecedent feasibility study and program unless such authorization explicitly states that no such study program need or shall be done.

(b) A feasibility study and program shall not be deemed satisfactorily completed unless and until it is approved by the general court. The Authority shall file with the clerks of the senate and the house of representatives and the senate and house committees on ways and means any feasibility studies or program for which the Authority seeks approval by the general court. When the Authority has filed a feasibility study and program prior to authorization by the general court of a sale, lease, transfer, contract, or capital facility project pursuant to paragraph (a) such authorization shall to the extent provided constitute the approval of the feasibility study and program.

(c) For the purposes of this section, the terms "capital facility program", "study", and "program", shall have the meanings set forth in section thirty-nine A of chapter seven of the General Laws.

(d) The Authority shall not consent to any sale, lease, transfer, or contract, subject to the provisions of paragraph (a), nor shall the Authority enter into any contract or incur any obligation or cause to be performed design services or construction for a capital facilities project subject to the provisions of paragraph (a), unless the executive director certifies in writing that such sale, lease, transfer, or contract or such design services, or such construction, as the case may be, shall be undertaken in conformity with the authorization from the general court and without substantial deviation from the study and program, and within the project cost limits specified by the appropriation or authorization. In no event shall design or construction work be such as would result in a change in the number of gross square feet to be constructed in the project of more than ten percent from the number specified in the study or program.

SECTION 314. Section 39I of said chapter 190, as inserted by section 15 of said chapter 629, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The contract entered into pursuant to the provisions of this section shall require in connection with each designation thereunder a certification from the executive director of the Authority, expressly approved by the authority at a regular or special meeting of the authority, to the effect that the Authority is in compliance with all applicable provisions of law, including without limitation the applicable provisions of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two and chapters twenty-nine, thirty, and one hundred and forty-nine of the General Laws; that the Authority is in compliance with all applicable laws within the jurisdiction of the office of the inspector general of the commonwealth; that the Authority has reasonably relied on independent professional expertise and advice in all aspects of the project covered by such designation directly or indirectly affecting present or prospective costs to the commonwealth; and that the Authority has consulted with the finance advisory board established by section ninety-seven of chapter six of the General Laws as to the timing and terms of the bonds described in such designation. Such contract may also provide that such contract assistance shall be paid by the commonwealth directly to the trustee or paying agent for the bond with respect to which the contract assistance is provided.

SECTION 315. The Massachusetts Convention Center Authority is hereby authorized to expend funds heretofore granted to it pursuant to section forty-seven of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two to pay the cost of any project or projects as defined in section thirty-two of said chapter one hundred and ninety; provided that the project is not inconsistent with the purposes of chapter six hundred and twenty-nine of the acts of nineteen hundred eighty-two.

SECTION 316. Section one hundred and fifty-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine as amended by section one hundred and fifty-seven of chapter one hundred and fifty of the acts of nineteen hundred and ninety is hereby repealed.

SECTION 317. (a) The department of public welfare is hereby directed to study the feasibility and cost-efficacy of a voluntary work experience program including but not limited to a community service work program for certain recipients of aid to families with dependent children. The study shall be directed at designing a program with incentives for and methods of decreasing generational dependency on public assistance. The department shall consider the benefit of incentives such as the provision of a non-countable stipend as reimbursement to volunteers for work-related expenses; provided that part or all of said stipend may be provided by the organization benefitting from the services. If a city or town receives the services, then no stipend shall be provided. The target population to be served by the program shall include but not be limited to long-term present recipients of public assistance who have been on the caseload more than five years.

The department shall submit a report of its findings and a draft of proposed legislation to implement the plan recommended by said report to the committee on human services and elderly affairs and the house and senate committees on ways and means no later than October first, nineteen hundred and ninety-one.

(b) The mandatory public assistance work program plan required to be submitted by the secretary of human services pursuant to section eight of chapter seventy-five of the acts of nineteen hundred and ninety shall be submitted by said secretary no later than August first, nineteen hundred and ninety-one.

SECTION 318. The trustees of the University of Massachusetts are hereby directed to study ways in which the University of Massachusetts Medical School can increase revenues to sustain said medical school. Said study shall include but not be limited to an investigation of the implications of creating independent status for the medical school or having the medical school seek designation as a non-profit institution. The trustees shall submit its recommendations together with any legislation to the house and senate ways and means committees and the joint committee on education on or before December thirty-first, nineteen hundred and ninety-one.

SECTION 319. Section 1L of Chapter 15 of the General Laws is hereby deleted.

SECTION 320. Chapter 19A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after section 36 the following section:-

Section 37. The school committee of any city or town with the approval of the secretary of elder affairs may extend the school lunch period for the purpose of serving lunches to authorized elderly persons. Independent schools in any city or town so approved may also participate. Private nonprofit organizations or public non-school agencies approved by the secretary of elder affairs may also serve lunches to authorized elderly persons at locations convenient to the elderly.

The governing body of each city and town shall be responsible for developing a plan for a year-round hot lunch program for the elderly.

The department of elder affairs may contract with public or independent school systems, private nonprofit organizations or public non-school agencies for the preparation and serving of meals to the elderly in accordance with the provisions of this section.

To the extent feasible, the department may select as the primary contractors under this program agencies and organizations which receive funding under Title III of the Older Americans Act, as amended, or state funds to operate nonprofit congregate and home delivered meals programs for the elderly, as set forth in regulations of the department. Such primary contractors shall subcontract with one or more of the school systems, organizations or agencies set forth in the previous paragraph in order to incorporate the existing school lunch programs for the elderly into the nutrition services program under Title III of the Older Americans Act, as amended.

Such meals may be prepared by such public school systems, independent schools, agencies and organizations on site or be prepared in central production centers for service at sites more convenient to the elderly; provided, however, that no person shall pay more than one dollar for each meal.

The operation of such school lunch programs by public or independent school systems, private nonprofit organizations or public non-school agencies shall be subject to the following conditions and restrictions:

(1) Each program shall solicit voluntary contributions for each meal furnished in accordance with the requirements of Title IIIB of the Older Americans Act of 1965, as amended.

