Session Laws

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

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

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1 `tch `tc1 `ts Item `t+1 `tch;end `tc3 JUDICIARY. `tc2 Supreme Judicial Court. `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 prior years' expenses, including not more than two hundred twenty-seven positions `tc6 $5,500,000 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc3 DISTRICT ATTORNEYS. `tc1 0340-0900 `tc4 Bristol, including not more than sixty positions `tc6 $200,000 `tc3 EXECUTIVE. `tc2 Governor. `tc1 0411-1000 `tc4 For the salaries and expenses of the governor and officers and employees in the governor's office. `tc3 TREASURER AND RECEIVER-GENERAL. `tc2 Debt Service. `tc1 0699-0090 `tc4 For the payment of interest on bonds issued pursuant to chapter one hundred and fifty-one of the acts of nineteen hundred and ninety `tc6 $67,837,000 `tc5 Commonwealth Fiscal Recovery 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. `tc6 `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 $192,000 `tc2 Miscellaneous. `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, however, that the commissioner of the department of employment and training shall provide to the secretary of administration and finance quarterly estimates of said 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 `tc1 1599-2200 `tc4 For an emergency reserve to fund grants to counties which would otherwise be unable to continue operation of jails and courthouses; provided, that no grant shall be awarded from this item to any county unless and until the commissioner of revenue has made a determination that said county's inability to continue operation of its jail and courthouse is directly attributable to lack of sufficient state appropriation to make adequate payments pursuant to section four of chapter twenty-nine A of the General Laws; and provided further, that no grant shall be made from this item without the prior approval of the secretary of administration and finance `tc6 $3,042,000 `tc5 General Fund 25.0% Local Aid Fund 75.0% `tc1 1599-3315 `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 commissioner of administration is hereby authorized to advance to the county treasurer of each county the sums set forth below for each respective county: Barnstable, two hundred seventy-three thousand six hundred and seventy-six dollars; Berkshire, one hundred ninety-four thousand seven hundred and seventy-four dollars; Bristol, two hundred ninety-three thousand nine hundred and fifty dollars; Dukes, sixty-four thousand six hundred and forty-two dollars; Essex, four hundred nineteen thousand seven hundred and forty-three dollars; Franklin, one hundred sixty-seven thousand eight hundred and one dollars; Hampden, three hundred ninety-six thousand five hundred and fifty-one dollars; Hampshire, one hundred seventy-five thousand two hundred and seventy dollars; Middlesex, six hundred twenty-three thousand seven hundred and sixty-five dollars; Nantucket, twenty thousand dollars; Norfolk, four hundred twelve thousand five hundred and thirty-one dollars; Plymouth, four hundred thirty-two thousand nine hundred and sixty-two dollars; Suffolk, three hundred ninety-nine thousand three hundred and twenty-eight dollars; Worcester, three hundred seventy-four thousand and fifty-four dollars; provided further, that the commissioner of administration, upon agreement of the respective sheriffs, may adjust such amounts as appropriated herein in such a fashion as is necessary to meet the actual cost of said transportation; provided further, that each such treasurer shall deposit said amounts 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, shall be returned to the commonwealth `tc6 $559,253 `tc5 Local Aid Fund 100.0% `tc1 1599-3383 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 65306 `tc6 $57,556 `tc1 1599-3600 `tc4 For a reserve to fund state and county correctional programs; provided, that funds may be used for new beds opened in fiscal year nineteen hundred and ninety and nineteen hundred and ninety-one including related institutional parole requirements at MCI Norfolk Pre-Release Center, NCCI Gardner, MCI Walpole, Bay State, MCI Framingham, MCI Shirley, Boston Correctional Center, Bristol County jails and houses of correction at Dartmouth and New Bedford, Essex County house of correction and Worcester County house of correction; provided further, that funds may be used to support current operating costs of the department of correction and the parole board; provided further, that funds from this item may be transferred to other items of appropriation within the department of correction and to item 4380-0001; provided further, that the department of correction, the county government finance review board, the parole board, the Massachusetts Sheriffs' 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, which 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 no expenditure shall be made from this item without prior approval of the house and senate committees on ways and means `tc6 $6,900,000 `tc1 1599-3675 `tc4 For a reserve for payments to Middlesex County on account of the rental of court facilities in the current and prior fiscal years `tc6 $3,614,285 `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 other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-one such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year and for prior fiscal years where the amounts otherwise available are insufficient for the purpose; 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; provided further, that copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made from this item without prior notice provided to the house and senate committees on ways and means `tc6 $2,096,000 `tc1 1599-3726 `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 State Police Association of Massachusetts (Unit 5A); 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 other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-one such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year and for prior fiscal years where the amounts otherwise available are insufficient for the purpose; 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; provided further, that copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made from this item without prior notice provided to the house and senate committees on ways and means `tc6 $3,702,000 `tc1 1599-3727 `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 Metropolitan Police Patrolmen's Union (Unit 5B); 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 other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-one such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year and for prior fiscal years where the amounts otherwise available are insufficient for the purpose; 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; provided further, that copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made from this item without prior notice provided to the house and senate committees on ways and means `tc6 $1,980,000 `tc1 2200-0103 `tc4 The department of environmental protection may expend an amount not to exceed six million eight hundred thousand 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 `tc5 Environmental Permitting and Compliance Assurance Fund 100.0% `tc1 2260-9000 `tc4 For the implementation and administration of the underground storage tank program as established in chapter five hundred and twenty-four of the acts of nineteen hundred and ninety; provided, that the amount appropriated herein may be used to reimburse items 2200-0100 and 2260-8870 for expenses incurred for the implementation and administration of said program during fiscal year nineteen hundred and ninety-one, including the costs of personnel `tc6 $10,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `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 any 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 of the funds appropriated herein, the sums set forth below shall be deposited in individual allocation accounts for the purpose of each respective housing subsidy program: seventeen million nine hundred sixty-five thousand two hundred and ninety-two dollars for veterans and relocated persons; ten million three hundred thirty thousand and forty-two dollars for the elderly; one hundred four thousand seven hundred and ninety-eight dollars for the handicapped; and 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, for a program of rental assistance for families and elderly of low-income; provided, that notwithstanding any provision of law to the contrary, first preference for admission shall be granted to the eligible elderly; provided further, that of the funds appropriated herein, one hundred nine million two hundred eighty-eight thousand eight hundred and fifty-six dollars shall be deposited in an individual allocation account for the purpose of said rental assistance program; provided further, that the secretary of the executive office of communities and development shall take all steps necessary to ensure that no funds shall be expended for chapter seven hundred and seven certificates whose use is discontinued by eligible families and individuals, except for those such certificates as are in use for occupied units as of February 15, 1991; provided further, that not more than ten percent of the amount expended for said rental assistance program may be used for the administration of said program; provided further, that the secretary of 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 secretary 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. 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, eleven million seventy-eight thousand five hundred and ninety-six dollars shall be allocated for the purpose of providing housing vouchers, so-called, currently being utilized by eligible households; provided further, that funding for said vouchers made available for the purpose of providing chapter 707 certificates, so-called, as the use of said vouchers by said households is discontinued; 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 laws and regulations; and provided further, that payments for rental assistance may be provided in advance, including not more than five positions. `tc6 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Soldiers' Home in Massachusetts. `tc1 4180-1100 `tc4 The soldiers' home in Massachusetts, located in the city of Chelsea, may expend all revenues generated by the home, up to a maximum of four million one hundred fifteen thousand eight hundred dollars for facility maintenance, and patient care, including personnel costs. `tc6 `tc2 Soldiers' Home in Holyoke. `tc1 4190-1100 `tc4 The soldiers' home in Holyoke may expend all revenues generated by the home, up to a maximum of three million one hundred sixty thousand dollars for facility maintenance and patient care, including personnel costs. `tc6 `tc3 DEPARTMENT OF CORRECTION. `tc1 4349-0008 `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-one 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 $273,894 `tc3 DEPARTMENT OF PUBLIC WELFARE. `tc1 4406-2000 `tc4 For a program of general relief, including a program of emergency 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 nonrecurring clothing allowance in the amount of one hundred and fifteen dollars be provided to each recipient of the program eligible in September, nineteen hundred and ninety; provided further, that a thirty-five dollar per month rent allowance shall be paid to all households not residing in public housing or subsidized housing; and provided further, that no funds from this account shall be expended for homeless shelters without the prior approval of the house and senate committees on ways and means `tc6 $5,461,540 `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, certain medical services shall be provided to general relief recipients, including physician services, laboratory services, durable medical equipment, eye care, home health care, pharmacy services, transportation for medical care, emergency and basic restorative dental services, rehabilitative services, family planning, psychological testing, and private duty nursing; provided further, that the department through 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; 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 $7,904,000 `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 4510-0712 `tc4 The department of public health is hereby authorized to expend revenues in an amount not to exceed one million four hundred and fifteen thousand dollars from fees collected pursuant to state licensure of health care facilities and from federal reimbursements for the survey and certification of health care facilities as mandated by the federal Nursing Home Reform Act under the Omnibus Budget and Reconciliation Act of 1987; provided, that revenues collected may be used for all program costs and for the compensation of employees; provided further, that this account shall be assessed the full value of fringe and indirect costs for any such employees `tc6 $1,299,050 `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 further, 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 services under section one A of chapter one hundred and eighteen E of the General Laws; 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-four positions `tc6 $217,909 `tc1 4540-0400 `tc4 For the maintenance of and for certain improvements at Tewksbury Hospital, including not more than eight hundred and fifty positions `tc6 $600,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0002 `tc4 The Massachusetts aeronautics commission may expend revenues in an amount not to exceed two hundred eighty-five thousand five hundred seventy-three dollars generated from receipts from aviation fuel taxes as authorized by chapter sixty-four A of the General Laws, as amended by chapter one hundred and twenty-one of the acts of nineteen hundred and ninety, for airport development projects as authorized by section thirteen of said chapter sixty-four A of the General Laws, as amended by section forty of said chapter one hundred and twenty-one; provided, that any receipts received in excess of the amount specified herein shall be deposited in the General Fund `tc6 $285,573 `tc3 DEPARTMENT OF PUBLIC WORKS. `tc2 Maintenance and Operation of State Highways and Bridges. `tc1 6030-7201 `tc4 For the expenses of snow and ice control, including the cost of sand, salt, and other control chemicals; provided, that three hundred thousand dollars be allocated to line-item 2444-9002 for snow and ice control materials to be used on the metropolitan district commission roadways; provided further, that any surplus after April fifteenth, nineteen hundred and ninety-one may be expended for bridge and highway maintenance and repairs `tc6 $6,000,000 `tc5 Highway Fund 100.0% `tc1 6030-7701 `tc4 The department of public works is hereby authorized and directed to install a traffic light in the town of Spencer at the intersection of Route 9 and South Spencer Road. `tc6 `tc5 Highway Fund 100.0% `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of Public Safety. `tc1 8000-0108 `tc4 For the administration of the statewide emergency telecommunications board, as authorized by chapter two hundred and ninety-one of the acts of nineteen hundred and ninety; provided, that the costs of said board, including fringe benefits and indirect costs, shall be assessed on telephone companies, as defined in chapter one hundred and fifty-nine of the General Laws, providing local telephone exchange service in the commonwealth, as authorized by said chapter two hundred and ninety-one `tc6 $75,000 `tc1 8312-6001 `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 costs of personnel. `tc6 `tc1 8312-6050 `tc4 For the administration and operation of a drug enforcement administration task force; provided, that reimbursements from the federal government for costs incurred in fiscal year nineteen hundred and ninety-one be credited to the same fiscal year `tc6 $40,000 `tc2 Division of Fire Prevention and Regulation. `tc1 8314-1100 `tc4 For the implementation and administration of the underground storage tank program established in chapter five hundred and twenty-four of the acts of nineteen hundred and ninety; provided, that the amount appropriated herein may be used to reimburse item 8314-1000 for expenses incurred for the implementation and administration of said program during fiscal year nineteen hundred and ninety-one, including the costs of personnel `tc6 $30,000 `tc5 Underground Storage Tank Petroleum Product Cleanup Fund 100.0% `tc2 Division of Inspection and Regulation. `tc1 8315-1001 `tc4 The division of inspection is hereby authorized to expend revenues collected up to a maximum of two million two hundred and five thousand dollars from fees charged for elevator inspections, including inspections performed during overtime hours; provided, that all expenditures be made pursuant to item 8315-1000; including the costs of personnel; provided further, that fees for inspections performed during overtime hours be determined by the commissioner of administration; and provided further, that the fee for inspections performed during overtime hours be not less than one hundred dollars. `tc2 Registry of Motor Vehicles. `tc1 8400-0003 `tc4 For the administration of the certificate of title law; provided, however, that all employees of the title division perform only those duties that are directly related to the administration of the certificate of title law, including not more than one hundred and twenty-eight positions `tc6 $99,700 `tc5 Highway Fund 100.0% `tc2 Civil Defense Agency. `tc1 8800-0010 `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 two hundred and ninety-six of chapter one hundred and fifty of the acts of nineteen hundred and ninety; provided, that amounts appropriated herein shall be transferred to item 8800-0200 of this section and expended in accordance with the provisions of said item. `tc6 `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 one hundred and forty-six of chapter one hundred and fifty of the acts of nineteen hundred and ninety. `tc6 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc1 `tc4 Notwithstanding the provisions of section nine C of chapter twenty-nine of the General Laws, items 9110-1630 and 9110-1633, of section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety as reduced by section one A of said chapter shall stand notwithstanding any reduction by His Excellency the Governor. `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc1 9200-0160 `tc4 The secretary of consumer affairs is hereby authorized to expend an amount not to exceed one hundred thousand dollars for the expenses of the automobile insurance public education program from funds collected pursuant to section sixty-four of chapter two hundred and seventy-three of the acts of nineteen hundred and eighty-eight. `tcol;end

