Session Laws

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

SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions, other services, and for certain permanent improvements, and to meet certain requirements of law, the sums set forth as state appropriation(s) in sections two, two B, and two C for the several purposes and subject to the conditions specified in said sections two, two B, two C and three are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June thirtieth, nineteen hundred and ninety-four. The sums set forth as federal appropriation(s) in sections two for the several purposes and subject to the conditions specified in said sections two are hereby appropriated from the General Federal Grants Fund, subject to the provisions of law regulating the disbursement of public funds and the approval thereof. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amounts of any unexpended balances of federal grant funds received prior to June thirtieth, nineteen hundred ninety-three, and not included as part of an appropriation item in section two, are hereby made available for expenditure during fiscal year nineteen hundred ninety-four, in additional to any amount appropriated in section two. For each item of appropriation in section two of this act that includes a limitation on personnel, said limitation shall mean the number of full-time equivalent positions that said appropriation is funded to support. No department, commission, agency or institution which is authorized by section two to retain and expend specified amounts of certain revenue for particular purposes may expend any amount of such retained revenue for the compensation of employees unless said section two specifically provides otherwise.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-four are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two and two C. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc FY 1994 Revenue by Source and Budgetary Fund (In Millions)
`tcol(*)=6;c1=1,26,tu;c2=30,8,tur;c3=40,8,tur;c4=50,8,tur;c5=60,9,tur;c6=71,8,tur `tch `ts `tc1 *All *General*Highway*Local Aid*Other Source*Funds*Fund *Fund *Fund *Funds `tc1=1,78,tu;temp `tch;end `t+1 `tc1 Alcoholic Beverages*63.0*63.0*-*-*- `tc1 Commercial Banks*118.0*118.0*-*-*- `tc1 Savings Institutions*98.0*98.0*-*-*- `tc1 Cigarette*237.0*112.0*-*-*125.0 `tc1 Corporations*690.0*414.0*-*276.0*- `tc1 Deeds*39.0*39.0*-*-*- `tc1 Estate/Inheritance*268.0*268.0*-*-*- `tc1 Income*5,755.1*3,181.0*-*2,302.0*272.1 `tc1 Insurance*290.2*290.2*-*-*- `tc1 Motor Fuels*555.0*83.2*464.0*-*7.8 `tc1 Utilities*65.0*65.0*-*-*- `tc1 Room Occupancy*60.9*39.6*-*-*21.3 `tc1 Sales & Use: Regular*1,485.0*891.0*-*594.0*- `tc1 Sales & Use: Services*115.0*69.0*-*46.0*- `tc1 Sales & Use: Meals*330.0*198.0*-*132.0*- `tc1 Sales & Use: Motor Vehicle*330.0*198.0*-*132.0*- `tc1 Miscellaneous Department*0.8*0.8*-*-*- `tc1 Racing*28.0*28.0*-*-*- `tc1 Beano*4.5*4.5*-*-*- `tc1 Raffles/Bazaar*1.5*1.5*-*-*- `tc1 Division of Insurance*6.0*6.0*-*-*- `tc1 Total Consensus Taxes*10,540.0*6,167.8*464.0*3,482.0*426.2 `tc1 Amnesty Program*20.0*12.0*-*8.0*- `tc1=1,78,tu;temp `t+1 `tc1 Total Taxes*10,560.0*6,179.8*464.0*3,490.0*426.2 `tc1=1,78,tu;temp `t+1 `tc1 Federal Reimbursements*2,922.5*2,913.9*4.7*0.2*3.7 `tc1 Departmental Revenue*1,341.4*894.2*333.4*24.0*89.7 `tc1 Transfers & Other Receipts*623.9*90.8*11.0*531.0*(8.8) `tc1=1,78,tu;temp `tc1 Total for Budget*15,447.8*10,078.6*813.1*4,045.2*510.9 `tc1=1,78,tu;temp `t+1 `tc1 `tcol;end `t+1

SECTION 1B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of non-tax revenues to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein, and to include a full statement comparing such receipts with the projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc Non-tax Revenue Executive Office Summary
`tcol(*)=4;c1=1,36,tu;c2=38,13,tur;c3=53,11,tur;c4=66,13,tur `tch `tc1 *FY 1994 *FY 1994 *FY 1994 *Unrestricted*Restricted*Total Source*Non-Tax *Non-Tax *Non-Tax `tc1=1,78,tu;temp `t+1 `tch;end Judiciary*55,488,385*5,000*55,493,385 District Attorneys*7,190*25,000*32,190 Executive*2,500*-*2,500 Secretary of State*31,238,200*-*31,238,200 Treasurer and Receiver General*495,503,777*329,000,000*824,503,777 State Auditor*200*-*200 Attorney General*6,125,103*-*6,125,103 State Ethics Commission*32,915*-*32,915 Inspector General*565*-*565 Office of Campaign and Political Finance*18,000*-*18,000 State Comptroller*21,002,000*-*21,002,000 Administration and Finance*232,873,522*12,428,041*245,301,563 Environmental Affairs*69,296,773*1,000,000*70,296,773 Communities and Development*29,020,000*450,000*29,470,000 Health and Human Services*2,718,533,954*258,251,939*2,976,785,893 Transportation and Construction*7,416,159*28,349*7,444,508 Board of Library Commissioners*7,109*-*7,109 Education*156,131,071*100,000*156,231,071 Economic Affairs*1,690,047*-*1,690,047 Public Safety*354,181,978*21,733,768*375,915,746 Elder Affairs*-*-*- Consumer Affairs*68,373,918*250,000*68,623,918 Labor*17,074,367*-*17,074,367 Legislature*483,618*-*483,618 `tc1=1,78,tu;temp `t+1 `tc1 Total*4,264,501,351*623,272,097*4,887,773,448 `tc1=1,78,tu;temp `tcol;end `t+1