Contributions, other income earned by these programs and United States department of agriculture commodities and cash in lieu of commodities for which each such program shall become eligible shall be used with state and federal funds received to increase the number of meals served under the program, facilitate access to such meals and provide other supportive services directly related to nutrition services. Each program shall establish appropriate procedures to safeguard and account for all contributions.

(2) The lunches served shall meet the nutritional standards established in accordance with Title III of the Older Americans Act of 1965, as amended.

(3) The procedures determined by each designated school committee or independent school in serving such lunches shall be approved by the department of elder affairs.

As used in this section, the words "authorized elderly persons" shall mean persons sixty years of age and over and their spouses. Subject to appropriation, the commonwealth may reimburse any city, town, or regional public or independent school system or any public non-school or private nonprofit agency for certain costs approved by the department as are incurred in excess of the voluntary contributions received for each such lunch prepared and served. Subject to appropriation, such approved costs shall be reimbursed upon written request by such city, town, regional public or independent school system, public non-school or private nonprofit agency to the secretary of elder affairs on a form as he may prescribe. If the secretary approves such request, he shall certify to the comptroller that such payments are due and the state treasurer shall pay the same.

SECTION 321. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the secretary of human services, in conjunction with the commissioner of public employee retirement administration, shall develop and implement a temporary modified work program, in accordance with which transitional modified duty jobs shall be offered to all employees of agencies within the executive office of human services, who are receiving payments pursuant to chapter one hundred and fifty-two of the General Laws.

SECTION 322. Notwithstanding the provisions of any general or special law, or rule or regulation to the contrary, the secretary of human services, pursuant to standards established by the commissioner of public employee retirement administration, shall establish a preferred medical provider network, and contract with providers for this purpose, for the treatment and rehabilitation of employees of agencies within the executive office of human services who suffer work-related injuries and illnesses. Said employees shall be encouraged to make use of the providers in this network. The officer in each agency responsible for workers' compensation case management shall be required to closely monitor said employees' progress throughout the course of treatment, in accordance with established protocols, by providers of this network, and offer assistance to said employees with respect to facilitating their access to medical care.

SECTION 323. The secretary of administration and finance, in conjunction with the secretaries of human services and public safety, is hereby directed to promulgate regulations by September first, nineteen hundred and ninety-one, in accordance with the requirements of chapter thirty A, governing the award of compensation under the fourth paragraph of section fifty-eight of chapter thirty of the General Laws, as appearing in the nineteen hundred and ninety Official Edition, to employees of agencies within the executive offices of human services and public safety. Said regulations shall include, but not be limited to, standards to determine circumstances in which such compensation is appropriate.

SECTION 324. Notwithstanding the provisions of any general or special law, or rule or regulation to the contrary, no compensation under the fourth paragraph of section fifty-eight of chapter thirty shall be paid to employees of agencies within the executive offices of human services and public safety, without certification of said employees' eligibility for such compensation by the secretaries of human services and public safety, respectively.

SECTION 325. The secretary of human services shall insure that each agency within the executive office of human services assigns a management-level officer the responsibility for workers' compensation case management. Duties of said officers with regard to oversight of the workers' compensation claims process shall include, but not be limited to, initial investigation of claims, directing agency-level claims processing, coordinating the agency relationship with the division of public employee retirement administration workers' compensation unit, and administering the temporary modified work program and preferred medical provider network for the agency.

SECTION 326. The secretaries of human services and public safety shall direct the head of each agency within the executive offices of human services and public safety, respectively, to study and monitor, on an ongoing basis, the impact of sections 321, 322, 323, 324 and 325 of this act on the workers' compensation costs of his agency. Said secretaries shall be responsible for collecting and analyzing data submitted to him from said heads of agencies, and shall submit his findings, conclusions and recommendations for changes requiring legislation, if any, in the form of a report to the senate and house committees on ways and means, on or before March thirty-first, nineteen hundred and ninety-two, and annually on that date thereafter.

SECTION 327. In the interest of providing continued rental assistance for households that may otherwise be subject to termination or reduction of their chapter 707, so-called, rental subsidies or vouchers, due to reductions in the funding of said rental assistance program, the secretary of communities and development is hereby authorized and directed to establish a ranking system for federal and local preferences to be utilized by the executive office of communities and development, by regional non-profit organizations under contract with said executive office, and by persons who own, operate or administer housing developments and programs assisted under section eight of the United States Housing Act of 1937, including developments financed by the Massachusetts Housing Finance Agency, but not including local housing authorities, in determining the priority to be given to applicants for such public and subsidized housing programs. Under such ranking system, first priority for units and subsidies which become available in section 8, so-called, housing developments and programs shall be given to households who, as a result of the reduction of the household's existing chapter 707 rental assistance, through no fault of the tenant household, shall be required to pay more than fifty percent of their household income for rent and tenant-paid utilities, not including telephone, and who are otherwise eligible for said section 8 housing program or development. Such ranking system shall be established no later than August first, nineteen hundred and ninety-one, in accordance with regulations promulgated by the executive office of communities and development under chapter thirty A. Such ranking system shall comply with federal statutory preferences and other federal law, and shall supersede any applicant selection system previously established for such development or program. If approval or a waiver by a federal agency is required to implement such ranking system, the executive office of communities and development shall submit the system for waiver or approval to the applicable federal agency by no later than August first, nineteen hundred and ninety-one. A separate determination that the contract rent is reasonable in relation to rents currently being charged for comparable units in the private unassisted market and not in excess of rents currently being charged by the owner for comparable unassisted units shall be made, in accordance with federal law, for units assigned a section 8 certificate or voucher as a result of this section.