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

`tch `tc1 `ts Item `t+1 `tch;end `tc1 1101-4055 `tc4 The commissioner of administration is 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 all such proposals shall be open to the public; provided, 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; 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 `tc6 $500,000 `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 nonappropriated 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 operate with adequate timeliness to encourage administrative efficiency and satisfy all requirements of the law `tc6 $1,260,000 `tcol;end

SECTION 3. Section 32B of said chapter 6A, as most recently amended by section 210 of chapter 150 of the acts of 1990, is hereby further amended by adding the following paragraph:-

(g) Notwithstanding any provision of this section or any other provision of law to the contrary, the percentage of charges to be paid to each hospital for Title XIX services, as established for hospital fiscal year nineteen hundred and ninety-one in accordance with paragraphs (b) and (c), shall be further adjusted so that fiscal year nineteen hundred and ninety-one Title XIX payments to acute care hospitals exclude the effect of the hospital fiscal year nineteen hundred and ninety-one inflation allowance to charges provided for in sections seventy-eight to one hundred, inclusive; provided, however, that an acute care hospital may apply to the commission for an increase in Title XIX reimbursement if, during hospital fiscal year nineteen hundred and ninety-one, said hospital has incurred an increase in necessary patient-related expenses which are beyond its reasonable control, that such expenses are not otherwise reflected in the rate established under this section and that any such increases granted by the commission shall not exceed the amount necessary to bring the resulting rate up to the minimum level required for the petitioning hospital to operate in an efficient and economical manner in conformity with applicable state and federal laws, regulations and quality and safety standards established by section thirty-two. The commission shall promulgate regulations implementing this section which shall include a description of the petition process to be followed by qualifying acute care hospitals and criteria by which the petition for relief shall be judged. This paragraph shall not apply to any disproportionate share hospital as defined in section thirty-one.

SECTION 4. Section 3B of chapter 7 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following:-

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

For the period beginning July first, nineteen hundred and ninety-two, in addition to the above requirements, said secretary shall not increase any existing fee or charge or establish any new fee or charge unless notice of said increase or new fee is filed with the clerks of the house and senate while the general court is in session and the general court has passed a resolve approving said proposed increase or new fee.

SECTION 5. The first paragraph of section 4G of said chapter 7 of the General Laws, as most recently amended by section 7 of chapter 260 of the acts of 1990, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The following agencies are hereby declared to be within the executive office for administration and finance: the civil service commission; the municipal personnel advisory board; the Massachusetts commission against discrimination; the Massachusetts office on disability; the finance advisory board; the retirement law commission; the teachers' retirement board established by section sixteen of chapter fifteen; the board of economic advisors; the group insurance commission; the low-level radioactive waste management board, and the office of dispute resolution.

SECTION 6. Section 42C of chapter 7 is hereby amended by striking out the second paragraph inserted by chapter 517 of the acts of 1989.

SECTION 7. Chapter 16 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out section 1 and inserting in place thereof the following:-

Section 1. There shall be a department of public works, in this chapter called the department, which shall be under the supervision and control of a public works commission, in this chapter called the commission. Said commission shall consist of five members, not more than three of whom shall be of the same political party, who shall be appointed by the governor, with the advice and consent of the council. Upon the expiration of the term of each member, his successor shall be appointed by the governor for a term coterminous with that of the governor. One member shall be a person with expert knowledge of and skill in the field of business management, one shall be a person with expert knowledge of and skill in the field of finance, one shall be a person with expert knowledge of and skill in engineering. The governor shall from time to time designate a member of the commission as the commissioner of public works, in this chapter called the commissioner, and the other four members shall be associate commissioners. The commissioner shall be the chairman of the commission. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office. The commissioner shall give the state treasurer a bond for the faithful performance of this official duties in such penal sum and with such sureties as may be approved by the governor. Each associate commissioner shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. The commissioner shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of this chapter relative to the department and to each division thereof under his control and supervision.

SECTION 8. Section 2 of said chapter 16 is hereby further amended by striking out the fourth sentence.

SECTION 9. Subsection (B) of section 2 of chapter 18 of the General Laws is hereby amended by adding the following clause:-

(i) if permitted by federal law and determined by the commissioner to be cost-effective, and subject to any other provision of law regarding fees, charge a reasonable fee for any identification card it issues as a replacement for an identification card that has been lost, mutilated, stolen, or destroyed, except if such loss or destruction occurs during the mailing of an original identification card to a recipient or if the department issues replacement cards on its own initiative to classes of recipients; and charge a reasonable fee to providers of services for reviewing and processing incorrect claims.

SECTION 10. Section 2 of chapter 21I of the General Laws is hereby amended by striking out the definition of "toxics user", as appearing in section 3 of chapter 265 of the acts of 1989, and inserting in place thereof the following definition:-

"Toxics user", any person who owns or operates any facility that manufactures, processes or otherwise uses any toxic or hazardous substance that is classified in SIC Codes ten through fourteen, inclusive, twenty through forty, inclusive, forty-four through fifty-one, inclusive, seventy-two, seventy-three, seventy-five, or seventy-six.

SECTION 11. The definition of "toxic or hazardous substance" of said section 2 of said chapter 21I, as so appearing, is hereby amended by striking out clause (4) and inserting in place thereof the following clause:- (4) present in foods, drugs, cosmetics or other personal items used by employees or other persons at a facility;.

SECTION 12. Section 19 of said chapter 21I is hereby amended by striking out paragraph (C) and inserting in place thereof the following paragraph:-

(C) The toxics use fee shall be initially determined as set forth in this paragraph. The base fee for each facility shall be five hundred dollars for facilities at which the full-time equivalent of ten or more, but fewer than fifty, individuals are employed; seven hundred and fifty dollars for facilities at which the full-time equivalent of fifty, or more, but fewer than one hundred, individuals are employed; one thousand two hundred and fifty dollars for facilities at which the full-time equivalent of one hundred or more, but fewer than five hundred, individuals are employed; and two thousand five hundred dollars for facilities at which the full-time equivalent of five hundred or more individuals are employed. The base fee shall be increased by three hundred dollars for each toxic or hazardous substance for which the toxics user is required to file a report pursuant to section nine; provided, however, that the maximum fee shall be one thousand five hundred dollars for facilities at which the full-time equivalent of ten or more, but fewer than fifty, individuals are employed; two thousand dollars for facilities at which the full-time equivalent of fifty or more, but fewer than one hundred, individuals are employed; four thousand dollars for facilities at which the full-time equivalent of one hundred or more, but fewer than five hundred, individuals are employed, and eight thousand five hundred dollars for facilities at which the full-time equivalent of five hundred or more individuals are employed.

SECTION 13. Paragraph (G) of said section 19 of said chapter 21I, as so appearing, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The secretary shall notify the department of such application.

SECTION 14. Section 9P of chapter 22 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the words "section six" in lines 15, 18, and 27 in each instance the words:- or section nine A.

SECTION 15. Chapter 23 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following section:-

Section 13A. 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 16. Chapter 29 of the General Laws, as amended by section thirty of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine, is hereby amended by striking out section 5D and inserting in place thereof the following section:-

Section 5D. At the close of each fiscal year, the comptroller shall determine the amount expended during the fiscal year from each state fund or accounts comprising such funds, other than the General Fund, for the compensation of state personnel. On the basis of said determination, the comptroller shall charge each such fund or accounts therein an amount for fringe benefit costs attributable to compensation paid from said other funds, based on a fringe benefit rate to be set annually by the commissioner of administration. The amount so charged shall be credited to the General Fund.

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

SECTION 17. Section five E of said chapter twenty-nine of the General Laws, as inserted by section forty-five of chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine, is hereby repealed.

SECTION 18. Section 29E of chapter 29 of the General Laws, inserted by section 33 of chapter 653 of the acts of 1989, is hereby amended by striking out said section and inserting in place thereof the following section:-

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

SECTION 19. Subsection (11) of section 22D of chapter 32 of the General Laws, as amended by section 14 of chapter 341 of the acts of 1989, is hereby further amended by inserting at the end thereof the following:- ; provided, further, that annual pension assistance grants shall be payable only to systems which received their first annual pension assistance grants prior to July first, nineteen hundred and ninety-one.

SECTION 20. Paragraph (f) of section 21C of chapter 59 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out all of said paragraph following the words "during such fiscal year," in line 94 and inserting in place thereof the following:- or which has had an increase in its assessed valuation over the prior year's valuation unless such increased assessed valuation is due to revaluation of the entire city or town.

SECTION 21. The second paragraph of section 4 of chapter 64I of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following two sentences:- For purposes of such determination, the sales price of any motor vehicle, except a motor vehicle purchased from a vendor registered under this chapter who is regularly engaged in the business of making sales at retail of such motor vehicles, shall be the actual amount paid by the purchaser to the vendor for said motor vehicle or the average value of said motor vehicle, whichever is greater. "Average value" for a motor vehicle shall mean the average trade-in value listed in the National Automobile Dealers Association used car guide.

SECTION 22. Section 16B of chapter 71 of the General Laws, as most recently amended by chapter 356 of the acts of 1990, is hereby further amended by inserting after the sixth paragraph the following paragraph:-

A member municipality of a regional school district having three or more members need not hold a meeting of its local appropriating authority to act upon the appropriation of amounts reapportioned and recertified to it if it has previously voted to appropriate for the regional school district an amount equal to or greater than the amount so recertified to it, notwithstanding the provisions of the fifth paragraph of this section. A municipality that does not hold such a meeting prior to expiration of forty-five days from the date on which an amended budget was adopted by the regional school district committee shall be deemed to have voted to appropriate the amounts reapportioned and recertified to it.