SECTION 1C. For the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the chief operating officer of each department, board, agency, commission and institution for which funds are appropriated and performance measures are established in sections two of this act shall file with the house and senate committees on ways and means reports on said performance measures. Said reports shall be filed quarterly within thirty days of the end of each fiscal quarter, unless required to be filed otherwise. Said reports shall include, but not be limited to, the statistical measures or other indicators of performance found under the column labeled "expected outputs" in said section two. The term "TBR" as used in said column shall mean "to be reported" and shall represent instances when 1) insufficient or unreliable information was available to establish a numerical or statistical performance measure; 2) the output to be reported involves more complex information than can be readily summarized by a single number or statistic; or 3) when the output to be reported consists of a plan, study, analysis, or other singular non-recurring expected output. Where a date is used as an expected output, the information to be reported or the action to be accomplished shall be reported or accomplished by said report date and notification shall be provided to said committees. Where a number or percentage is used as an expected output, said number or percentage shall, to the maximum feasible extent, be accompanied by an explanation of any qualifying conditions that limit or define the interpretation of each such number or percentage. The numerator and denominator used in the calculation of each such percentage shall be included in each such report. The mission statements, performance measures and expected outputs for each program established in section two shall not be construed as giving rise to enforceable legal rights in any party, but are strictly intended to serve as internal management tools for gauging the achievement of program objectives.

SECTION 2.

JUDICIARY

Supreme Judicial Court

Notwithstanding the provisions of section one to the contrary, items 0300-0000 to 0339-2100 are charged as follows: `tuc General Fund ........................... 20.0% Local Aid Fund ......................... 80.0% `tuc ITEMS NOT CREATED USING DBMS CONTACT ANNE SWEETNAM IF FURTHER INFORMATION IS REQUIRED.

Local Aid Distributions

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred and ninety-three, for the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the lottery distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall be three hundred and twenty-nine million dollars and shall be apportioned to the cities and towns in accordance with this section; provided, that the amount of any balance in the State Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund. Pursuant to item 0611-5501 of section two of this act, there shall be made available a one-time payment of municipal stabilization local aid, to be distributed from the local aid fund in accordance with the formula used to distribute the State Lottery Fund local aid. Notwithstanding the provisions of chapter seventy of the General Laws or any other general or special law to the contrary, receipt of the municipal stabilization local aid shall in no way effect a municipality's obligations regarding education financing and shall be eligible for unrestricted use by the municipalities.

Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six as appearing in section sixty-one of chapter seventy-one of the acts of nineteen hundred and ninety-three, the total amounts to be distributed and paid to each city, town, regional school district and county maintaining an agricultural school from items 0611-5500, 0611-5501 and 7061-0008 of section two of this act shall be set forth in the following list; provided further, that the amounts to be distributed from items 0611-5500, 0611-5501 and 7061-0008 of said section two are hereby deemed to be in full satisfaction of the amounts due under chapter seventy and section thirty-seven of chapter twenty-one of the General Laws. No payments to cities, towns, regional school districts or counties maintaining an agricultural school pursuant to this section shall be paid after November thirtieth of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section forty-three of chapter forty-four of the General Laws.