SECTION 328. By no later than October first, nineteen hundred and ninety-one, the appropriate local authority and the executive office of communities and development shall review all outstanding rental assistance certificates funded pursuant to line item 3722-9024 of section two of this act to determine the degree to which the total rent charged for a unit with a tenant who is a holder of a so-called chapter seven hundred and seven certificate reflects accurately the current market rents for comparable units within the general rental area, shall initiate discussions with all owners of property in which five or more units are occupied by tenants who hold said seven hundred and seven certificates in order to negotiate a reduction in rents for said units by an appropriate percentage of the rent charged for the unit in the fiscal year ending June thirtieth, nineteen hundred and ninety-one, and shall adopt and approve a revised scale of rents under section forty-three of chapter one hundred and twenty-one B of the General Laws which reflects said decreases in rental charges.

SECTION 329. Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of human services, is hereby directed to develop and implement a sliding schedule of fees for the provision of services funded by departments and commissions within the executive office of human services. Fees charged under said sliding schedule shall be based on the financial circumstances of the affected service recipient, including, but not limited to, income, assets and liabilities. Each such department or commission shall provide affected recipients of services at least thirty days' notice of an impending fee copayment change before implementation of such sliding schedule. No such fees shall be charged to individuals and families whose incomes are at or below two hundred percent of the federal poverty line. Commissioners of departments or commissions in the executive office of human services shall be authorized to waive or adjust a service recipient's sliding fee copayment if the commissioner determines that imposition of a fee at the scheduled level would interfere with the service recipient's ability to receive services, for reasons including, but not limited to, financial hardship due to recent disaster, or extraordinary medical or rental expenses. The secretary of administration and finance shall file a schedule of fees, including an estimate of new costs and revenues resulting therefrom, with the senate and house committees on ways and means no later than October first, nineteen hundred and ninety-one.

The secretary of administration and finance, in consultation with the secretary of human services and the commissioner of social services, shall undertake a study of the feasibility of implementing a sliding schedule of subsidies for adoptive families, under which the amount of subsidy paid by the department of social services to an adoptive family would be based on the financial resources and circumstances of the adoptive family. Said study shall include, but not be limited to, a review of all pertinent federal statutes and regulations, and a consideration of their requirements in conjunction with any such sliding schedule of subsidies. The secretary of administration and finance shall file a report of his study's findings and conclusions, and recommendations, if any, along with draft legislation to carry such recommendation into effect, with the clerk of the house of representatives and the clerk of the senate no later than October first, nienteen hundred and ninety-two.

SECTION 330. Notwithstanding the provisions of section five of chapter seventy A of the General Laws, for the fiscal year nineteen hundred and ninety-two, no city or town shall be ineligible for an equal educational opportunity grant by reason of its failure to meet the requirements of said section five if the following conditions are met: (1) the city or town is under the supervision of a financial control board, and (2) the commissioner of revenue determines that a financial emergency is likely to exist in the city or town in fiscal year nineteen hundred and ninety-two.

SECTION 331. Section 148 of chapter 149 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding after the third paragraph the following paragraph:-

This section shall not apply to employees of cities, towns, counties, regional school districts, or other political subdivisions of the commonwealth.

SECTION 332. Section 245 of chapter 653 of the acts of 1989, as most recently amended by chapter 340 of the acts of 1990, is hereby further amended by striking the text of said section and inserting in place thereof the following:-

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-two.

SECTION 333. Section 5B of chapter 40 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in the third paragraph the words "or for such other municipal purpose as is approved by said Emergency Finance Board" and inserting in place thereof the following words:- or for any other lawful purpose.

SECTION 334. Notwithstanding any general or special law, rule or regulation to the contrary, any city or town contracting for expert property reappraisal services may provide in such contract that payment for such services may be made over a multiyear period; provided, however, that such period may not exceed three years.

SECTION 335. Section 7A of chapter 71 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out clause (d) of the first sentence of the first paragraph, and inserting in place thereof the following clauses:-

(d) no contract shall be awarded except upon the basis of prevailing wage rates, as hereinafter provided, and of competitive sealed bids pursuant to chapter thirty B; and (e) no reimbursement for transporting a pupil between school and home shall be made to a school system which does not certify to the department of education in a manner prescribed by the department that the average number of students transported over a period of an academic year does not equal or exceed seventy-five percent of the carrying capacity of the bus or other transportation system used by said school system provided however, that this section shall not apply to any school district which is, or has been, subject to the provisions of a court-ordered busing program.

SECTION 336. Section seventeen of chapter seventy-one of the General Laws is hereby repealed.

SECTION 337. The board of regents is hereby authorized, with the assistance of the executive office for administration and finance, to prepare a report evaluating undergraduate programs of study in the state colleges and public universities of the commonwealth. In conducting their evaluation the board shall identify (1) those undergraduate programs of study in which the ratio of enrolled students to faculty is one-half or less of the statewide average; (2) those undergraduate programs unaccredited by a nationally or regionally recognized accrediting body; and (3) associate degree programs at the state colleges and universities, but not including programs at the community colleges of the commonwealth. The board shall establish a plan for the elimination of programs which fall into the aforementioned categories, provided that the board may exclude such a program from the plan for elimination if the board articulates specific and compelling justifications for the programs continuance. The board shall file its report, including its plan to eliminate programs falling within the categories delineated in this section, and any statutory or regulatory changes needed to implement said plan, with the clerk of the house of representatives and the clerk of the senate by the first Wednesday in January of nineteen hundred and ninety-two.

SECTION 338. The Massachusetts State Scholarship Office, in conjunction with the Massachusetts Higher Education Assistance Corporation, the Massachusetts Educational Financing Authority, The Education Resource Institute and the Association of Independent Colleges and Universities of Massachusetts, is hereby authorized and directed to conduct a study of financial aid resources available to Massachusetts residents applying or enrolled in a public or private institution of higher education. The study shall provide information which shall include, but not be limited to, sources of institutional aid, all other state and federal sources of financial aid, a profile of students served by each program, the costs of borrowing, the costs of education, the unmet needs of students, the possible limitations on access imposed by maximum loan levels at the state or federal level, and any pending state and federal legislation which could affect the availability of financial aid. The study shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than October first, nineteen hundred and ninety-one.