SECTION 23. Section 12B of chapter 76 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of section twelve, or any other general or special law to the contrary, any child may attend the public school of a city or town where he does not reside upon such terms as the school committee of such city or town where he does not reside shall fix, if it chooses to admit nonresident students; provided, that said school committee shall set and be paid by the commonwealth a tuition rate which shall not exceed the average expense per student for such school, for such type of education as is required by such nonresident student, for the period the child shall attend; and provided, further, that in the case of a regional district school, the sum set by the school committee as such tuition rate shall require the acceptance of the member of the regional district school committee who represents the town in which such school is located. The commonwealth shall pay tuition to the host community. The community in which the child resides cannot claim that child as attending its school and the receiving community cannot claim that child as residing in that community. No school committee shall discriminate in the admission of any child, on the basis of race, color, religious creed, national origin, sex, age, ancestry, athletic performance, physical handicap, special need or academic performance, or proficiency in the English language; provided that the Massachusetts commission against discrimination, established by section fifty-six of chapter one hundred and fifty-one B, shall have jurisdiction to enforce the provisions of this sentence. Two school committees may agree to exchange students under a mutual arrangement at no cost to either.

SECTION 24. The General Laws are hereby amended by inserting after chapter 92, the following new chapter:- `tuc CHAPTER 92A.

Commonwealth Zoological Corporation.

Section 1. The following terms as used in this chapter shall have the following meanings except where the context clearly indicates otherwise:

"Board," the Board of Directors of the Commonwealth Zoological Corporation.

"Commission," the Metropolitan District Commission.

"Commissioner," the Chairman of the Metropolitan District Commission.

"Corporation," the Commonwealth Zoological Corporation.

"Member," a member of the Board of Directors of the Commonwealth Zoological Corporation.

"Society," Boston Zoological Society.

"Zoos," Franklin Park Zoo and Walter D. Stone Memorial Zoo.

Section 2. There is hereby created a nonprofit body to be known as the commonwealth zoological corporation. The corporation is hereby placed in the commission, but shall not be subject to the supervision of the commission, nor any office, board, bureau, department, or other agency of the commonwealth, except as specifically provided in this chapter. This shall not preclude the commissioner or his agents from inspecting the books, records, files or premises of the corporation at any time.

The corporation may receive, subject to appropriation, an annual operating subsidy from the commonwealth through a line item in the budget of the commission.

Pursuant to section three of chapter twenty-nine, the corporation may submit a request for such annual operating subsidy to the commission. The commonwealth may also fund, from time to time, major capital improvements and expansion subject to the provisions of section nine of this chapter.

The corporation shall be governed and its corporate powers exercised by the board, which shall consist of eleven members appointed by the governor in the following manner: one member chosen from a list of three names submitted by the board of directors of the society; two chosen from a list of nine names, three names submitted by the franklin park advisory committee, three names submitted by the grove hall board of trade, and three names submitted by the franklin park coalition; two chosen from a list of nine names, three names submitted by the middlesex fells zoological society, three names submitted by the stone zoo advisory committee, and three names submitted by the Stoneham board of selectmen; and five other members representing the commonwealth's business, corporate, philanthropic and educational communities. The foregoing members shall be appointed for terms of not less than one year and not more than four years as determined by the governor. Upon expiration of the initial appointment, the governor shall appoint members to four year terms. The commissioner, or his designee, shall serve ex-officio, and shall have full voting privileges.

All members of the board shall exercise full and equal voting privileges. Any person appointed to fill a vacancy shall serve for the remainder of the term. Members shall be eligible for reappointment. Any member may be removed by the governor for just cause.

Seven board members shall constitute a quorum and the affirmative vote of a majority of the members present and eligible to vote shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties of the corporation. Said expenses and duties shall be specified in the board's by-laws. Disbursements for these expenses shall be detailed and available for review in the account books of the corporation. The board shall meet at least once a month and shall have authority over the activities of the corporation.

The governor shall appoint a chairperson of the board who shall serve at the governor's pleasure. The board shall also designate a secretary who shall not be a member of the board. The secretary shall keep a record of proceedings of the corporation and detailed minutes of each meeting, and shall be custodian of all books, documents, and papers of the corporation, and its official seal. The secretary shall retain copies of all minutes and other records and documents of the corporation and shall certify such copies' authenticity. The board shall also appoint a treasurer who shall have charge of the books and records of account and accounting records of the corporation and shall be responsible, under the supervision of the president, for financial control of the corporation.

The corporation shall establish procedures by which all meetings of the corporation and the board are open to the public.

The provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B shall apply to all members, officers and employees of the corporation; provided, that such members, officers and employees shall be authorized to conduct fund-raising activities on behalf of the corporation following notice to the state ethics commission.

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.

Section 4. The corporation shall have the authority to develop a flexible professional personnel system as necessary to attract and hire qualified professional employees to enhance the zoos. The corporation shall establish said professional personnel system, in consultation with the department of personnel administration. The corporation shall set, in consultation with said department, salary scales and establish job classifications for its employees which shall not be subject to the provisions of section forty-six of chapter thirty. The corporation shall possess the management flexibility to establish employment qualifications and to remove and or discipline its employees. The corporation shall establish professional standards of performance and conduct for its employees. All corporation employees shall have the authority to solicit and collect both private and public donations, grants, bequests and devises, conditional or otherwise, of money, real and personal property, services or other things of value on the corporation's behalf and for the corporation's benefit, consistent with the provisions of section four chapter two hundred and sixty-eight A. Neither the corporation nor any of its officers, members, agents, employees, consultants or advisors shall be subject to the provisions of section three B and sections fifteen through twenty-nine inclusive, of chapter seven; sections nine A, forty-five, forty-six C through H, and fifty-two, of chapter thirty; and chapter thirty-one; provided, that in purchasing products or services, the corporation shall at all times follow generally accepted business practices.

The corporation shall be an equal opportunity employer and shall not discriminate in employment practices on the basis of race, creed, color, sex, national origin or physical handicap. The corporation shall establish an affirmative action plan intended to recruit qualified minorities and women into all job levels at the zoos. In making hiring decisions, the corporation shall give preference to persons residing in the municipalities in which the zoos are geographically located.

The corporation shall be subject to section one and chapter one hundred and fifty-one B, shall be deemed to be an agency of the commonwealth for purposes of section two, and shall be subject to the enforcement jurisdiction of the commission against discrimination under said chapter one hundred and fifty-one B. The corporation shall develop policies and programs for affirmative action in employment, procurement and contracting in accordance with law and consistent with general policies and programs of the commonwealth.

Section 5. The corporation shall have the following powers:

(a) to make, amend, and repeal bylaws, rules and regulations for the management of its affairs;

(b) to adopt an official seal;

(c) to make contracts and execute all instruments necessary or convenient for the carrying on of its business;

(d) to acquire, own, hold, and encumber personal property of any nature or any interest therein in the exercise of its powers and performance of its duties under this chapter; provided, however, that the disposal of any property shall be subject to the approval of the commissioner;

(e) to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation or other entity;

(f) to appear on its own behalf before boards, commissions, departments, or other agencies of federal, state or municipal governments;

(g) to appoint officers in addition to the members;

(h) to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the commonwealth pursuant to section thirty-eight A of chapter twenty-nine;

(i) to accept, hold, use, apply and dispose of any and all donations, grants, bequests and devises, received by the corporation, conditional or otherwise, of money, real and personal property, services or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm or corporation, public or private, such donations, grants, bequests and devises to be held, used, applied, or disposed of for any or all of the purposes specified in this chapter and in accordance with the terms and conditions of any such grant; and provided, that notwithstanding the provisions of section thirty-four A of chapter ninety-two, the corporation shall have full control over the funds of MetroZoos Zoological Trust Fund; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the corporation shall have full control over the funds of the Franklin Park Trust Fund. Receipt of each such donation or grant shall be detailed in the annual report of the corporation; such annual report shall include the identity of the donor or lender, unless anonymity is a condition of the gift, the nature of the transaction and any conditions attached thereto and the account in which the deposited funds are located;

(j) to develop zoological membership programs;

(k) to fix, revise, charge and collect rents, fees and charges for the use of either zoo or its appurtenances by any user;

(l) to prepare, publish, distribute, with or without charge as the corporation may determine, such newsletters, reports, bulletins and other materials regarding the zoos and their activities as it deems appropriate;

(m) to charge and retain admissions to each zoo; provided, that the zoos be open to all Massachusetts primary and secondary school groups at no admission charge on a scheduled basis;

(n) to prepare and approve master plans for either zoo or modifications thereto; provided, that such approvals shall have the written concurrence of the commissioner;

(o) to expend monies for the benefit of the activities described herein; provided, that programs, purchases or projects with aggregate annual expenditures in excess of two hundred and fifty thousand dollars, exclusive of staff salaries, routine maintenance, utilities, and animal care costs, shall require the written concurrence of the commissioner;

(p) to retain qualified personnel among its employees to provide security within the zoos; provided, that those employees shall not exercise any police powers; provided further, that full police jurisdiction shall remain with the metropolitan police at the zoos and for all property under the care, custody and control of the corporation; provided further, that the metropolitan police and the corporation shall enter into a memorandum of understanding that the police shall maintain an average level of service at each zoo which shall not be less than the average level of service previously provided during the month of July, nineteen hundred and ninety; and provided further, that the corporation shall be permitted to retain said police on a paid detail basis, as requested, beyond said normal police coverage as specified in the memorandum of understanding;

(q) The board of directors through its by-laws may create a board of trustees. The board of trustees will consist of the number of persons the board of directors deems appropriate. Trustees shall be elected by majority vote of the board of directors pursuant to a nomination process established by the board of directors through its by-laws; provided, that the trustees shall serve without compensation. Eligibility for trusteeship shall be established by the board of directors utilizing its sound discretion to broadly include individuals who through volunteer efforts donate time, expertise, knowledge, financial resources, or other things of value which enrich the zoos as valuable community, educational, cultural, recreational and environmental institutions.

(r) Notwithstanding the provisions of any special or general law, the corporation is empowered to establish grant programs, subject to explicit state appropriation for that purpose, to assist publicly owned zoos within the commonwealth including, but not limited to, the Buttonwood Park Zoo in New Bedford and the Forest Park Children's Zoo in Springfield. The corporation shall administer the program in accordance with such procedures, terms and conditions and criteria which the board deems appropriate for the fair and impartial review of applications from qualified public entities.

Section 6. The corporation shall have the following duties and obligations:

(a) The corporation is hereby directed to maintain repair, enhance and otherwise improve the zoos and their collections.

(b) The corporation shall develop within a reasonable time individual master plans for the operation and improvement of each zoo. The preparation and development of the plans may be undertaken in consultation with the franklin park zoo advisory committee and the middlesex fells zoological society and other interested citizens. The plans are to be used as a framework to revitalize each zoo and to ensure that the programs and collections of each zoo compliment one another.

(c) The corporation shall file with the secretary of the commonwealth to establish itself as a chartered nonprofit corporation within the commonwealth.

(d) The corporation shall file with the Internal Revenue Service to establish itself as a nonprofit corporation to ensure that contributions to the corporation are tax deductible.

(e) The corporation shall, to the best of its ability, raise funds and gifts of property or services or both from individuals, corporations, foundations and any other public or private entities for the purpose of enhancing, expanding and maintaining programs, exhibits, buildings, visitor services, and any other purpose consonant with the responsibilities outlined in this chapter. The corporation may establish gift shops, concessions, rentals, membership programs, publications, and other revenue raising devices to meet its obligations to raise funds for operating and capital purposes.

(f) The corporation shall maintain a detailed inventory of its personal property which it shall incorporate in its annual financial report.

(g) The corporation shall maintain detailed records of all expenditures, and may, if requested through the commission, continue to utilize the Massachusetts management, accounting, and reporting system.

The corporation is obligated to preserve and maintain the health, welfare, life quality and humane treatment of the animal populations of the zoos. In furtherance thereof, the corporation may consult with the members of the Boston chapter of the American Association of Zoo Keepers. The corporation may also consult with the Massachusetts Society for the Prevention of Cruelty to Animals, the United States Department of Agriculture, and the American Association of Zoological Parks and Aquariums, as well as local organizations having expertise in conservation, education and management issues relating to zoos, with regard to the animal collection.