`tcol(*)=5;c1=1,20,tu;c2=23,11,tur;c3=37,11,tur;c4=51,12,tur;c5=66,13,tur `tch `ts `tc2 0611-5500 `tc3 7061-0008 `tc5 0611-5501 `tc2 Additional `tc3 Chapter 70 `tc4 Lottery `tc5 Municipal `tc1 Municipality `tc2 Assistance `tc3 School Aid `tc4 Distribution `tc5 Stabilization `t+1 `tch;end `tc1 ABINGTON*0*3,851,078*933,624*49,876 ACTON*37,368*749,485*604,239*39,923 ACUSHNET*30,043*2,066,625*725,930*36,192 ADAMS*44,096*0*1,027,029*45,646 AGAWAM*0*6,096,684*1,697,549*95,304 ALFORD*0*0*8,038*350 AMESBURY*0*4,752,998*934,509*47,215 AMHERST*280,503*2,809,278*3,453,217*217,428 ANDOVER*0*1,940,906*695,537*50,840 ARLINGTON*5,652,310*2,871,148*2,066,731*127,873 ASHBURNHAM*0*0*243,314*18,674 ASHBY*0*0*159,768*9,915 ASHFIELD*0*0*67,485*4,666 ASHLAND*366,937*745,706*360,290*30,096 ATHOL*5,507*0*852,782*63,511 ATTLEBORO*0*11,582,763*2,343,622*142,141 AUBURN*0*2,522,819*733,416*44,224 AVON*504,148*251,140*209,043*9,227 AYER*55,642*3,665,786*401,191*16,360 BARNSTABLE*0*1,620,378*670,573*60,402 BARRE*0*0*326,531*19,898 BECKET*10,797*1,672*35,440*1,669 BEDFORD*609,391*744,053*317,167*22,261 BELCHERTOWN*0*2,903,010*643,038*36,301 BELLINGHAM*0*4,161,452*967,037*45,490 BELMONT*1,041,278*1,091,292*838,039*49,761 BERKLEY*0*1,131,271*201,238*12,260 BERLIN*0*262,901*111,770*6,064 BERNARDSTON*0*0*108,968*6,813 BEVERLY*3,086,077*3,747,165*1,762,752*104,786 BILLERICA*2,956,313*6,226,658*1,730,437*106,372 BLACKSTONE*0*1,241*560,201*33,413 BLANDFORD*0*0*53,242*3,159 BOLTON*0*65,917*72,919*5,448 BOSTON*206,638,214*66,602,012*27,232,544*1,886,059 BOURNE*443,645*1,279,435*454,076*29,244 BOXBOROUGH*0*87,756*94,128*5,632 BOXFORD*45,818*185,307*166,417*10,343 BOYLSTON*0*164,886*158,680*8,414 BRAINTREE*4,250,822*1,885,496*1,501,952*76,829 BREWSTER*0*136,192*112,688*11,374 BRIDGEWATER*0*3,850,241*1,233,762*82,239 BRIMFIELD*0*408,924*145,273*8,998 BROCKTON*5,424,063*41,027,599*7,596,741*445,017 BROOKFIELD*0*691,420*201,908*13,386 BROOKLINE*4,401,448*1,740,063*1,818,725*119,751 BUCKLAND*0*0*118,534*7,009 BURLINGTON*1,744,603*1,644,883*620,663*48,094 CAMBRIDGE*22,595,349*2,626,192*3,756,704*209,936 CANTON*1,104,851*1,001,949*602,533*35,884 CARLISLE*18,534*187,764*78,845*7,115 CARVER*0*3,245,230*496,322*43,175 CHARLEMONT*0*0*64,715*4,395 CHARLTON*0*0*470,791*31,178 CHATHAM*0*94,625*71,455*4,508 CHELMSFORD*3,190,395*2,944,294*1,290,155*87,649 CHELSEA*4,274,507*15,028,280*2,311,923*150,782 CHESHIRE*0*0*233,160*13,366 CHESTER*0*0*68,608*4,352 CHESTERFIELD*0*4,615*53,043*3,184 CHICOPEE*1,504,526*18,092,935*4,333,839*256,058 CHILMARK*0*7,545*1,398*105 CLARKSBURG*16,502*566,486*176,529*9,669 CLINTON*220,865*4,288,384*967,530*56,488 COHASSET*209,013*527,807*199,483*10,616 COLRAIN*0*0*88,511*6,492 CONCORD*483,163*553,848*419,285*27,847 CONWAY*0*142,427*70,135*4,541 CUMMINGTON*0*7,002*30,551*1,885 DALTON*0*275,565*422,333*27,732 DANVERS*1,408,080*1,282,590*908,100*53,658 DARTMOUTH*0*4,184,868*1,117,033*65,409 DEDHAM*1,950,847*1,444,219*1,023,635*58,713 DEERFIELD*0*340,599*201,469*13,198 DENNIS*0*0*202,603*14,405 DIGHTON*0*0*309,770*17,106 DOUGLAS*0*1,641,587*231,791*17,336 DOVER*0*60,018*90,366*5,441 DRACUT*0*5,323,015*1,324,116*88,693 DUDLEY*0*0*639,807*37,327 DUNSTABLE*37,846*0*69,190*4,767 DUXBURY*0*1,086,889*374,890*28,246 EAST BRIDGEWATER*0*3,290,439*625,928*34,990 EAST