SECTION 339. All institutions of public higher education in the commonwealth are hereby authorized and directed to implement plans to report all trust fund and retained revenue expenditures by subsidiary on the Massachusetts Management Accounting Reports System (MMARS) by July first, nineteen hundred and ninety-two.

SECTION 340. Said section 3 of said chapter 71B is hereby amended by striking out the thirteenth paragraph, as so appearing, and inserting in place thereof the following paragraph:-

If the parents, guardians or persons with custody reject the educational placement recommended by the department and desire a program other than a regular education program, they may proceed to the superior court with jurisdiction over the residence of the child and said court shall be authorized to order the placement of the child in an appropriate education program.

SECTION 341. (a) The secretary of human services is hereby authorized, subject to the requirements of Title XIX of the Social Security Act, to take such actions necessary to revise the schedule of medical benefits available to recipients of medical assistance pursuant to said chapter one hundred and eighteen E, to revise eligibility standards for such assistance, and to make such other revisions in regulations and policies of the department of public welfare necessary to reduce expenditures for said medical assistance program to the level made available by this act. In making such revisions, said program of medical assistance is hereby further authorized to:

(1) seek waivers of any federal requirements;

(2) exercise its authority under section four A of said chapter one hundred and eighteen E to review proposed rates and rate methodologies to insure that rates of payment to providers are consistent with the provisions of said section four A and this act;

(3) limit the number of days of reimbursement permitted for hospital patients;

(4) pursuant to section seventy-four of chapter one hundred and fifty of the acts of nineteen hundred and ninety, implement a managed care program for all beneficiaries, including the provision of differentiated benefits packages to categories of recipients;

(5) impose copayments and utilization restrictions as permitted by Title XIX;

(6) selectively contract with providers for any service;

(7) implement alternative residential settings for the provision of long-term care.

(b) Any revisions in said benefits and eligibility standards shall be implemented through the adoption of regulations promulgated pursuant to the department's regulatory process, upon a determination in writing by the secretary of human services that such revisions are required to reduce expenditures to the level made available by this act. In making such determination, the secretary may consider

(1) the role of the services and benefits proposed to be limited or eliminated in the creation of managed care programs for the elderly, disabled, families and children;

(2) the impact on federal financial participation, including the commonwealth's federal financial participation maximization initiatives;

(3) the net cost savings or increase to the commonwealth;

(4) the impact on the quality, availability and accessibility of health care services for recipients, particularly pregnant women, infants and children, and the chronically disabled, including persons with AIDS; and

(5) anticipated changes in the structure of state and federal health care delivery and finance systems, including the role of the uncompensated care pool or any successor thereto.

(c) The department of public welfare shall assist with and seek non-state funding for a study of the impact of the revisions authorized by this section on the health of recipients of medical assistance and those becoming ineligible for such assistance. Said study may include tracking of matched samples of chronically and acutely ill recipients eligible and ineligible for medical assistance or certain services or benefits, comparing medical care alternatives available and chosen by such persons and the health outcomes of such choices. A report on the findings of said study shall be filed with the house and senate committees on ways and means no later than April first, nineteen hundred and ninety-two.

SECTION 342. Paragraph (g) of section 16C of chapter 118E of the General Laws, as inserted by section 34 of chapter 6 of the acts of 1991, is hereby amended by striking the words "July first, nineteen hundred and ninety-one" and inserting in place thereof the words:- January first, nineteen hundred and ninety-two.

SECTION 343. Section 71A> of chapter 111 of the General Laws is hereby amended by striking said section and inserting in place thereof the following section:-

Section 71A>. The administrator of any facility licensed pursuant to section seventy-one shall deposit in an interest-bearing account of any bank organized and existing under the laws of the commonwealth, funds of any person who is an inpatient or resident at such facility, if such administrator agrees to manage such funds at the request of such person or the fiduciary of such person or if the administrator is a fiduciary of such person. The words "fiduciary" and "fund" shall have the same meaning found in section one of chapter one hundred and twenty-three. The interest earned on any interest-bearing account shall be distributed or credited in one of the following ways, at the election of the facility: (a) pro-rated to each patient on an actual interest earned basis for individual accounts or (b) pro-rated to each patient on the basis of his end of quarter or nearest end of month balance for collective accounts. The department shall promulgate rules and regulations to implement this section.

SECTION 344. Notwithstanding the provisions of chapter one hundred and seventeen of the General Laws or any other general or special law to the contrary, during fiscal year nineteen hundred and ninety-two a person shall be eligible for general relief benefits under said chapter one hundred and seventeen only if the person is a dependent child, a parent or other caretaker of a dependent child, a person sixty-five years of age or older, a person required to care for an incapacitated person living in the home who is in need of constant care, a full-time student under the age of twenty-one who is not otherwise ineligible under chapter one hundred and seventeen, a person participating in a vocational rehabilitation program of the Massachusetts rehabilitation commission, or a person who suffers from a medically determinable impairment or combination of impairments which is expected to last for at least sixty days and which significantly limits the individual's ability to obtain employment of twenty or more hours per week in light of the individual's age, education, skills, and work experience; provided further, that in administering this program with respect to persons applying for benefits on the basis of one or more medical impairments, the department of public welfare (a) shall require such individual to provide medical verification of the impairment or impairments, including a statement of the expected duration of the impairment or impairments and its effect on the individual's ability to obtain employment of twenty or more hours per week; (b) shall assist applicants in obtaining necessary medical verification and shall pay for a medical evaluation for an applicant who seeks to establish his or her eligibility on the basis of a medical impairment or impairments provided the applicant meets all other eligibility requirements for general relief; and (c) may establish an eligibility review system to verify that persons receiving benefits on the basis of one or more medical impairments meet the criteria of this section, but shall not delay the award of benefits beyond the time limits for a determination of eligibility otherwise required by law where the medical verification provided by the applicant establishes that the individual suffers from a medically determinable impairment or combination of impairments which is expected to last for at least sixty days and which significantly limits the individual's ability to obtain employment of twenty or more hours per week and where the individual meets all other eligibility requirements for general relief; provided further, that a person shall not be eligible for general relief benefits on the basis of student status, if the person qualifies for benefits under chapter one hundred and eighteen of the General Laws because the department has determined that the person's needs should be considered in determining the need of a child or relative claiming aid under said chapter one hundred and eighteen.