Section 7. The corporation shall operate on the same fiscal year as the commonwealth and shall annually submit a detailed fiscal report of the corporation and the zoos' activities within 90 days after the end of each fiscal year to the commission and to the clerks of the house of representatives and the senate and the house and senate committee on ways and means.

Section 8. The books and records of the corporation shall be audited biennially by an independent source chosen by the commission, at the expense of the corporation. The commissioner may, at any time, request an audit to be done in addition to the biennial audit.

Section 9. The corporation may request financial assistance from the commonwealth for any capital projects undertaken at the zoos. Capital projects shall not include routine maintenance and minor repairs. The corporation shall consult with the division of capital planning and operations when undertaking any capital construction projects or major renovations costing in excess of twenty-five thousand dollars; provided, however, that the corporation shall not be subject to the provisions of sections thirty-nine A to forty N inclusive, of chapter seven and sections twenty-seven and twenty-seven A through G inclusive, and sections forty-four A to forty-four J inclusive, of chapter one hundred and forty-nine if funded from sources other than the commonwealth.

Section 10. The provisions of this chapter shall be construed to incorporate by reference any existing agreements between the commission and any other entity, public or private, except as otherwise provided in this chapter. The provisions of this chapter shall, to the extent permitted by law, be deemed to supersede any terms or conditions of any existing agreements which are in conflict with the provisions of this chapter.

Section 11. The zoos shall continue to be known as the Franklin Park Zoo and The Walter D. Stone Memorial Zoo, and referred to as the metropolitan parks zoos. The commonwealth shall at all times retain title to all real property and the appurtenances thereon; only the care, custody and control of the zoos shall be transferred to the corporation pursuant to this chapter. The zoos and all real property shall remain a part of the metropolitan parks system. In the event that, for any reason, the corporation dissolves, the commission shall assume responsibility for the zoos and their operation, and all funds, personal property, and animal collections shall revert to the commission.

Section 12. On or before January first, nineteen hundred and ninety-six, the corporation shall submit to the governor and the clerks of the house of representatives and the senate and the house and senate committees on ways and means, a report detailing the state of the zoos, their operation and management, and financial conditions. The report shall be studied with the purpose of determining whether the condition of the zoos has been improved by the corporation or whether the care, control and custody should return to the commonwealth, on behalf of the commission.

SECTION 25. Section 132 of chapter 112 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 4, the word "four" and inserting in place thereof the following word:- two.

SECTION 26. Section 1A of said chapter 117, as appearing in the 1988 Official Edition, is hereby amended by striking out, in lines 4 through 5, the words "inpatient and outpatient hospital services,".

SECTION 27. Section 2 of said chapter 117 of the General Laws, as so appearing, is hereby amended by inserting, in paragraph (d), the following:- ; or a person over the age of twenty regularly attending any secondary school.

SECTION 28. Section 10 of chapter 118E of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

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 of health and human services 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 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 which are available as an optional pharmacy benefit in the medical assistance program, 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 29. Section 16 of said chapter 118E, as amended by section 297 of chapter 150 of the acts of 1990, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be no adjustment or recovery of medical assistance correctly paid except (a) from the estate of an individual who was an inpatient in a nursing facility or other medical institution when he received such assistance, or (b) from the estate of an individual who was sixty-five years of age or older when he received such assistance; provided however, that in the case of an individual under clause (a) or (b), the adjustment or recovery may be made only after the death of his surviving spouse, if any, and only at a time when he has no surviving child who is under age twenty-one or is blind or permanently and totally disabled. Recovery of assistance provided to individuals under age sixty-five in a nursing facility or other medical institution under clause (a) shall be limited to assistance provided on or after the effective date of this section.

SECTION 30. Said chapter 118E is hereby further amended by striking out section 16, as amended by section 298 of said chapter 150, and inserting in place thereof the following section:-

Section 16. There shall be no adjustment or recovery of medical assistance correctly paid except (a) from the estate of an individual who was an inpatient in a nursing facility or other medical institution when he received such assistance, or (b) from the estate of an individual who was sixty-five years of age or older when he received such assistance; provided, however, that in the case of an individual under clause (a) or (b), the adjustment or recovery may be made only after the death of his surviving spouse, if any, and only at a time when he has no surviving child who is under age twenty-one or is blind or permanently and totally disabled.

SECTION 31. Section 16A of said chapter 118E, inserted by chapter 329 of the acts of 1989 and amended by section 299 of chapter 150 of the acts of 1990, is hereby amended by inserting before the first paragraph the following two paragraphs:-

(a) Notwithstanding any provision of law to the contrary, a petition for admission to probate of a decedent's will or for administration of a decedent's estate shall include a statement or be accompanied by an affidavit indicating whether the deceased received medical assistance under this chapter when such deceased was sixty-five years of age or older or while an inpatient in a nursing facility or other medical institution. A petitioner who files for admission of a decedent's will or for administration of a decedent's estate shall, simultaneous with the filing, send a copy of said petition to the department by certified mail if the deceased received medical assistance under this chapter when such deceased was sixty-five years of age or older or while an inpatient in a nursing facility or other medical institution.

In the event a petitioner fails to send such notice to the department and the deceased received such medical assistance when sixty-five years of age or older or while an inpatient in a nursing facility or other medical institution, any person who received a distribution of assets from the decedent's estate shall be liable to the department to the extent of such distribution.

SECTION 32. Paragraph (a) of section 16C of said chapter 118E, inserted by section 300 of chapter 150 of the acts of 1990, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary, upon the death of any individual who received medical assistance under this chapter while sixty-five years of age or older or while inpatient in a nursing facility or other medical institution, the department shall, to the extent it has paid such assistance to or on behalf of such individual, have a lien for the amount of said assistance on the real and personal property of the decedent to the extent includable in the Massachusetts probate estate of the decedent; provided, however, that such lien shall not apply to the extent that such estate has paid or will pay the following: (1) federal and Massachusetts estate taxes; (2) funeral expenses; (3) unpaid mortgages; and (4) expenses of administration.

SECTION 33. Paragraph (d) of said section 16C of said chapter 118E, as so inserted, is hereby amended by adding, in the first sentence after the word "older", the following:- or was an inpatient in a nursing facility or other institution,.

SECTION 34. Said section 16C of said chapter 118E is hereby further amended by inserting at the end thereof the following paragraph:-

(g) The provisions of this section shall only apply to estates of persons dying on or after July first, nineteen hundred and ninety-one.

SECTION 35. Said section 15 of said chapter 118F, as so appearing, is hereby further amended by striking out subdivision seven and by inserting in place thereof the following subdivision:-

(7) The department shall establish a managed care program for low income, uninsured individuals served by community health centers, to be funded from the Uncompensated Care Trust Fund.

SECTION 36. Section 19 of chapter 118F of the General Laws, as appearing in the 1988 Official Edition, is hereby amended in lines 59 to 70 by striking out subdivisions (7) to (9) and inserting in place thereof the following two subdivisions:-

(8) As of July first, nineteen hundred and ninety-one, the commonwealth shall complete the study of the phase-in initiatives as authorized in section ten.

(9) On January first, nineteen hundred and ninety-four, the program to provide health insurance to employed persons pursuant to section fourteen G of chapter one hundred and fifty-one A shall become effective. Health insurance benefits shall become available to eligible persons as of April first, nineteen hundred and ninety-four.

SECTION 37. Section 32 of chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Upon the completion or acquisition of a housing project by a housing authority, it shall be maintained and operated by such authority. It is hereby declared to be the policy of this commonwealth that each housing authority shall manage and operate decent, safe and sanitary dwelling accommodations at the lowest possible cost, and that no housing authority shall manage and operate any such project for profit. To this end an authority shall fix the rentals for dwelling units in its projects so that no tenant is required to pay a rental of more than twenty-seven percent of his income if heat, cooking fuel and electricity are provided by the authority or twenty-two percent of his income if said utilities are not so provided. Any deficiency in the budget of a housing authority caused by such reduced rental shall be paid by the commonwealth to the housing authority in an amount equal to the difference between the tenant's rent and the prorated cost of operating that unit. The commonwealth, acting through the department, may make payments in advance on account of such deficiency in such amounts and at such times as it deems proper. The prorated cost of operations shall be computed on the basis of the operating budget of the housing authority as approved by the department with provisions for a full operating reserve. Said rentals together with all other available moneys, revenues, income and receipts of the authority, from whatever sources derived, and together with the requisite annual contribution, will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of insurance and the payments in lieu of taxes provided by section sixteen and to provide for maintaining, operating and using the projects and the administrative expenses of the authority; (c) to create, during not less than the twelve years immediately succeeding its issuance of any bonds, notes or other evidences of indebtedness, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve; and (d) to provide such tenant services for residents of housing projects as the department may approve.

SECTION 38. Said section 32 of said chapter 121B of the General Laws, as amended by section 37 of this act, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Upon the completion or acquisition of a housing project by a housing authority, it shall be maintained and operated by such authority. It is hereby declared to be the policy of this commonwealth that each housing authority shall manage and operate decent, safe and sanitary dwelling accommodations at the lowest possible cost, and that no housing authority shall manage and operate any such project for profit. To this end an authority shall fix the rentals for dwelling units in its projects so that no tenant is required to pay a rental of more than thirty percent of his income if heat, cooking fuel and electricity are provided by the authority or twenty-five percent of his income if said utilities are not so provided. Any deficiency in the budget of a housing authority caused by such reduced rental shall be paid by the commonwealth to the housing authority in an amount equal to the difference between the tenant's rent and the prorated cost of operating that unit. The commonwealth, acting through the department, may make payments in advance on account of such deficiency in such amounts and at such times as it deems proper. The prorated cost of operations shall be computed on the basis of the operating budget of the housing authority as approved by the department with provisions for a full operating reserve. Said rentals together with all other available moneys, revenues, income and receipts of the authority, from whatever sources derived, and together with the requisite annual contribution, will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of insurance and the payments in lieu of taxes provided by section sixteen and to provide for maintaining, operating and using the projects and the administrative expenses of the authority; (c) to create, during not less than the twelve years immediately succeeding its issuance of any bonds, notes or other evidences of indebtedness, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve; and (d) to provide such tenant services for residents of housing projects as the department may approve.

SECTION 39. Paragraph (e) of section 40 of chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 44, the word "twenty" and inserting in place thereof the word:- twenty-two.

SECTION 40. Said paragraph (e) of said section 40 of said chapter 121B of the General Laws is hereby further amended by striking out the word "twenty-two", as inserted by section 39 of this act, and inserting in place thereof the word:- twenty-five.

SECTION 41. Paragraph (e) of said section 40 of said chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 45, the word "twenty-five" and inserting in place thereof the word:- twenty-seven.

SECTION 42. Said paragraph (e) of said section 40 of said chapter 121B of the General Laws is hereby further amended by striking out the word "twenty-seven", as inserted by section 41 of this act, and inserting in place thereof the word:- thirty.

SECTION 43. Section 44 of said chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 16, the word "twenty-five" and inserting in place thereof the word:- twenty-seven.

SECTION 44. Said section 44 of said chapter 121B of the General Laws is hereby further amended by striking out the word "twenty-seven", as inserted by section 43 of this act, and inserting in place thereof the word:- thirty.

SECTION 45. Section 44 of said chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 18, the word "twenty" and inserting in place thereof the word:- twenty-two.

SECTION 46. Said section 44 of said chapter 121B of the General Laws is hereby amended by striking out the word "twenty-two", as inserted by section 45 of this act, and inserting in place thereof the word:- twenty-five.