BROOKFIELD*0*3,910*136,756*7,264 EAST LONGMEADOW*0*1,749,274*596,239*32,887 EASTHAM*0*51,355*50,111*4,245 EASTHAMPTON*137,004*5,129,671*1,260,162*69,370 EASTON*0*3,281,199*865,313*63,256 EDGARTOWN*35,873*81,723*14,520*1,413 EGREMONT*0*0*33,339*1,608 ERVING*16,548*132,259*20,744*2,059 ESSEX*42,569*178,325*100,329*6,073 EVERETT*5,139,628*3,522,218*1,395,370*106,536 FAIRHAVEN*492,569*3,245,667*942,856*49,235 FALL RIVER*2,882,862*47,209,758*11,396,680*543,557 FALMOUTH*0*1,716,992*518,991*35,701 FITCHBURG*270,312*15,995,019*3,604,785*220,661 FLORIDA*0*64,675*15,765*1,714 FOXBOROUGH*0*2,575,388*730,425*39,658 FRAMINGHAM*5,911,189*3,052,867*2,523,084*199,085 FRANKLIN*0*4,596,043*1,050,220*59,178 FREETOWN*0*532,262*394,376*26,854 GARDNER*151,944*7,060,180*1,601,618*95,552 GAY HEAD*0*960*1,219*35 GEORGETOWN*66,691*1,362,294*293,993*18,563 GILL*0*0*81,767*6,490 GLOUCESTER*2,419,911*2,801,335*1,132,176*63,008 GOSHEN*0*2,755*27,182*1,845 GOSNOLD*2,469*100*167*19 GRAFTON*0*2,327,064*629,153*44,286 GRANBY*0*1,468,443*389,440*19,868 GRANVILLE*0*131,078*54,133*3,746 GREAT BARRINGTON*0*0*375,084*20,909 GREENFIELD*0*5,673,175*1,421,799*74,779 GROTON*0*0*277,779*18,798 GROVELAND*0*0*307,693*17,257 HADLEY*174,084*210,852*136,031*8,517 HALIFAX*0*1,068,672*394,222*23,521 HAMILTON*53,967*0*278,476*16,180 HAMPDEN*0*622,555*289,703*13,612 HANCOCK*22,195*25,965*22,134*823 HANOVER*1,669,092*1,331,099*482,846*26,272 HANSON*0*0*591,758*29,036 HARDWICK*4,062*0*190,760*8,056 HARVARD*69,324*598,943*923,750*52,149 HARWICH*0*309,194*157,933*11,374 HATFIELD*0*304,332*154,126*8,825 HAVERHILL*3,149,881*13,563,007*3,159,061*191,577 HAWLEY*16,264*0*11,661*852 HEATH*0*84,806*17,216*1,812 HINGHAM*420,485*1,419,940*660,086*36,532 HINSDALE*0*33,122*82,716*6,118 HOLBROOK*5,987*3,130,342*706,575*39,293 HOLDEN*0*1,481,241*694,425*46,385 HOLLAND*0*155,798*65,270*5,333 HOLLISTON*518,826*2,322,839*547,573*34,693 HOLYOKE*763,384*33,076,794*4,402,011*227,920 HOPEDALE*0*1,067,418*217,621*21,961 HOPKINTON*151,365*667,964*244,057*17,278 HUBBARDSTON*0*0*94,401*8,576 HUDSON*0*3,987,964*953,031*56,158 HULL*1,747,307*1,799,225*469,472*30,965 HUNTINGTON*0*0*127,399*7,786 IPSWICH*975,780*850,680*467,093*28,640 KINGSTON*0*736,150*364,692*24,225 LAKEVILLE*0*642,091*322,638*17,060 LANCASTER*0*1,324,406*402,564*23,121 LANESBOROUGH*0*356,817*210,341*7,185 LAWRENCE*239,970*45,797,042*6,275,273*444,053 LEE*0*1,054,245*362,298*15,963 LEICESTER*0*3,573,146*786,050*42,183 LENOX*90,787*789,390*346,987*9,572 LEOMINSTER*14,714*11,579,210*2,221,232*141,151 LEVERETT*0*50,754*68,159*5,165 LEXINGTON*0*1,980,631*724,197*49,219 LEYDEN*0*0*23,249*1,977 LINCOLN*367,459*145,405*208,631*13,565 LITTLETON*207,535*454,102*242,172*14,972 LONGMEADOW*0*1,861,563*647,080*34,813 LOWELL*7,978,998*39,959,285*7,189,329*515,428 LUDLOW*0*4,288,783*1,307,554*64,792 LUNENBURG*0*1,831,282*469,263*26,664 LYNN*11,926,220*33,380,141*5,597,804*378,155 LYNNFIELD*455,892*744,350*336,948*23,716 MALDEN*7,030,168*11,983,666*3,737,694*229,140 MANCHESTER*0*303,623*121,218*6,690 MANSFIELD*912,368*1,438,035*533,141*38,933 MARBLEHEAD*49,583*908,917*490,931*36,978 MARION*0*61,253*86,020*5,537 MARLBOROUGH*3,433,241*1,685,629*1,421,943*76,919 MARSHFIELD*255,142*4,576,666*949,218*51,022 MASHPEE*0*184,138*49,317*7,567 MATTAPOISETT*0*150,168*203,982*9,325 