SECTION 345. The department of public welfare is hereby directed to study the impact of any changes in requirements for general relief eligibility pursuant to this act. This study shall examine the impact of any loss in general relief benefits on the families and individuals affected by any such changes, and shall include but not be limited to the rate of homelessness among such families and individuals, the ability of such families and individuals to secure employment, and the ability of such families and individuals to secure medical treatment.

SECTION 346. 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 with respect to the emergency assistance program to provide that any recipient who has received financial aid from the emergency assistance or emergency relief program more than once during a twenty-four month period shall be subject to an individual review by the assigned caseworker as to the reasons for the multiple usage of emergency services, and shall be placed by the department upon a protective payment schedule if said caseworker determines that the recipient has utilized emergency services as a result of having mismanaged funds.

SECTION 347. The department of public welfare shall submit to the house and senate committees on ways and means within sixty days of the effective date of this act, a detailed report for fiscal year nineteen hundred and ninety-one and monthly reports thereafter, by the fifteenth day of each month covering the previous month, for fiscal year nineteen hundred and ninety-two, which shall include, but not be limited to, total payments under the emergency assistance and emergency relief programs, the total number of families and persons served in said programs, including the number of recipients and the average expenditures per recipient in the following categories of assistance: rent and utility arrearages, advance rent and security deposits, emergency shelter, hotel and motel payments, and department of social services assessments. Said report shall also include a numerical breakdown, by service offices, of the utilization of said programs by recipients, and the total number of families and recipients who have received any category of assistance more than once within the same or previous calendar year. Said department shall undertake managerial and programmatic initiatives to ensure the effective management and control of said emergency assistance program and provide details of such initiatives and controls in said reports.

SECTION 348. Notwithstanding the provisions of any general or special law to the contrary, the department of public welfare is hereby authorized to enter into leases for housing units for the purpose of providing temporary shelter for up to ninety days to recipients of emergency assistance.

SECTION 349. Notwithstanding the provisions of section four of chapter four hundred and fifty-six of the acts of nineteen hundred and forty-five the city of Pittsfield is hereby authorized to withdraw from the Berkshire county mosquito control district.

SECTION 350. Enactment of this act and the appropriations made available by this act to the department of environmental protection shall be deemed a determination, pursuant to subsection (m) of section eighteen of chapter twenty-one A of the General Laws, that said appropriations for ordinary maintenance of said department from state funds other than the Environmental Challenge Fund and the Environmental Permitting and Compliance Fund are comparable to the baseline figure, as defined in said subsection, based on inflation, the department's demonstrated program improvements and efficiencies in areas other than those supported by fees, and added or reduced programmatic responsibilities of the department.

SECTION 351. The definition of "Covered claim" in section 15 of chapter 21C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 30, the word "ninety-one" and inserting in place thereof the word:- ninety-two.

SECTION 352. The first sentence of section 19 of said chapter 21C, as so appearing, is hereby amended by striking out, in line 8, the word "ninety-one" and inserting in place thereof the word:- ninety-two.

SECTION 353. Section 4 of chapter 10 of the acts of 1986 is hereby amended by striking out the word "ninety-one", as inserted by section 4 of chapter 712 of the acts of 1989, and inserting in place thereof the word:- ninety-two.

SECTION 354. The second paragraph of section 4A of said chapter 10 of the acts of 1986 is hereby amended by striking out the word "ninety-one", as inserted by section 5 of chapter 712 of the acts of 1989, and inserting in place thereof the word:- ninety-two.

SECTION 355. Section 6 of said chapter 10 of the acts of 1986 is hereby amended by striking out the word "ninety-one", as inserted by section 6 of chapter 712 of the acts of 1989, and inserting in place thereof the word:- ninety-two.

SECTION 356. Chapter 536 of the Acts of 1896 is hereby repealed.

SECTION 357. Section 5 of chapter 395 of the Acts of 1897 is hereby repealed.

SECTION 358. Chapter 116 of the Acts of 1915 is hereby repealed.

SECTION 359. Chapter 389 of the Acts of 1928 is hereby repealed.

SECTION 360. Chapter 153 of the Acts of 1957 is hereby repealed.

SECTION 361. Section 1 of chapter 135 of the Acts of 1960 is hereby amended in the first line by inserting after the words "Suffolk county jail" the words:- or house of correction.

SECTION 362. All employees of the penal institutions department, of the city of Boston, appointed prior to the effective date of this act shall be subject to the supervision and control of the sheriff of Suffolk county. Said transfer shall be made without impairment of seniority and without reduction in compensation and salary, notwithstanding any change in job titles or duties and without loss of accrued rights to holidays, sick leave, vacation and group insurance benefits; provided, however, that nothing in this section shall be construed to confer upon any employee rights not held prior to the transfer or to prohibit any subsequent reduction in compensation or salary grade.

SECTION 363. (a) No employee who is transferred to the sheriff of Suffolk county pursuant to the provisions of this act shall be covered by the provisions of chapter thirty-one of the General Laws. All employees, including those previous tenured under the provisions of said chapter thirty-one who, at the time of transfer are not eligible to receive tenure subject to the provisions of chapter one hundred and thirty-five of the acts of nineteen hundred and sixty, or section nine A of chapter thirty of the General Laws, may be continued in the discretion of the sheriff on a provisional basis in such position to which he is transferred, or in any position to which he is thereafter assigned. Any such provisional employee shall be deemed to have permanent status upon successful completion of a course of instruction conducted by the sheriff of Suffolk county and upon successful completion of any training requirements of the Massachusetts criminal justice training council. The sheriff of Suffolk county shall design the course of instruction in conjunction with the Massachusetts criminal justice training council. Any such non-uniformed employee shall be deemed to have permanent status upon successful completion of any training or experience as required by the sheriff of Suffolk county.