SECTION 47. Chapter 161 of the General Laws, as appearing in the 1988 Official Edition, as amended, is hereby amended by striking out the second sentence in section 152 and inserting the following language in place thereof:- The board of trustees of a transportation area shall have the power to at one time or from time to time issue bonds and notes for any one or more of the purposes for which a regional transit authority may issue bonds and notes under sections seven, ten and seventeen of chapter one hundred and sixty-one B of the General Laws. The power to issue such bonds and notes shall be subject to the terms set forth in sections seven, ten, eleven, thirteen, seventeen, eighteen, nineteen and twenty of chapter one hundred and sixty-one B of the General Laws. The board of trustees of a transportation area shall have the power to provide for the issue of interest bearing or discounted notes for the purposes and in the amounts that bonds may be issued in the same manner and subject to the same limitations as are applicable to regional transit authorities under section twenty-one of chapter one hundred and sixty-one B.

SECTION 48. Section 9 of chapter 197 of the General Laws, as amended by section 327 of chapter 150 of the acts of 1990, is hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-

(d) If a deceased received medical assistance under chapter one hundred and eighteen E when such deceased was sixty-five years of age or older or while an inpatient in a nursing facility or other medical institution, section sixteen A of chapter one hundred and eighteen E shall govern the notice to be given to the department of public welfare and such department's claim for recovery under the provisions of section sixteen of chapter one hundred and eighteen E if the department so chooses.

SECTION 49. Section 15 of chapter 218 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended in line 7 by striking out the word "daily".

SECTION 50. Section three of chapter six hundred and two of the acts of nineteen hundred and eighty-two is hereby repealed.

SECTION 51. Sections one and three of chapter seven hundred and fourteen of the acts of nineteen hundred and eighty-three are hereby repealed.

SECTION 52. Section seventy-seven A of chapter twenty-three of the acts of nineteen hundred and eighty-eight, as added by section three of chapter twenty-nine of the acts of nineteen hundred and eighty-eight, is hereby repealed.

SECTION 53. Section 79 of chapter 23 of the acts of 1988 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The provisions of subsections (b) and (c) of said section fourteen G shall apply to wages paid on or after January first, nineteen hundred and ninety-four.

SECTION 54. Section 43 of chapter 150 of the acts of 1990 is hereby amended by inserting at the end of the second sentence the following:- ; provided, further, that said division is hereby authorized to adjust rates of programs previously scheduled as "on-cycle" for the purpose of rate adjustments in fiscal year nineteen hundred and ninety-one, pursuant to said division's recommendations which specifically cite compliance and unanticipated cost issues, as set forth in the report authorized in section forty-four and filed with the house and senate committees on ways and means; and provided further, that said division is authorized to reduce the rate of reimbursement for any program pursuant to chapter seventy-one B of the General Laws to the rate for said program proposed by the rate setting commission for fiscal year nineteen hundred and ninety-one if the proposed nineteen hundred and ninety-one rate is lower than the fiscal year nineteen hundred and ninety rate.

SECTION 55. Section forty-five of chapter one hundred and fifty of the acts of nineteen hundred and ninety is hereby repealed.

SECTION 56. Section one hundred and thirty-three of said chapter one hundred and fifty is hereby repealed.

SECTION 57. Section 1 of chapter 150 of the acts of 1990 is hereby amended by adding the following sentence:- No department, board, commission or institution may expend any amount set forth in section two as an authorized expenditure of retained revenue, as defined by section one of chapter twenty-nine of the General Laws, for the compensation of employees unless said section two specifically provides otherwise.

SECTION 58. Notwithstanding the provisions of section twenty-four of this act or any other general or special law to the contrary, the rights of all employees of the metropolitan district commission, (the commission), employed at the Walter D. Stone Memorial Zoo and the Franklin Park Zoo, (the zoos), as of the effective date of this section, including permanent and temporary employees, secured by statute or collective bargaining agreements, shall be respected and the commission's management rights secured by statute or collective bargaining agreements shall also be preserved. For the purposes of chapter ninety-two A of the General Laws, all employees assigned to the Franklin Park Zoo and the Walter D. Stone Memorial Zoo as of the effective date of said section twenty-four or who are employees of the commission's metropolitan parks division as of said date shall be considered commission employees. The commonwealth zoological corporation, (the corporation), shall give priority in its hiring to present commission employees who wish to remain employed at the zoos.

In making hiring decisions, the corporation shall consider the importance of employment opportunities to the communities surrounding the zoos, of the continuity and a smooth transition to a well ordered management of the zoos and the welfare of the animal collection.

Notwithstanding the provisions of section twenty-four of this act or any other general or special law to the contrary, the rights of nonmanagement employees secured by statute or collective bargaining agreements in existence shall remain intact at the time of transfer of management responsibility from the commission to the corporation. Neither this section nor chapter ninety-two A of the General Laws shall be construed to diminish or demean the rights of nonmanagement personnel nor be construed as granting new rights which are not in existence at the time of the transfer of management responsibility from the commission to the corporation. Accordingly, each individual employee of the commission's metropolitan parks division presently assigned to the zoos as of the effective date of said section twenty-four, may freely choose whether he or she wishes to apply for employment with the corporation.

The commission and the corporation shall establish a transition period during which the corporation will compete its initial staffing of the zoos, ensuring uninterrupted services. By the conclusion of the agreed-upon transition period, all nonmanagement employees of the commission who have either elected to remain with the commission or who were not offered employment by the corporation shall be assigned to other metropolitan parks division responsibilities without impairment of seniority, retirement or other rights of employment and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reassignment. In making reassignments, the commission shall make every good faith effort to ensure that commission employees are reassigned to work locations geographically proximate to their current work location.

The corporation shall apply generally accepted recruitment techniques to recruit personnel, including present commission employees, for the purpose of obtaining employees who would contribute to the best interests of the zoos and help effectuate a smooth transition.

The commission shall establish a transition program which assures the health and well-being of the animal collection; the continuation of essential services at the zoos without interruption; a schedule for the disposition of personnel decisions which provides ample notice to the commission employees of their assignments in accordance with the provisions of this section and section four of chapter ninety-two A of the General Laws; the continued coordination with the division of capital planning and operations of the construction program at the Tropical Forest Pavilion and contiguous areas; a continuing public outreach effort to ensure that all interested parties are kept informed of all relevant developments; and that, within the bounds of public safety, the zoos remain open to the public during the transition period.

In accordance with the aforesaid, the commission shall be further required to establish a transition program which may include, but not be limited to, the following:

(a) The commission is hereby authorized to enter into an agreement with the corporation and the Boston zoological society for the purpose of affecting an orderly transition of management of the zoos from the commission and said society to the corporation. The commission shall ensure that the rights of said society are respected.

(b) The commission is hereby authorized to enter into an agreement with the corporation to transfer to the corporation the care, custody and control of the Franklin Park Zoo, including the areas described as Franklin Park Zoo, Peabody Circle, and the Sausage Glen Lane, and all animals thereof and appurtenances thereon. Franklin Park Zoo shall also include the area of the zoo known as the Children's Zoo and the Community Resource Center.

(c) The commission is hereby authorized to enter into an agreement with the corporation to transfer to the corporation, the care, custody and control of Walter D. Stone Memorial Zoo and its two parking lots.

(d) The commission is hereby authorized to enter into an agreement with the corporation to transfer to the corporation care, custody and control of real property, not previously referenced in this section, as long as such property shall be used for purposes specified by the commissioner and consistent with chapter ninety-two A of the General Laws.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the department of medical security, the department of public welfare and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts attributable to uncompensated care provided by hospitals including any such amounts paid or payable retroactive to October first, nineteen hundred and eighty-seven. Said appropriate action may include, but shall not be limited to, the assessment of hospitals for uncompensated care or the collection of amounts from hospitals for uncompensated care by the department of medical security or the department of public welfare, or both, or the adjustment of applicable rates or payment on account factors by the rate setting commission. Said appropriate action shall include the establishment of an interagency agreement between the department of public welfare and the department of medical security authorizing the department of public welfare to make deposits into and payments from a separate account established for the purposes of this section within the uncompensated care trust fund created in section seventeen of chapter one hundred and eighteen F of the General Laws. Amounts assessed upon and collected from hospitals pursuant to this section shall be deposited in said separate account within said uncompensated care trust fund, and, notwithstanding any provisions to the contrary of said section seventeen of chapter one hundred and eighteen F, or any other provision of law, regulation or procedure to the contrary, the department of public welfare may expend amounts in separate account within said fund without further appropriation; provided that such expenditures are made for uncompensated care provided by hospitals, and are made in a manner consistent with the requirements of Title XIX of the Social Security Act and the regulations of the health care financing administration concerning the availability of federal financial participation for the medical assistance program established by chapter one hundred and eighteen E of the General Laws. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. In no event shall any action taken pursuant to this section alter the amount owed to, or due from, hospitals pursuant to section fifteen of said chapter one hundred and eighteen F. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection, and expenditure of funds paid to the commonwealth by hospitals pursuant to this section.

SECTION 60. Notwithstanding the provisions of any general or special law to the contrary, the balance of the Commonwealth Liability Reduction Fund and the Medical Assistance Liability Fund established by section twenty-two of chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine, shall be transferred to the General Fund after all obligations of said funds have been met; provided, however, that the treasurer of the commonwealth shall certify not later than May thirty-first, nineteen hundred and ninety-one that all obligations of said funds have been paid; provided further, that the comptroller shall execute the transfers pursuant to the treasurer's authorization not later than June thirtieth, nineteen hundred and ninety-one; and provided further, that after said transfers have been completed, the comptroller shall dissolve the Commonwealth Liability Reduction Fund and the Medical Assistance Liability Fund.

SECTION 61. Notwithstanding the provisions of section thirty-one of chapter twenty-nine of the General Laws, or of any general or special law to the contrary, the commissioner of administration is hereby authorized and directed to establish a centralized biweekly payroll system for all employees currently paid under the weekly payroll system and for all employees under the supervision of the board of regents. Said biweekly payroll system shall conform to such rules and regulations as the commissioner of administration, with the approval of the state treasurer, the comptroller, and the personnel administrator, may make, provided that, within five days of the effective date thereof, said regulations shall be submitted to the clerks of the house and senate, who shall forward the same to the house and senate committees on ways and means. Said regulations shall not be subject to the provisions of chapter thirty A of the General Laws. The comptroller shall prepare and submit to the governor and council, for their approval, a warrant which shall include a sum sufficient to meet the total cost of salaries included within said biweekly payroll system.

SECTION 62. The department of education is hereby authorized to transfer up to five hundred and twenty-five thousand dollars from item 7028-0302 of section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety, to items 4202-0021, 4800-0041, 5046-0000, 5047-0000, 5948-0000 and 7061-0012 of said section two for the purposes of funding rate increases for fiscal year nineteen hundred and ninety-one as approved by the division of purchased services for schools pursuant to chapter seventy-one B of the General Laws.

SECTION 63. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of public welfare and the secretary of human services are hereby authorized and directed to develop a disability review system for medically unemployable persons applying for assistance under the provisions of chapter one hundred and seventeen of the General Laws. Such review shall provide that every reasonable attempt be made on the part of medically unemployable persons to apply for applicable benefits under the federal supplemental security income program, and that every effort be made on the part of the department of public welfare to assist said persons in the application process. The secretary of human services shall submit a plan for implementing said disability review system which shall include estimates of both the savings and costs associated with said plan. In developing such plan, the secretary of human services shall consider providing individual plans for rehabilitation or job training for general relief recipients subsequent to the denial of their federal supplemental security income program applications, in order to limit the dependence of temporarily medically unemployable persons upon general relief benefits. Said implementation plan together with recommendations for legislation, if any, shall be filed with the senate and house committees on ways and means no later than June first, nineteen hundred and ninety-one.

SECTION 64. The secretary of human services and the commissioner of the department of public welfare are hereby authorized and directed to conduct a study of the impact of eliminating general relief benefits for persons who are over the age of forty-five and without a work history. Said study shall consider the fiscal and policy impact of amending eligibility criteria. Said secretary shall report the results of said study along with any recommendations to the house and senate committees on ways and means on or before June first, nineteen hundred and ninety-one.