MAYNARD*738,519*1,136,067*482,266*33,822 MEDFIELD*937,000*731,641*397,730*25,522 MEDFORD*8,094,393*7,828,106*3,446,751*197,475 MEDWAY*235,317*1,844,248*396,270*26,964 MELROSE*3,402,865*3,486,968*1,510,515*84,002 MENDON*0*0*139,418*10,570 MERRIMAC*0*0*321,055*20,754 METHUEN*205,147*9,770,002*2,133,842*132,127 MIDDLEBOROUGH*0*6,620,380*1,062,108*60,298 MIDDLEFIELD*0*0*20,118*918 MIDDLETON*159,272*185,170*151,923*8,833 MILFORD*0*7,074,288*1,436,859*83,414 MILLBURY*0*2,866,482*808,218*44,210 MILLIS*403,862*953,459*324,292*21,791 MILLVILLE*0*959*143,702*8,021 MILTON*1,566,851*1,086,670*1,063,296*63,874 MONROE*17,526*6,655*4,768*189 MONSON*0*2,298,605*602,396*28,994 MONTAGUE*0*0*554,082*29,736 MONTEREY*15,777*0*21,623*661 MONTGOMERY*0*0*36,113*2,263 MOUNT WASHINGTON*41,886*2,466*1,029*109 NAHANT*157,791*127,474*138,362*7,987 NANTUCKET*0*137,435*29,350*1,991 NATICK*2,444,348*1,714,012*1,054,820*71,091 NEEDHAM*259,216*1,427,873*727,552*44,861 NEW ASHFORD*9,203*6,270*2,693*321 NEW BEDFORD*901,313*54,940,033*11,304,438*591,826 NEW BRAINTREE*0*0*40,978*2,848 NEW MARLBOROUGH*0*0*26,263*1,366 NEW SALEM*0*0*45,190*1,905 NEWBURY*0*477,602*179,058*13,102 NEWBURYPORT*1,736,621*1,823,817*737,331*39,960 NEWTON*1,732,789*3,589,466*2,371,645*142,393 NORFOLK*0*905,788*325,518*29,500 NORTH ADAMS*233,872*7,748,910*2,177,540*117,177 NORTH ANDOVER*151,695*1,511,418*729,919*55,172 NORTH ATTLEBORO*0*5,880,425*1,228,072*76,275 NORTH BROOKFIELD*0*1,815,805*354,730*21,540 NORTH READING*1,189,787*882,589*481,121*27,558 NORTHAMPTON*727,239*5,217,048*1,949,265*100,337 NORTHBOROUGH*76,900*1,089,051*439,543*30,058 NORTHBRIDGE*3,865*4,258,004*1,039,924*64,620 NORTHFIELD*0*0*101,285*8,871 NORTON*0*3,734,458*931,185*50,403 NORWELL*680,878*850,454*316,660*17,470 NORWOOD*3,354,660*1,503,800*1,191,109*65,898 OAK BLUFFS*0*44,583*25,003*2,112 OAKHAM*0*0*55,875*4,783 ORANGE*2,661*2,340,413*742,661*35,441 ORLEANS*0*41,788*74,084*4,711 OTIS*0*0*12,655*760 OXFORD*0*4,048,871*957,406*47,115 PALMER*0*3,537,574*876,260*46,174 PAXTON*0*410,102*189,272*12,248 PEABODY*3,951,625*7,104,556*2,238,929*142,233 PELHAM*0*16,933*59,315*3,988 PEMBROKE*0*1,880,653*729,962*40,312 PEPPERELL*0*0*495,045*33,536 PERU*0*36,916*41,797*2,662 PETERSHAM*0*31,768*44,760*2,895 PHILLIPSTON*5,519*0*44,364*4,465 PITTSFIELD*1,107,722*17,849,823*3,765,842*183,499 PLAINFIELD*0*0*15,847*1,101 PLAINVILLE*0*683,577*295,602*18,228 PLYMOUTH*0*6,637,585*1,195,631*107,562 PLYMPTON*0*196,191*92,569*5,238 PRINCETON*0*285,144*120,687*7,322 PROVINCETOWN*27,912*114,203*66,417*4,063 QUINCY*14,555,556*8,070,229*4,570,533*271,167 RANDOLPH*2,297,597*4,729,390*1,507,589*100,961 RAYNHAM*0*1,579,879*537,312*25,421 READING*1,931,472*1,780,427*943,649*64,642 REHOBOTH*0*0*406,259*24,090 REVERE*6,712,698*7,760,301*2,476,178*152,631 RICHMOND*0*79,829*54,533*3,357 ROCHESTER*0*422,279*179,343*9,158 ROCKLAND*496,221*5,166,752*1,122,815*54,503 ROCKPORT*0*337,087*167,283*13,981 ROWE*0*14,090*960*151 ROWLEY*143,746*523,028*173,084*10,815 ROYALSTON*0*1,855*55,922*3,134 RUSSELL*0*0*90,160*6,706 RUTLAND*0*1,056,727*348,941*17,916 SALEM*4,151,021*3,769,025*1,635,310*114,961 SALISBURY*0*840,417*278,537*14,594 SANDISFIELD*0*0*15,126*653 SANDWICH*111,247*1,717,013*183,844*27,364 SAUGUS*2,245,040*1,808,959*946,943*65,897 SAVOY*17,367*172,161*47,344*2,195 