(b) Any employee who fails to complete successfully any required prerequisites or course of instruction may be continued by the sheriff of Suffolk county on a provisional basis, but shall not be eligible to gain permanent status in such position pursuant to the provisions of this section and in no event shall any employee be given more than one opportunity to retake such course of instruction for the purposes of gaining such permanent status.

(c) Except to the extent provided for in paragraphs (a) and (b) of this section, positions transferred to the sheriff of Suffolk county and any successor positions filled or created subsequent to such transfer, shall not be subject to the provisions of sections nine A or nine B of chapter thirty, chapter thirty-one or chapter thirty-five of the General Laws, and all appointments, transfers, terminations and promotions shall be made in accordance with guidelines and regulations promulgated by the sheriff of Suffolk county. Said rules and regulations shall govern personnel management and employment practices, including affirmative action and equal employment opportunity plans.

SECTION 364. Paragraph b> of subdivision (1) of section 22 of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the word "fifteen" in line 70, and inserting in place thereof the word:- thirty.

SECTION 365. Said paragraph b> of said subdivision (1) of said section 22 of said chapter 32, as so appearing, is hereby amended by striking out the word "fifteen" in line 100, and inserting in place thereof the word:- thirty.

SECTION 366. The second sentence of clause (i) of paragraph (c) of subdivision (7) of said section 22 of said chapter 32, as so appearing, is hereby amended by inserting at the end thereof the following:- ; provided however that any community which has a valid and current actuarial report shall only appropriate the amount specified in their actuarial report and the actuary shall not require a larger amount to be appropriated.

SECTION 367. The secretary of administration and finance is hereby authorized and directed, after consultation with the secretary of economic affairs, the secretary of consumer affairs and business regulation, the secretary of environmental affairs, the secretary of public safety and any other agency heads whom the secretary of administration and finance deems appropriate, to establish a plan for one-stop shopping, so-called, relative to permits and licenses and the renewal of such permits and licenses needed for start-up and small businesses. Such plan may, in addition, include a program of one-stop shopping, so-called, for any other category of businesses to which such a program would be reasonably feasible. Said plan shall clearly set forth the categories of businesses to be included and shall identify any regulatory changes required for the plan's implementation.

The secretary shall submit such a plan, along with any legislation needed for implementation, with the clerks of the house of representatives and of the senate, by the first Wednesday in January of nineteen hundred and ninety-two.

SECTION 368. Chapter 29 of the General Laws is hereby amended by inserting after section 9G the following section:-

Section 10. There is hereby established a Massachusetts council of economic advisors, hereinafter referred to as "the advisors to the council", which shall include the secretary of administration and finance, the secretary of economic affairs, and the commissioner of revenue, all serving ex officio, as well as six private-sector appointees, three of whom shall be from the business community and three of whom shall be economists, to advise the governor, the state treasurer, the speaker of the house of representatives, the president of the senate, and the chairmen of the house and senate committees on ways and means, hereinafter referred to as "the members of the council", relative to the state of the Massachusetts economy. The six private-sector advisors to the council shall be appointed annually by agreement among the members of the council.

The council shall meet at least two times during the year and may meet at other times by agreement among the members of the council. It shall be the duty of the advisors to the council to advise the members of the council on all aspects of the commonwealth's economic performance and prospects for future performance, and to make recommendations with respect to policies of the state government which may contribute to enhancing the commonwealth's prospects for positive future economic performance. The members of the council and the advisors to the council shall all serve without compensation, but shall be reimbursed for their expenses incurred in the discharge of their duties. The secretary of administration and finance shall make available to the council such staffing needs as the council reasonably needs in order to conduct its business.

SECTION 369. Section 5B of chapter 29 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

On or before May fifteenth, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation act for the ensuing fiscal year.

SECTION 370. Section 7H of said chapter 29, as appearing in the 1988 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

In the event that the governor determines from information supplied by the executive office for administration and finance, from the tax revenue resolution established pursuant to section five B, or from any other competent source that the tax revenues or non-tax revenues supporting the general appropriation bill have materially decreased from the time the general appropriation bill was originally submitted, he shall submit to the general court by message recommended corrective amendments to his original budget submission to ensure that total appropriations recommended in the general appropriation bill do not exceed total revenues supporting said bill. Such message shall be submitted to the general court within fifteen days from the date of such determination.

SECTION 371. The first paragraph of section 5 of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "September first" and inserting in place thereof the following words:- September fifteenth.

SECTION 372. The first paragraph of section 5C of chapter 29, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "September first", and inserting in place thereof the following words:- September fifteenth.

SECTION 373. The governor is hereby authorized and directed to establish a task force to study and examine methods of promoting and encouraging the development of asset management projects as defined in subparagraph (c) of section one of chapter seven B of the General Laws, the elimination of unnecessary or duplicative policies and procedures, and other entrepreneurial incentives for state employees. Said task force shall consist of the personnel administrator of the department of personnel administration, or his designee, one member of the asset management board, or his designee, one person designated by each of the following unions: the national association of government employees, the Massachusetts organization of state engineers and scientists, the association of state, county, federal, and municipal employees, and the service employees international union; and four members of private industry who shall have knowledge and experience in human resource management or development, at least two of whom shall be from a service-based industry. The chairman of the task force shall be chosen by the governor. The task force shall report to the general court the results of its examination and study and its recommendations, including legislation, if any, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before March thirty-first, nineteen hundred and ninety-two.

SECTION 374. The sixth paragraph of chapter 71, Section 16B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by the addition, at the end thereof, of the following language:-

If, after submission of the budget, no agreement is reached as to a budget for the regional school district, the district shall notify the Department of Education of a lack of a budget and the commissioner, or his designee, shall certify an amount sufficient for the operation of the district and order the appropriation thereof in an amount not less than 1/12 of the total budget approved by the region in the most recent fiscal year. Similar sums shall be certified and appropriated for each successive month to insure the continued provision of services by the district until such time as a budget is adopted and approved by the regional committee and member towns in the manner otherwise provided herein. In the event a budget is not adopted by December first in any year, the department shall assume operation of the district and funds for same shall be deducted from local aid distributed to member towns.