SECTION 65. The secretary of administration and finance or his designee, the secretary of the executive office of human services or his designee, the associate commissioner of the medicaid program or his designee, the commandant of the Soldiers' Home in Massachusetts or his designee, the superintendent of the Soldiers' Home in Holyoke or his designee and the commissioner of the office of veteran services or his designee, are hereby authorized and directed to review all regulatory requirements for implementing a medicaid certification program at the Chelsea and Holyoke soldiers' homes. Said study shall further review the costs associated with said program including facility renovation, staffing requirements, changes to the billing system, and compliance with life-safety codes. The study shall further consider net changes to state revenues and expenditures, including but not limited to the federal veterans administration's per diem reimbursement, private pay outpatient service collections, veteran domiciliary and hospital fees, and medicaid nursing home reimbursement and federal financial participation rates. Said study shall report all policies, procedures and recommendations for the implementation of said program to the house and senate ways and means committees on or before September first, nineteen hundred and ninety-one.

SECTION 66. Notwithstanding the provisions of section thirty-six A of chapter thirty-five of the General Laws, or the terms of the loan authorized by the Emergency Board on June twenty-first, nineteen hundred and eighty-nine for Hampshire county, the county is hereby authorized to refund said loan by the issuance of bonds or notes for a period of ten years. Payment on such refunding bonds or notes shall be made in accordance with section twelve of chapter sixty-four D of the General Laws.

SECTION 67. The aggregate amount which Hampshire county may borrow pursuant to the provisions of section six of chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine shall not exceed five hundred thousand dollars. The county is hereby authorized to refund debt issued pursuant to said section six for a term not to exceed ten years from the date of the original borrowing. Payments on such refunding shall be made in accordance with section twelve of chapter sixty-four D of the General Laws. The authority provided by said chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine to issue debt is hereby rescinded to the extent that the debt has been previously issued.

SECTION 68. Notwithstanding the provisions of any general or special law to the contrary, the executive office of communities and development is hereby authorized and directed to identify all local housing authorities with reserve fund balances which exceed the required level of such balances, as determined by said executive office, and all local housing authorities so identified shall repay to the commonwealth such excess funds, equal to the amount held in reserve which exceeds the amount required by said executive office to be held in reserve, not later than June thirtieth, nineteen hundred and ninety-one.

SECTION 69. The executive office of elder affairs shall conduct a study identifying any and all federal financial participation funds available for home care case management services. The conclusions of said study shall be reported to the house and senate committees on ways and means on or before April first, nineteen hundred and ninety-one.

SECTION 70. The secretary of administration and finance is hereby authorized and directed to prepare monthly reports on layoffs initiated in fiscal years nineteen hundred and ninety-one and nineteen hundred and ninety-two and total reduction in force estimates or targets for the end of the year for fiscal years nineteen hundred and ninety-one and nineteen hundred and ninety-two. Said reports shall state by department or agency the number of layoff notices delivered to employees and the number of employees actually laid off in the previous month, and the annualized savings, including salaries, wages and fringe costs, associated with such layoffs. Such report shall include said employees receiving compensation from accounts payable through appropriated funds, trust funds, federal funds, or proceeds from the sale of bonds or notes; provided, however, that said report shall include the account number, the employing agency and the position of such employees. Said reports shall be filed not later than the third Monday of each month with the house and senate committees on ways and means.

SECTION 71. The chief administrative justice of the trial court shall conduct a cost analysis of all rental space of the judicial branch. Said analysis shall ascertain the need for such space and determine the extent of maximization of funds for the space rented. Said analysis, along with any recommendations, shall be filed with the house and senate committees on ways and means on or before June first, nineteen hundred and ninety-one.

SECTION 72. The commissioner of administration is authorized and directed to implement a plan for the disengagement of the department of mental retardation from the court ordered consent decrees. Said plan shall include staffing patterns as required for the operation and maintenance of each facility, including their impact on the client population and the provision of certifiable services pursuant to Title XIX of the Social Security Act of each of the seven state schools. Said plan shall further study the costs associated with the full implementation of the existing staffing pattern plan at the state schools for fiscal year nineteen hundred and ninety-two. Said plan shall identify additional community based residences and community day programs, including operational costs, and the consolidation of state schools required for the implementation of said plan. The findings of said study shall be filed with the house and senate committees on ways and means no later than April fifteenth, nineteen hundred and ninety-one.

SECTION 73. The secretary of administration and finance is hereby authorized and directed to conduct a study regarding the advisability of implementing a sliding fee scale for tuition paid by state employees attending Massachusetts public colleges and universities. Said study shall review the costs of the Commonwealth of the present policy of permitting state employees to attend state colleges and universities without tuition charges, the impact to any collective bargaining agreements on any sliding fee scale, the feasibility of restricting tuition benefits to state employees attending work related courses, the impact of sliding fee tuition policy on the ability of the commonwealth and its institutions of higher education to recruit employees, and the cost savings to be achieved by implementing a sliding fee tuition policy. Said study, together with drafts of legislation necessary to carry out its recommendations, if any, shall be transmitted to the house and senate committees on ways and means no later than May first, nineteen hundred and ninety-one.

SECTION 74. It is hereby found that (1) during the fiscal year ending June thirtieth, nineteen hundred and ninety-one, the economy of the commonwealth of Massachusetts has experienced a deepening recession; (2) the deteriorating economy is preventing the fiscal health of the commonwealth from fully recovering from its fiscal year nineteen hundred and ninety status despite the best efforts of the general court and the governor to balance the state budget; and (3) the budget of the commonwealth of Massachusetts has suffered additional revenue losses because of a poor economy, unfavorable court judgments, and other events. Therefore, it is hereby declared that the commonwealth faces a fiscal emergency in said fiscal year ending June thirtieth, nineteen hundred and ninety-one, that it is in the best interest of the people of the commonwealth to confer upon the governor the powers which are contained in this section, and that the governor should use these powers and all other powers at his disposal to ensure that state expenditures do not exceed state revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one. Therefore, notwithstanding the provisions of other sections of this act or of any other general or special law to the contrary, for the fiscal year ending June thirtieth, nineteen hundred and ninety-one, but not for any subsequent fiscal year, the governor is hereby authorized to make reductions in items of appropriation in section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety as reduced by section one A of said chapter as follows: items of appropriation for all constitutional offices; the judicial branch of government, excluding items 0320-0001, 0321-1500, 0321-1501, 0322-0001, 0330-0100, 0330-2030, 0330-2040, 0330-2200, and 0330-2410; the district attorneys; the office of campaign and political finance, the state ethics commission; the inspector general; and the office of the comptroller; together with their constituent agencies and items within their control, if, as of March fifteenth, nineteen hundred and ninety-one, the revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one are estimated by the secretary of administration and finance pursuant to section five B of chapter twenty-nine of the General Laws to be insufficient to meet the expenditures authorized and anticipated in said fiscal year; provided, however, that the governor shall not reduce by more than four percent the amount appropriated for any item of appropriation enumerated herein, and shall not reduce the total of the items in excess of the total shortfall between estimated revenue and anticipated expenditures; provided further that a schedule of all such reductions shall be filed with the chairmen of the house and senate committees on ways and means no later than forty-eight hours prior to their implementation; provided, further, that the authority granted by this section shall be in addition to any other authority of the governor to control expenditures of appropriated funds.

SECTION 75. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to establish the following fees for service; provided, however, that said fees for service shall take effect upon the effective date of this section. `tuc SECRETARY OF STATE, SECURITIES DIVISION `tu (1) Securities Registration (a) Ad valorem fee 1/20 of 1% of the aggregate amount of the offering in the Commonwealth (b) Minimum fee $300 (c) Maximum fee $1,500 (2) Open-end Investment Companies Registration (a) Registration $2,000 (b) Reporting fee $1,000 annual (3) Unit Investment Trust Registration (a) Registration $750 (b) Reporting fee none (4) Broker-dealer Registration Fee (initial and renewal) $300 annual (5) Agent Registration Fee (initial, renewal and transfer) $40 annual.

SECTION 76. The department of public welfare is hereby directed to prepare a detailed fiscal and policy analysis and implementation plan for obtaining maximum federal reimbursement for emergency shelter benefits in order to control growth of the emergency assistance program. Said analysis and implementation plan shall include seeking federal reimbursement for emergency shelter as a special need under Title IV-A of the Social Security Act for families who have been residing in emergency shelters or hotels or motels under the program of emergency assistance for over ninety days, and accessing any other applicable source of federal funds to reduce emergency assistance expenditures. The results of said analysis and recommendations for any further legislation required to implement said plan shall be submitted to the house and senate committees on ways and means no later than June first, nineteen hundred and ninety-one.

SECTION 77. The commissioner of the department of social services is hereby directed to conduct a study and investigation with respect to children who are under the legal custody of the department and are also under the supervision of or in the custody of the department of youth services. Said report and investigation shall also include children who are on the department of social services' caseload and are under the supervision of or in the custody of the department of youth services. The commissioner of the department of social services shall work in conjunction with the commissioner of youth services on said report. The commissioner of youth services shall make available to the commissioner of the department of social services all data necessary to complete said study.

The commissioner of social services shall determine the number of such children cared for by the department during fiscal years nineteen hundred and eighty-nine, nineteen hundred and ninety, and nineteen hundred and ninety-one, and examine the level of and type of services those children were receiving from the department of social services prior to their placement with the department of youth services.

The commissioner of social services shall submit a report of his findings to the clerks of the house and senate prior to September first, nineteen hundred and ninety-one. Said report shall contain policy and legislative recommendations to achieve such intervention and care of the children under the care of the department of social services as necessary to provide a level of care that includes a preventative component aimed at reducing the number of children cared for by both the department of social services and the department of youth services. Said report shall include recommendations regarding the level of available contracted services necessary to implement said policies.

SECTION 78. Notwithstanding the provisions of any general or special law to the contrary, Iris K. Holland shall receive all emoluments of the office of member of the general court in regard to health care insurance, life insurance and any other insurance coverage provided by the group insurance commission to which she would otherwise be entitled had she taken her oath of office on January second, nineteen hundred and ninety-one and such coverage shall continue until she takes her oath of office.

SECTION 79. The president of the senate, or his designee, is hereby authorized to transfer amounts, as needed, among line-items 9512-0000 through 9519-7000 and item 9737-0500 of section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety, as reduced by section one A of said act.

SECTION 80. The speaker of the house of representatives, or his designee, is hereby authorized to transfer amounts, as needed, among the following line-items: items 9622-8000 through 9634-6000 and item 9737-0000, in section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety, as reduced by section one A of said act.

SECTION 81. There is hereby established a special commission for the purpose of making an investigation and study of the provision of health insurance to public employees. The special commission shall consist of seven members to be appointed by the speaker of the house of representatives and four members to be appointed by the president of the senate. Said commission's investigation and study shall examine, but not be limited to, the benefits, premiums, copayments and deductibles incorporated in the health maintenance organization and indemnity plans available to state, municipal and other governmental employees; the use of cost containment mechanisms; the efficacy of alternatives to current methods of grouping public employees for insurance purchasing; the costs and benefits of the current system of administering such benefits and the adequacy of information available for making such insurance purchases, including the cost and utilization of benefits provided under such health care plans. Said study shall consider the fiscal and public policy effects of altering current cost-sharing arrangements for governmental health insurance purchases and the effects of any alterations to such cost-sharing arrangements on the retirees of state, municipal and other governmental units. Said study shall further consider and compare the structure of health insurance plans offered by other governmental and quasi-governmental bodies, as well as by private-sector employers and unions. The commission shall issue an interim report, covering the results of its investigation and recommendations, if any, on the aforesaid issues, and file said report with the clerks of the house of representatives and the senate on or before April fifteenth, nineteen hundred and ninety-one.