SCITUATE*1,101,119*1,352,545*695,739*34,503 SEEKONK*0*1,870,512*580,475*30,324 SHARON*78,642*2,183,921*581,683*39,890 SHEFFIELD*15,023*0*98,729*5,528 SHELBURNE*0*0*130,057*6,665 SHERBORN*26,364*107,112*101,080*5,331 SHIRLEY*233,500*1,621,958*395,123*27,368 SHREWSBURY*376,077*2,751,083*1,024,322*66,175 SHUTESBURY*0*110,652*48,203*4,234 SOMERSET*0*1,701,636*594,944*40,488 SOMERVILLE*20,410,649*12,757,205*5,718,638*355,151 SOUTH HADLEY*25,437*3,385,475*1,139,762*66,984 SOUTHAMPTON*0*673,496*253,115*13,287 SOUTHBOROUGH*0*298,720*187,413*11,559 SOUTHBRIDGE*0*7,772,625*1,500,986*92,407 SOUTHWICK*0*0*523,634*27,155 SPENCER*0*90,620*940,801*53,212 SPRINGFIELD*2,302,181*105,365,762*13,482,158*852,457 STERLING*0*568,849*277,482*18,422 STOCKBRIDGE*0*235*52,537*2,945 STONEHAM*2,553,177*1,079,185*933,153*63,741 STOUGHTON*129,781*5,613,990*1,494,962*83,013 STOW*8,776*294,469*168,354*12,490 STURBRIDGE*0*520,951*264,277*20,604 SUDBURY*807,321*652,000*418,367*25,447 SUNDERLAND*0*398,312*192,803*11,750 SUTTON*0*1,445,489*336,754*16,519 SWAMPSCOTT*443,359*766,654*425,605*28,366 SWANSEA*0*3,215,256*945,344*45,333 TAUNTON*0*17,860,649*4,298,774*213,743 TEMPLETON*0*0*539,250*28,945 TEWKSBURY*0*5,526,043*1,278,271*78,045 TISBURY*0*52,683*46,469*2,659 TOLLAND*12,413*0*2,218*151 TOPSFIELD*318,725*122,382*181,570*12,837 TOWNSEND*0*0*442,814*29,442 TRURO*0*21,173*13,112*677 TYNGSBOROUGH*0*1,598,475*291,568*25,128 TYRINGHAM*0*2,100*6,914*309 UPTON*0*0*233,094*11,732 UXBRIDGE*0*2,167,827*589,764*39,513 WAKEFIELD*1,809,635*2,237,316*1,072,165*64,240 WALES*0*342,895*93,706*5,165 WALPOLE*1,112,115*2,014,640*818,861*47,382 WALTHAM*6,869,270*3,237,026*2,485,099*145,675 WARE*19,199*3,097,132*743,067*40,931 WAREHAM*0*4,160,997*969,617*45,465 WARREN*0*0*305,218*18,755 WARWICK*36,354*0*29,976*2,256 WASHINGTON*29,889*0*30,735*1,814 WATERTOWN*5,571,114*991,787*1,378,103*92,443 WAYLAND*352,813*894,947*327,396*19,397 WEBSTER*78,026*4,401,329*1,003,299*61,949 WELLESLEY*121,858*1,084,794*642,823*38,505 WELLFLEET*0*28,688*25,975*1,630 WENDELL*32,131*0*47,628*3,352 WENHAM*175,913*0*125,360*10,625 WEST BOYLSTON*85,259*708,011*297,479*13,851 WEST BRIDGEWATER*59,411*1,197,748*323,069*12,843 WEST BROOKFIELD*0*0*188,861*11,830 WEST NEWBURY*0*0*122,884*8,262 WEST SPRINGFIELD*0*5,815,291*1,473,874*78,509 WEST STOCKBRIDGE*0*0*51,476*2,507 WEST TISBURY*229,569*67,658*9,010*868 WESTBOROUGH*182,536*930,487*436,754*24,248 WESTFIELD*0*12,496,986*2,655,987*163,176 WESTFORD*1,126,887*1,520,167*550,929*36,153 WESTHAMPTON*0*62,560*54,809*3,487 WESTMINSTER*0*0*227,867*16,266 WESTON*0*330,583*199,773*10,050 WESTPORT*0*1,998,011*667,687*28,433 WESTWOOD*45,632*792,125*327,259*20,158 WEYMOUTH*3,050,391*11,735,678*3,393,288*196,687 WHATELY*0*42,262*59,547*2,916 WHITMAN*0*0*988,918*50,605 WILBRAHAM*0*1,414,915*559,956*34,735 WILLIAMSBURG*0*232,720*142,815*8,545 WILLIAMSTOWN*0*645,710*490,308*23,994 WILMINGTON*1,578,564*1,380,552*578,543*36,231 WINCHENDON*31,919*3,723,830*638,906*39,088 WINCHESTER*433,387*1,371,330*607,257*35,461 WINDSOR*35,260*579*22,160*1,709 WINTHROP*2,878,558*2,613,088*1,211,633*66,769 WOBURN*4,513,710*1,871,847*1,431,980*81,817 WORCESTER*14,860,192*56,359,770*12,815,549*775,244 WORTHINGTON*0*0*43,738*2,615 WRENTHAM*0*1,063,321*420,760*27,742 YARMOUTH*0*0*430,102*34,230 `t+1 `tcol;end