SECTION 375. The registrar of motor vehicles is hereby authorized and directed to conduct a study, in consultation with the criminal history systems board, of how to obtain comprehensive information from other states with respect to the criminal histories, if any, of applicants for positions as school bus drivers in the commonwealth. Said study shall include an evaluation of the efficacy and appropriateness of fingerprinting applicants and of requesting the involvement of the Federal Bureau of Investigation. Said report shall be filed with the clerks of the house and the senate, along with any recommendations and implementing legislation, by the first Wednesday in December, nineteen hundred and ninety-one.

SECTION 376. The commissioner of the division of capital planning and operations is hereby authorized to accept on behalf of the commonwealth a memorial to law enforcement personnel killed in the line of duty in the commonwealth. Said commissioner shall approve the design and materials used to construct said memorial, and said memorial shall be in keeping with the historical nature of the state house grounds. Said memorial shall be placed in an area which is deemed suitable by the commissioner. The cost of the construction of said memorial shall be paid by general contributions from the members of various law enforcement agencies within the commonwealth or from other interested individuals and groups.

SECTION 377. Chapter 64C, section 13, subsection (c) of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting in line 26 after "said wholesaler" the following:- shall include all direct costs attributable to the receiving, stamping, handling, storing, sales and delivery of cigarettes, and, shall additionally include.

SECTION 378. Section 4 of chapter 663 of the acts of 1987 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Section three shall take effect on June thirtieth, nineteen hundred and ninety-two.

SECTION 379. Section 3 of chapter 32A of the General Laws, as appearing in the 1988 Official Edition is hereby amended by inserting after the last sentence the following:-

The commission shall conduct an additional open enrollment period commencing immediately upon passage of the fiscal year 1992 budget act. Said open enrollment period shall have a duration of at least thirty days. During said open enrollment period, any eligible employee or retiree shall have the option of electing health insurance coverage from any indemnity plan or health care organization or insurer that insured employees and/or retirees in fiscal year nineteen hundred ninety-one and continues to insure employees and/or retirees in fiscal year nineteen hundred ninety-two. No action on the part of the Group Insurance Commission or any other state agency shall bar any eligible employee and/or retiree from enrolling with any health care plan or insurer referred to in this section during any enrollment period outlined in this section or established by the Group Insurance Commission during fiscal year nineteen hundred ninety-two.

SECTION 380. Chapter 12 of the General Laws, as appearing in the Official Edition, is hereby amended by adding the following section:-

Section 4A. The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the department in the discharge of its duties.

SECTION 381. Section 1. Section 48 of chapter 31 of the Massachusetts General Laws, as most recently amended by chapter 767 of the acts of 1981, is hereby further amended by striking out in the first paragraph the words "civil defense agency" and inserting in place thereof, the following: "Massachusetts Emergency Management Agency".

Section 2. Section 5 of chapter 40 of the Massachusetts General Laws, as most recently amended by chapter 351 of the acts of 1981, is hereby further amended by striking out in the first paragraph the words "civil defense" in clause (62) and inserting in place thereof, the following:- "Massachusetts Emergency Management Agency".

Section 3. The fortieth clause of Section 5 of chapter 59 of the Massachusetts General Laws, as added by chapter 345 of the acts of 1963, is hereby further amended by striking out in the first paragraph the words "civil defense agency" and inserting in place thereof, the following:- "Massachusetts Emergency Management Agency".

Section 4. Section 10-H of chapter 147 of the Massachusetts General Laws, as added by chapter 176 of the acts of 1968, is hereby further amended by striking out the words "civil defense agency" wherever they appear and inserting in place thereof, the following:- "Massachusetts Emergency Management Agency".

Section 5. Chapter 639 of the Acts of 1950, as amended, are hereby further amended by striking out the words "civil defense agency" wherever they appear and inserting in place thereof, the following:- "Massachusetts Emergency Management Agency".

SECTION 382. There is hereby established a special commission for the purpose of an investigation and study of the provision of child care services being administered within the commonwealth.

The special commission shall make recommendations relative to the provisions of a quality, comprehensive, coordinated, community based child care delivery system. Such issues as quality, affordability, availability, accessibility, parental choice, continuity of care, fiscal and programmatic stability and accountability, developmentally appropriate programs, the composition mix and management of vouchers and contracts, rates and other factors relative to the provision of quality care in the commonwealth.

The members of the commission shall be comprised of three members of the senate to be appointed by the senate president, one of whom shall be designated senate chairman of the special commission and four members of the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be designated the house chairman of the special commission, the secretary of health and human services or his designee, the commissioner of the department of social services or his designee, the commissioner of public welfare or his designee, a representative of the Massachusetts Association of Day Care Agencies, a representative from the Massachusetts Independent Child Care Organization, a representative of Parents United for Child Care, a representative from the Massachusetts Child Care Coalition, a representative from Boston Association for the Education of Young Children, a representative from the Resource and Referral/Voucher Management Network, a representative from the business community, providing on site child care, a representative from the United Way, a representative from the Boston Foundation, a representative from the YMCA, a representative from the Mass. Law Reform Institute, a representative from a college with a specialty in Early Childhood Education, day care policy and training, a representative from a minority enterprise providing child care services.

The commission shall report the results of their investigation and study to the clerk of the senate and the clerk of the house of representatives no later than December thirty-first, nineteen hundred and ninety-one.

SECTION 383. Section 14 of chapter 33 of the General Laws is hereby amended by striking the third paragraph and inserting in place thereof the following:-

No person shall be eligible to appointment as such aide-de-camp unless the individual so appointed shall have served at least two years in the armed services of the United States in time of war or national emergency, or the organized militia of the commonwealth, or the Ancient and Honorable Artillery Company of Massachusetts.