Said special commission shall also be charged with investigating and studying the benefits, if any, of cafeteria plans that permit employees to select from among various optional plan coverages, as well as the issue of insurance coverage in two-wage-earner households. Finally, the commission shall evaluate and address the cost effectiveness of the commonwealth's contract with the John Hancock Mutual Life Insurance Company, as well as potential savings that might be generated by utilization of preferred payor organizations and increased managed care. The commission shall report final results of its investigation and study, its recommendations, if any, and address the issues listed in this paragraph, by filing a final report with the clerks of the house of representatives and the senate on or before April fifteenth, nineteen hundred and ninety-two.

SECTION 82. Effective July first, nineteen hundred and ninety-one, notwithstanding any general or special law to the contrary, for the purposes of sections sixteen C and sixteen D of chapter seventy-one of the General Laws, the Norfolk County Agricultural School, Bristol County Agricultural School and the Essex County Agricultural and Technical Institute shall be considered to be Regional Schools. Provided further, that notwithstanding any general or special law to the contrary, Norfolk County Agricultural School, Bristol County Agricultural School, and the Essex Agricultural and Technical Institute shall be allowed to expend at the level of appropriation both direct and indirect for fiscal year nineteen hundred and ninety-one for said schools plus whatever additional revenue shall be generated as a result of this act and any other additional revenue.

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 to expend more than the fiscal year nineteen hundred and ninety-one levels. Provided further, that the Board of Trustees of the 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 appropriations contained in this section. The aforementioned Board of Trustees are further hereby authorized to charge tuition to in-district students 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 purposes of this 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 worker's compensation costs. Provided further, that the obligation of Bristol County for the purposes of this section shall not exceed one million dollars.

SECTION 83. There is hereby established a medicaid task force on property deeds information consisting of the commissioner of the department of public welfare or his designee, the attorney general or his designee, a representative of the Massachusetts Registers of Deeds and Assistant Registers of Deeds Association, and a representative of the Massachusetts Conveyancers Association. Said task force shall investigate methods of collecting and transmitting to the department of public welfare information concerning property transactions in the commonwealth involving recipients of or applicants for medical assistance, and the impact of the Federal Privacy Act (P.L. 93-579) on any effort to collect and transmit such information. Said task force shall make any recommendations for legislation to the senate and house committees on ways and means no later than June first, nineteen hundred and ninety-one.

SECTION 84. Notwithstanding the provisions of sections three hundred and seventy-five and three hundred and eighty-three of chapter one hundred and fifty of the acts of nineteen hundred and ninety, no certificate of release of any lien imposed by section sixteen C of chapter one hundred and eighteen E of the General Laws need be obtained, recorded or filed with respect to the estate of any person dying prior to July first, nineteen hundred and ninety-one, and no license to sell real estate or other decree shall be defective on account of the failure to obtain such certificate of release with respect to any such estate.

SECTION 85. The commissioner of education is hereby directed to conduct a study of and develop a plan, if appropriate, to address the transportation requirements of children who participate in the program established by this section. Said commissioner shall also conduct a study of the impact, if any, on the METCO program by the program established by section twenty-three of this act. Both studies shall consider the impact of the implementation of the program established by said section twenty-three for the complete school year nineteen hundred and ninety-one and nineteen hundred and ninety-two and shall be filed with the clerks of the senate and house of representatives who shall forward the same to the senate and house committees on ways and means no later than August first, nineteen hundred and ninety-two.

SECTION 86. Notwithstanding the provisions of chapter thirty-two A of the General Laws, or of any general law or special law to the contrary, all retirees, their spouses and dependents insured or eligible to be insured under section five of said chapter thirty-two A, if enrolled in medicare part A at no cost to the retiree, or eligible for coverage thereunder, shall be required to transfer to a medicare health benefits supplement plan offered by the group insurance commission under section ten C or section fourteen of said chapter thirty-two A; 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 a 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 as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplement plan. The commission shall analyze the effect of the transfer of coverage under this section on both the health coverage of 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 senate and house, who shall forward the same to the senate and house committees on ways and means, no later than January first, nineteen hundred and ninety-three.

SECTION 87. Notwithstanding any general or special law to the contrary, the secretary of administration and finance in consultation with the secretary of human services and the secretary of elder affairs may establish a sliding schedule of fees for the provision of certain services funded by departments and commissions within the executive office of human services and the executive office of elder affairs; provided, however, that no such fee shall be charged to individuals and families whose incomes are at or below two hundred percent of the federal poverty line; provided, further, that any sliding fee scale which is in effect on or before the effective date of this section shall be exempt from the provisions of this section; provided, however, that exemption from this section shall not preclude the secretary of administration and finance, the secretary of executive office of human services or the secretary of elder affairs from adjusting or changing the fee structure of any existing sliding fee scales; provided, further, that the commissioner of such department or commission shall be authorized to adjust or waive a recipient's sliding fee copayment if the commissioner determines that imposition of such a fee would interfere with the recipients ability to receive services for reasons including, but not limited to, financial hardship due to recent disaster or extraordinary medical or rental expenses; provided, further, that the secretary of administration and finance shall file a schedule of such fees, including an estimate of the new costs and revenues resulting therefrom, with the senate and house committees on ways and means at least sixty days before implementation of such fees; and provided, further, that each such department or commission shall provide affected recipients at least sixty days notice of such fees before implementation of such fees.

SECTION 88. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer any amount in excess of three million dollars, not to exceed twelve million five hundred thousand dollars from the Environmental Challenge Fund to the General Fund; provided, that the secretary of environmental affairs shall certify that said revenues have been generated as a result of new initiatives to collect outstanding obligations to said Environmental Challenge Fund; provided further, that the transfer shall be executed no later than June thirtieth, nineteen hundred and ninety-one.

SECTION 89. The governor is hereby authorized and directed to submit to the legislature an early retirement incentive program together with any recommended legislation. In developing said plan, the governor shall review and take into account the recommendations put forth by the senate post audit and oversight committee. The governor's submission to the legislature shall set forth the incentives to be used, the employees to whom the program will be offered, the time limits within which the program will be offered to the employees and an analysis of the costs and savings that the commonwealth will incur in offering said program. The governor shall submit said program and legislation to the clerk of the house of representatives and the clerk of the senate on or before May fifteenth, nineteen hundred and ninety-one.

SECTION 90. (a) A state of fiscal emergency exists in the commonwealth by reason of the current budget deficit and the probability of future budget deficits. It is imperative that the consequences of such financial condition be mitigated and corrected as soon as possible, so as to avert the necessity of a permanent reduction in force of government employees that will jeopardize program operations and the delivery of services vital to the health, welfare and safety of the citizens of this commonwealth. Therefore, as a matter of paramount public policy, during this period of fiscal exigency, the general court finds and declares that a temporary program of furloughs for employees and officers, under the terms of this section, is the least painful means of conserving and utilizing the commonwealth's available monies during this extraordinary period of fiscal constraint while permitting the continuation, without any interruption, of the provision of vital services.

(b) Notwithstanding any general or special law to the contrary, if, as of April seventh, nineteen hundred and ninety-one, revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one are estimated by the commissioner of administration, pursuant to section five B of chapter twenty-nine, to be insufficient to meet the expenditures authorized and anticipated in said fiscal year, a temporary program of furloughs, according to the schedule set forth in subdivision (c) of this section, shall be implemented. Said furlough program shall apply to each employee or officer, whether or not elected, in all branches, offices, departments, agencies and authorities of the commonwealth, whose compensation is partially or fully funded by (i) state appropriation; (ii) receipts from bond revenues; (iii) federally funded or reimbursed programs; (iv) trust funds as defined in section one of chapter twenty-nine of the General Laws, including without limitation trust funds of the board of regents and institutions of higher education; or (v) authority expenditures; provided, that the furlough program shall not be mandatory for judges, who are, however, recommended to take voluntary leaves of absences in accordance with subdivision (j) of this section.

Each said employee shall elect finally in writing to his immediate manager, by April twelfth, nineteen hundred and ninety-one, one of the following three options, which shall apply to all of the days said employee is furloughed under subdivision (c): He shall take said days as unpaid days off, with the exception that this option shall not be available to critical and essential employees, under the provisions of subdivision (c); continue to work said days without pay and receive a number of bonus paid vacation days, at a rate of one and one-quarter days for each day without pay worked, to be available for use beginning in fiscal year nineteen hundred and ninety-two; or continue to work said days without pay and receive a lump sum, under the terms of subdivision (d) of this section. Employees failing to make such an election shall have an election made for them by their immediate managers. Said temporary furlough program shall take place between April fourteenth, nineteen hundred and ninety-one and June thirtieth, nineteen hundred and ninety-one.

In the event that implementation of such furlough program in a given authority of the commonwealth would result in no savings to the commonwealth, said authority shall make payment in lieu of such furlough program to the commonwealth, in the amount a reduction of staff payroll expenses, in accordance with the provisions of subdivision (c) of this section, would represent, and it is recommended that said authorities absorb the costs of said payment by instituting a temporary furlough program for their employees, under the same terms as those set forth in this section. Notwithstanding the provisions of any general or special law to the contrary, but in conformance with federal law, all savings in personnel expenditures yielded from said temporary furlough program, including savings to agencies and departments funded entirely or in part through assessments, and all payments in lieu of monies owing to implementation of a furlough program, shall be transmitted forthwith to the general fund or to the commonwealth for deposit in the general fund, as appropriate.

(c) Between April fourteenth, nineteen hundred and ninety-one, and June thirtieth, nineteen hundred and ninety-one, employees covered by this section shall be furloughed according to the following schedule:

For each employee whose annual compensation is less than $20,000, no days; for each employee whose annual compensation is $20,000 or greater but not more than $24,999, two days; for each employee whose annual compensation is $25,000 or greater but not more than $29,999, four days; for each employee whose annual compensation is $30,000 or greater but not more than $34,999, six days; for each employee whose annual compensation is $35,000 or greater but not more than $39,999, seven days; for each employee whose annual compensation is $40,000 or greater but not more than $49,999, eight days; for each employee whose annual compensation is $50,000 or greater, but not more than $59,999, ten days; for each employee whose annual compensation is $60,000 or greater but not more than $69,999, twelve days; for each employee whose annual compensation is $70,000 or greater, fifteen days. For the purposes of this section, compensation shall be defined as salary which reflects routine payment for regular work assignments as defined in the glossary of key terms for the PARIS system, so-called.

For determining the number of furlough days for part-time employees, the compensation paid to such employees on a per diem basis shall be adjusted to an annualized basis as if such employees were full-time employees. The number of furlough days employees would be required to take at such annualized compensation, under the schedule set forth in this paragraph, shall then be pro-rated to reflect the percentage of time such part-time employees serve.

The governor, with respect to the executive branch, the speaker of the house of representatives and the senate president, with respect to their chambers of the legislative branch, the chief justice with respect to the judicial branch, and all heads of other constitutional offices and authorities for their offices, are hereby authorized and directed to make rules and regulations, not subject to the provisions of chapter thirty A of the General Laws, after consultation with and approval of the commissioner of administration and the comptroller, for implementing and administering said temporary furlough program, including, but not limited to, procedures for scheduling said furloughs and bonus vacations days, and maintaining records of such matters as employees' options regarding their furlough days, the reduction of each employee's compensation during said period, the bonus vacation days and the lump sum amounts due employees who choose those respective options. In addition, the governor shall determine those positions critical or essential for public safety or public health, and employees in such positions shall not have the option to take their furlough days off without pay, but may choose between one of the other two options; provided, the governor shall notify the senate and house committees on ways and means of his determinations regarding said positions.

(d) Employees who have chosen the option of continuing to work their furlough days unpaid through the temporary furlough period for receipt of a lump sum, and who subsequently retire or otherwise terminate employment, or the beneficiary of such an employee who dies, shall be entitled, within thirty days of such retirement, termination or death, to said lump-sum payment, in an amount equal to said employee's per diem salary foregone as a result of furlough for the number of days required in subdivision (c), as that salary stands either at the time of the furlough, or at the time of such retirement, termination or death, whichever is greater; provided, however, no such payment shall be made prior to fiscal year nineteen hundred and ninety-two. The commissioner of administration is hereby authorized and directed to establish and implement a plan to carry out the provisions of this paragraph. Said plan shall provide that no such payment is to be made from the commonwealth's appropriation to a branch, office, department, agency or authority of the commonwealth.