`tcol(*)=2;c1=1,35,tu;c2=37,11,tur `tch `ts `tc1 REGIONAL SCHOOL
`tch;end `tc1 ACTON-BOXBOROUGH*1,812,892 ADAMS-CHESHIRE*6,094,064 AMHERST-PELHAM*4,558,778 ASHBURNHAM-WESTMINSTER*4,911,202 ASHFIELD-PLAINFIELD*384,452 ASSABET VALLEY*2,539,164 ATHOL-ROYALSTON*8,594,449 BERKSHIRE HILLS*2,181,353 BERLIN-BOYLSTON*626,432 BLACKSTONE-MILLVILLE*5,329,982 BLACKSTONE VALLEY*3,412,404 BLUE HILLS*2,956,232 BRIDGEWATER-RAYNHAM*2,955,538 BRISTOL COUNTY*1,194,295 BRISTOL-PLYMOUTH*3,500,684 BUCKLAND-SHELBURNE*1,186,661 CAPE COD*1,544,411 CENTRAL BERKSHIRE*4,316,541 CHESTERFIELD-GOSHEN*312,925 CONCORD-CARLISLE*1,021,983 DENNIS-YARMOUTH*3,802,688 DIGHTON-REHOBOTH*6,874,848 DOVER-SHERBORN*705,452 DUDLEY-CHARLTON*8,174,529 ESSEX COUNTY*2,571,567 FARMINGTON RIVER*190,721 FRANKLIN COUNTY*1,639,205 FREETOWN-LAKEVILLE*3,620,488 FRONTIER*757,343 GATEWAY*4,143,607 GILL-MONTAGUE*4,051,828 GREATER FALL RIVER*5,488,523 GREATER LAWRENCE*7,746,629 GREATER LOWELL*9,703,199 GREATER NEW BEDFORD*9,540,245 GROTON-DUNSTABLE*2,472,583 HAMILTON-WENHAM*2,014,021 HAMPDEN-WILBRAHAM*1,946,851 HAMPSHIRE*1,293,690 HAWLEMONT*336,227 KING PHILIP*2,884,388 LINCOLN-SUDBURY*1,279,627 MARTHA'S VINEYARD*485,093 MASCONOMET*1,554,245 MENDON-UPTON*2,550,891 MINUTEMAN*2,092,203 MOHAWK TRAIL*1,532,879 MONTACHUSETT*4,865,353 MOUNT GREYLOCK*1,528,613 NARRAGANSETT*4,471,513 NASHOBA*895,964 NASHOBA VALLEY*1,735,872 NAUSET*1,219,451 NEW SALEM-WENDELL*423,895 NORFOLK COUNTY*593,313 NORTH MIDDLESEX*10,087,260 NORTH SHORE*1,034,275 NORTHAMPTON-SMITH*734,192 NORTHBOROUGH-SOUTHBOROUGH*1,046,869 NORTHEAST METROPOLITAN*3,172,700 NORTHERN BERKSHIRE*1,878,360 OLD COLONY*1,810,816 OLD ROCHESTER*1,034,729 PATHFINDER*1,695,656 PENTUCKET*6,082,609 PIONEER VALLEY*1,838,911 QUABBIN*6,863,455 QUABOAG*4,422,504 RALPH C. MAHAR*2,414,562 SHAWSHEEN VALLEY*2,892,233 SILVER LAKE*5,989,255 SOUTH MIDDLESEX*2,112,596 SOUTH SHORE*1,444,323 SOUTHEASTERN*5,986,736 SOUTHERN BERKSHIRE*1,169,531 SOUTHERN WORCESTER*3,791,140 SOUTHWICK-TOLLAND*4,608,821 SPENCER-EAST BROOKFIELD*9,064,519 TANTASQUA*2,884,203 TRI COUNTY*2,091,909 TRITON*1,915,225 UPPER CAPE COD*1,159,362 WACHUSETT*3,006,629 WHITMAN-HANSON*12,117,867 WHITTIER*4,184,776 WORCESTER TRADE*5,962,473 `tcol;end