SECTION 384. Section 4 of chapter 32B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out lines 8-21, inclusive, beginning with the word "occurs;" and ending with the word "paid." and inserting in place thereof the following:- occurs. Notwithstanding the foregoing, a collective bargaining agreement governing the terms and conditions of employment of persons who are employees under this chapter may provide that employees who are covered by a group or nongroup health insurance plan financed without any participation by the employer or by another employee's insurance under a group or nongroup health insurance plan offered by the employer may, at the employee's option, elect to forego coverage under the employer's group or nongroup health insurance plan. Any such collective bargaining agreement shall provide for benefits, monetary or otherwise, in lieu of such coverage. For employees whose terms and conditions of employment are not subject to collective bargaining, an employer may exclude from coverage under the employer's group or nongroup health insurance plan any such nonunit employee who, at the employee's option, elects to forego such coverage, upon a determination that such employee is covered by a group or nongroup health insurance plan financed without any participation by the employer or by another employee's insurance under a group or nongroup health insurance plan offered by the employer. The employer may offer nonunit employees alternative benefits in lieu of such coverage. Any employee electing to forego coverage under the employer's group or nongroup health insurance plan shall, on an appropriate form prescribed by the appropriate public authority, give written notice, in accordance with applicable rules prescribed by the appropriate public authority, to the treasurer of the governmental unit indicating that he is not to be insured for such coverages, including dependent benefits, provided under such policy or policies. If such notice is received before the employee shall have become insured under such policy, he shall not be so insured. Once he has been automatically insured, an employee may elect to terminate his insurance by withdrawing, and such insurance benefits shall cease to be effective on the date to which the premium has been paid.

SECTION 385. Paragraph (m) of subdivision (1) of section 5 of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended in line 200 by inserting after the word employment the word:- first.

This section shall take effect as of December thirty-first, nineteen hundred and seventy-seven.

SECTION 386. Section 21 of chapter 564 of the acts of 1987 is hereby amended by inserting in the beginning of the first sentence the following:- Notwithstanding section nine A of chapter ninety-one of the General Laws or any other general or special law to the contrary,.

SECTION 387. Notwithstanding the provisions of section 18 of Chapter 91 of the General Laws, and any rules or regulations to the contrary, a Chapter 91 Waterways License numbered 1882 issued October 26, 1989 by the Department of Environmental Protection to the Department of Environmental Management as recorded December 28, 1989, in the Bristol County Registry of Deeds, Southern Division, Book 2431, Page 330, and Plan Book 124, Page 100, is hereby effective as of December 28, 1989.

SECTION 388. Section 1 of chapter 90 of the General Laws, as most recently amended by section 87 of chapter 33 of the acts of 1991, is hereby further amended by striking the definition of "Motorized Bicycle" in its entirety and inserting in place thereof the following:-

"Motorized Bicycle", a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour.

SECTION 389. Subsection (b) of Section 34 of Chapter 156B of the General Laws, as appearing in section 12 of chapter 242 of the Acts of 1989, is hereby amended by striking out said section and inserting in place thereof the following subsection:-

(b) Special meetings of the stockholders of a corporation with a class of voting stock registered under the Securities Exchange Act of 1934, as amended, may be called by the president or by the directors and, unless a lesser percentage is specified in a provision of the articles of organization or by-laws of such corporation, which provision is adopted on or after July 18, 1989, shall be called by the clerk, or in the case of the death, absence, incapacity or refusal of the clerk, by any other officer, upon written application of one or more stockholders who hold at least forty percent in interest of the capital stock entitled to vote thereat. In case none of the officers is able or willing to call a special meeting, the supreme judicial court or superior court, upon application of one or more stockholders who hold at least forty percent in interest, or such lesser percentage as shall be specified in the corporation's articles of organization or by-laws as aforesaid, of the capital stock entitled to vote thereat, shall have jurisdiction in equity to authorize one or more of such stockholders to call a meeting by giving such notice as is required by law.

SECTION 390. Notwithstanding Section 1 of this Act, with respect to any corporation subject to subsection (b) of Section 34 at any time on or after July 18, 1989, (i) any special meetings of the stockholders of such corporation held on or after July 18, 1989 and prior to the date of enactment of this Act shall not be rendered invalidly called by virtue this Act; and (ii) any provision in the articles of organization or by-laws of such corporation, which provision was adopted on or after July 18, 1989 and prior to the enactment of this Act, and which provides that special meetings of the stockholders who hold a percentage in interest of the capital stock entitled to vote thereat which is greater than forty percent, shall continue to be legal and valid, unless and until such corporation's articles of organization or by-laws are amended to provided a percentage less than or equal to forty percent.

SECTION 391. Notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the division of environmental law enforcement of the department of fisheries, wildlife and environmental law enforcement and the department of the metropolitan police in the executive office of public safety are hereby authorized to transfer funds between items of appropriation within the general appropriation act for services rendered upon request of any other agency, department, office, commission, division, bureau, section or other administrative unit pursuant to an interagency agreement enter into by the executive authorities of said agencies, department, offices, commissions, bureaus, sections or other administrative units. Copies of such interagency agreements shall be filed with the house and senate committees on ways and means before any funds are transferred pursuant to this section.

SECTION 392. The secretary for administration and finance, in conjunction with the commissioner of the department of revenue and the commissioner of the department of food and agriculture, is hereby authorized and directed to study the feasibility of removing from the department of food and agriculture's appropriated budget the mosquito control districts funded from the mosquito control and greenhead fly fund and establishing a separate trust fund not subject to appropriation. Said report shall include, but not be limited to, an examination of potential administrative reductions and other financial savings derived from the trust fund's establishment. The report which shall include any legislation necessary to implement the report's recommendations, shall be submitted to the house and senate committees on ways and means on or before October first, nineteen hundred and ninety-one.

SECTION 393. Except as otherwise provided in this act, the provisions of this act shall take effect July first, nineteen hundred and ninety-one.