Employees who have chosen the option of continuing to work their furlough days unpaid through the temporary furlough period for receipt of bonus vacation days, and who subsequently retire or otherwise terminate employment before having used all or part of said bonus vacation days, or the beneficiary of such an employee who dies before having used all or part of said bonus vacation days, shall be entitled to payment in an amount equal to said unused bonus vacation days, computed on the basis of said employee's salary as it stands either at the time of the furlough or at the time of such retirement, termination or death, whichever is greater; provided, however, no such payment shall be made prior to fiscal year nineteen hundred and ninety-two. The commissioner of administration is hereby authorized and directed to establish and implement rules, not subject to the provisions of chapter thirty A of the General Laws, to carry out the provisions of this paragraph.

For the purposes of this subdivision, a transfer of employment from one branch, office, department, agency, authority or instrumentality of the commonwealth to another shall not constitute termination of employment.

(e) No employee shall be eligible to use vacation, personal, sick, disability time, compensatory time, or other such leave credits to make up the difference in their level of compensation on account of the temporary furlough program; provided, however, that those employees who return to work during the furlough period, after having been on military leave serving in the Persian Gulf in Operation Desert Shield or Desert Storm shall not be subject to the temporary furlough provisions of this section.

(f) For employees hired and starting work on or after April fourteenth, nineteen hundred and ninety-one, and for employees returning to work after having been on unpaid leave status that began prior to March fourteenth, nineteen hundred and ninety-one, the temporary furlough program provided for in this section shall be applied in the initial days of such employment in accordance with the schedule in subdivision (c).

(g) The temporary furlough program pursuant to this section shall not impair any rights, privileges, status or eligibility of any employee with respect to seniority and employee benefits, other than level of compensation for nineteen hundred and ninety-one, including, but not limited to, health insurance, accidental death and disability benefits, retirement service credit and final average salary under the retirement laws. The provisions of this section shall not result in the loss of any accrued vacation days otherwise eligible to be carried over to a subsequent fiscal year.

(h) The governor, commissioner of administration and all other appropriate officials are hereby authorized and directed to take all actions necessary relative to all existing and future collective bargaining agreements to meet the requirements of this section. All public employers covered by this section shall meet and negotiate in good faith with all employee organizations representing collective bargaining units of officers and employees affected by the temporary furlough program, concerning said program. Notwithstanding the provisions of subdivisions (b), (c) and (f) of this section, where any such public employer and employee organization enter into an agreement on or before April fourteenth, nineteen hundred and ninety-one for an alternative procedure for realizing personnel savings equivalent to the savings which would be effectuated by the furlough program under this section, for all members of that collective bargaining unit, such alternative procedure may be implemented in lieu of said furlough program. Employees of any branch, agency, department, office or authority which has by March fourteenth, nineteen hundred and ninety-one implemented, or signed an agreement to implement, a plan to achieve personnel savings involving the reduction of compensation for employees, shall be credited for the number of days of compensation foregone under said plan, against the number of days of furlough required under subdivision (c) of this section; provided, said credit shall not extend beyond the number of days of furlough required under subdivision (c).

(i) Notwithstanding any general or special law to the contrary, if as of April seventh, nineteen hundred and ninety-one, revenues for the fiscal year ending June thirtieth, nineteen hundred and ninety-one are estimated by the commissioner of administration to be insufficient to meet the expenditures authorized and anticipated in said fiscal year, the commissioner of administration is hereby directed to reduce all consultant contracts by one percent, and to reduce by one percent all purchase of service contracts, based on the total value provided in section two of chapter one hundred and fifty of the acts of nineteen hundred and ninety, as further reduced by section one A of said chapter one hundred and fifty and any amounts withheld by the governor pursuant to section nine C of chapter twenty-nine of the General Laws. Said commissioner is directed to recommend to consultants and providers under such contracts, that they absorb said reduction by instituting a furlough program for themselves and their employees, under the same terms as those set forth in this section.

(j) In addition to any and all existing rights under general or special laws, or agreements, employees may, entirely at their option, be entitled to take leaves of absences between April first, nineteen hundred and ninety-one and June thirtieth, nineteen hundred and ninety-one, of at least one working day, and not to exceed three months, in duration, after providing notice to, and receiving the approval of, the heads of their branches, agencies, departments, offices or authorities, by April seventh, nineteen hundred and ninety-one. Any employee who takes such a leave of absence shall not receive pay during the period of leave; provided, however, that time spent on leave of absence shall not impair any other rights, privileges, status or eligibility of any state employee based on length of service, including seniority, allowed vacation time, retirement service credit and final average salary under the retirement laws. Health and insurance benefits including, without limitation, policies of group life insurance, group accidental death and disability insurance, and the group general or blanket hospital, surgical, medical, dental and other health insurance provided for an employee of the commonwealth shall be continued for said employee for such period of leave of absence; provided, however, that notwithstanding any general or special law, rule or regulation to the contrary, the employee shall make payment of the portion of the total monthly premium or rate that would have otherwise been deducted from his salary, wages or other compensation had such employee not taken such leave, and the commonwealth shall contribute the remaining amount of any such premium cost. Any employee taking such leave of absence shall be credited for the number of days of said leave against the number of days of furlough required under subdivision (c) of this section; provided, said credit shall not extend beyond the number of days of furlough required under subdivision (c); and provided further, all savings realized as a result of such leaves of absences shall be transmitted forthwith to the general fund.

(k) The commissioner of administration shall authorize and direct all agency heads to develop, and encourage implementation of, job-sharing plans for their employees.

(l) Notwithstanding any general or special law to the contrary, the governor is hereby authorized and directed to set the level of compensation paid to every cabinet secretary, undersecretary, or commissioner at the level of compensation that the person holding such position received on October first, nineteen hundred and ninety; provided, moreover, that the level of compensation for any cabinet secretary, undersecretary and commissioner position created since October first, nineteen hundred and ninety shall be comparable to the compensation level for comparable positions affected by this paragraph.

(m) Notwithstanding the provisions of any general or special law to the contrary, the state treasurer is hereby authorized and directed to establish the following public employee pension account draw-down program with the following provisions:

(i) Every public employee who is a member of the contributory retirement system established pursuant to chapter thirty-two of the General Laws and who is required to participate in the temporary furlough program under this section is hereby authorized to draw down on the accumulated total deductions in such employee's account in the annuity savings fund of the system to which such employee belongs.

(ii) The amount which such employee is hereby authorized to so draw down shall not exceed either the total amount of such employee's compensation which shall be reduced on account of said furlough program or the total amount of accumulated total deductions for such member as of March thirty-first, nineteen hundred and ninety-one, whichever is the lesser amount.

(iii) The state treasurer shall notify such employees of said drawn-down program no later than April first, nineteen hundred and ninety-one. Each such employee may elect to draw down a portion of the amount allowed under said program in each of the three months of April, May, and June of nineteen hundred and ninety-one. The amounts elected to be drawn-down shall be paid as an emergency draw to the employee but shall not be deducted from the compensation paid to such employee during such months. The amount of draw-down shall be deducted from the accumulated total deductions in his account in the annuity savings fund.

(iv) Each employee who elects to draw-down from his annuity savings account must repay to said account the entire amount of the draw-down plus regular interest prior to the date of his retirement in order to be eligible for a retirement allowance, or within five years of the date of such draw-down, whichever is sooner. The state treasurer is hereby authorized and directed to establish reasonable schedules that will allow such employees to repay such draw-down and regular interest through installments. If such employee leaves government service and requests a return of his accumulated total deductions, he shall receive the amount of his accumulated total deductions less any amount of accumulated total deductions plus regular interest drawn down and not repaid in accordance with this subdivision.

(n) The provisions of this section shall be deemed severable, and if any part of this section shall be adjudged unconstitutional or invalid, such judgment shall not affect the validity of other parts thereof.

SECTION 91. There is hereby established a special commission on special education, to consist of three members of the senate, five members of the house of representatives, the commissioner of administration, the commissioner of education, the secretary of the executive office of human services, a representative of the Massachusetts advocacy center, a representative of the disability law center, a representative of the Massachusetts association of 766 approved private schools, a representative of the Massachusetts association of special education administrators, a representative of the Massachusetts municipal association, a representative of the Massachusetts association of school superintendents, a representative of the Massachusetts association of school committees, a representative of the Massachusetts association of regional schools, one parent of a Massachusetts public school student who is receiving special education, and one parent of a Massachusetts public school student who is not receiving special education; provided, however, that the members of the senate shall be appointed by the president of the senate, the members of the house of representatives shall be appointed by the speaker of the house, each representative of an organization shall be designated by the respective organization represented, and the parents shall be appointed by the governor.

Said commission is hereby authorized and directed to investigate and study the costs and benefits of special education programs in the commonwealth, and to analyze and evaluate issues relevant to any reforms needed to improve efficiency or control costs in the special education system and to ensure equitable treatment of children with and without special needs, including but not limited to the following issues: the rate at which children are placed in special education programs in Massachusetts as compared to other states; the availability of individualized education programs designed to enable children without special needs to function in the regular classroom; the definition of special needs and the standards for special needs programs in Massachusetts as compared to the definition and standards in other states and in the federal education of handicapped children program; the extent to which Massachusetts children are in fact provided with special education in the least restrictive alternative environment as compared with children in other states; the actual costs and the rate of cost increases of Massachusetts special education programs as compared with programs in other states; the costs and the necessity of special transportation provided to students with special needs; the numbers of children placed in private residential and non-residential special education programs in Massachusetts, and the costs of such programs; the availability of alternative funding sources for special education programs.

Said commission may travel within the commonwealth and may conduct public hearings. Said commission shall file its 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 June first, nineteen hundred and ninety-one.

SECTION 92. Notwithstanding the provisions of section sixteen of chapter one hundred and eighteen F of the General Laws or any other general or special law to the contrary, the comptroller is hereby authorized and directed to transfer, as of June thirtieth, nineteen hundred and ninety-one, eight million dollars from the public sector responsibility account of the Medical Security Trust Fund to the General Fund without further authorization.

SECTION 93. The secretary of administration and finance is hereby authorized and directed to establish a Quabbin Watershed Management Access Fee pursuant to chapter four hundred and thirty-six of the acts of nineteen hundred and ninety.

SECTION 94. Notwithstanding any general or special law to the contrary, during fiscal year nineteen hundred and ninety-one and fiscal year nineteen hundred and ninety-two, no person shall be hired nor shall any personnel vacancy be filled in any agency or department of state government unless said personnel vacancy or person to be hired performs a critical or essential service and the commissioner of administration and finance certifies in writing to the chairman of the house and senate committees on ways and means that such person is being hired to perform a critical and essential service.

SECTION 95. Sections thirty-seven, thirty-nine, forty-one, forty-three and forty-five shall take effect on July first, nineteen hundred and ninety-one. Sections thirty-eight, forty, forty-two, forty-four, and forty-six shall take effect on July first, nineteen hundred and ninety-two.

SECTION 96. (a) Section twenty-three shall take effect on June thirtieth, nineteen hundred and ninety-one. Section seventy-eight shall take effect on January first, nineteen hundred and ninety-one. Sections twenty-four, fifty-seven and fifty-eight shall take effect on July first, nineteen hundred and ninety-one. Section fifty-nine shall take effect on October first, nineteen hundred and eighty-seven.

(b) Section twenty-nine shall become inoperative on June thirtieth, nineteen hundred and ninety-five. Section thirty shall take effect on July first, nineteen hundred and ninety-five.

(c) Except as provided in this section, the previous section, or as otherwise provided in this act, the provisions of this act shall take effect upon enactment.

SECTION 97. The provisions of this act shall be deemed severable, and if any part of this act shall be adjudged unconstitutional or invalid, such judgment shall not affect the validity of other parts thereof.