SECTION 4. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

SECTION 5. Notwithstanding the provisions of sections thirty-one of chapter eighty-one of the General Laws or any other special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-four proportional to the fiscal year nineteen hundred and ninety-three distribution of said Highway Fund reimbursements.

SECTION 6. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under section two of this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.

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

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

SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, the appropriations made by this act shall constitute complete satisfaction of all the financial obligations of the commonwealth for fiscal year nineteen hundred and ninety-four pursuant to chapter seventy-one of the acts of nineteen hundred and ninety-three.

SECTION 8. If the commissioner of the department of social services determines that funds made available pursuant to items 4800-0016, 4800-0017, 4800-0030 and 4800-0041 of section two of this act are insufficient to fund the services for which said items may be expended, said commissioner may, after submitting such written determination and giving thirty days prior notice to the house and senate committees on ways and means and the secretaries of administration and finance and health and human services, reallocate fifteen percent of the amount appropriated for each of said items among said items as deemed necessary in conformance with said notice.

The department of social services shall file with house and senate committees on ways and means quarterly family-based services reports. Said reports shall indicate the number of clients of said department who have been transferred from the foster care and group care caseloads to family-based services provided by the department. Said reports shall be filed no later than fifteen days after the end of each quarter of the fiscal year beginning July first, nineteen hundred and ninety-three.

SECTION 9. Notwithstanding the provisions of any general or special law to the contrary, if the department of social services receives non-tax revenues in excess of the estimated amount of non-tax revenue receipts for said department in section one B of this act, said department may retain and expend said excess revenues for the purposes of implementing the recommendations of the Special Commission on Foster Care; provided, however, that the department shall not expend said excess revenues until the General Court approves a supplemental budget request authorizing such expenditures.

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, any agency, department, division, or commission within the executive office of consumer affairs and business regulation which is authorized to assess a regulated entity for the cost of the operation and general administration of such agency, department, division or commission shall add to such assessment so much of the operating costs of said executive office as are attributable to said agency, department, division or commission.

SECTION 11. The group insurance commission is hereby directed to develop a rational and equitable chargeback plan, which takes into account true health insurance costs per employee, to replace the system of agency chargebacks most recently in use. The commission is shall examine the possibility of developing incentives, either as part of said chargeback plan or otherwise, to encourage employees to enroll in more cost-effective health insurance plans. The commission shall submit a report of its plan, as well as draft legislation to implement such plan, if necessary, to the house and senate committees on ways and means, and to the secretary of administration and finance, no later than October thirty-first, nineteen hundred and ninety-three.

SECTION 12. The secretary of administration and finance shall annually on or before February first submit to the house and senate committees on ways and means the following information for each state authority as defined by section one of chapter twenty-nine of the General Laws and for each regional transit authority which has debt authorized, but unissued, or currently outstanding, whether or not such state or regional transit authority receives a periodic appropriation from the commonwealth: (1) a statement of authorized, but unissued, and currently outstanding bonds and notes of the authority as of the end of the preceding state fiscal year; (2) an estimate of the amounts of said bonds and notes to be authorized, but unissued and currently outstanding at the end of the current state fiscal year; and (3) an estimate of the amount of said bonds and notes, including the amounts to be sold, retired, or refinanced, at the end of the subsequent state fiscal year; and (4) a summary, by sources, of revenues to finance said bonds and notes including any dedicated funding or any other financial assistance from the commonwealth, including but not limited to guarantees, contract assistance, or other such assistance.

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

SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of that agency who are on leave of absence for a period of more than one year. The amounts received in payment for such charges shall be credited to the General Fund.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs incurred on behalf of the employees of said agencies. The commissioner of the division of public employee retirement administration shall notify agencies within ten days of the effective date of this act as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-four.

The commissioner of the division of public employee retirement administration shall notify agencies not later than fourteen days after the effective date of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-four, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-three and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said commissioner shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-four. Within thirty days after the effective date of this act, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber funds that are sufficient to meet the annual charges on behalf of such agency.

The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer said amount to item 1108-6201 of section two of this act for the purposes of workers' compensation paid to public employees for any costs incurred during the fiscal year. The division of public employee retirement administration may expend an amount so collected for all agencies under this section not to exceed seventy-two million four hundred and ninety-nine thousand and seventy-nine dollars, to pay for hospital, physician, benefits, and other costs without further appropriation.

By not later than fourteen days after the effective date of this act, and on the first day of each succeeding quarter during the fiscal year, the division of public employee retirement administration shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency.

The commissioner of the division of public employee retirement administration is authorized to establish regulations and procedures to implement this section; provided, however, that all regulations and procedures to further implement this section and amendments thereto shall be filed with the house and senate committees on ways and means prior to implementation. Said secretary shall file a quarterly report, which shall include the annual estimated charge, and the quarterly actual charge, and explanations for any unpaid charges with the house and senate committees on ways and means.

SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, no funds of the state employees' retirement system, the state teachers' retirement system, or the Pension Reserves Investment Trust Fund shall be loaned or pledged to the commonwealth, or used for the purchase of any bond, note or other obligation of the commonwealth without the prior approval of the investment committee established under paragraph (a) of subdivision (1) of section twenty-three of chapter thirty-two of the General Laws or of the pension reserves investment management board, as applicable, and the prior written notification of the house and senate committees on ways and means; provided, that the requirements of this section shall be in addition to and not in lieu of any other requirements established under any general or special law for the investment and use of such funds, and shall not be construed to affect any other obligations of said systems or said fund.

SECTION 16. The secretary of communities and development is hereby authorized and directed to expend funds appropriated in item 3100-0200 of section two of this act to develop and implement a program of competitive municipal management grants designed to promote economy, efficiency and effectiveness in the delivery of local services by cities and towns. Such a program shall include, but not be limited to, an emphasis on sound fiscal management, innovative programs, service cost savings, regionalization, privatization, shared services, collaborative purchasing and professional management, including equipment and hardware; provided, however, that the program guidelines and selection criteria shall allow all thirteen of the commonwealth's designated regional planning agencies the right to directly apply for municipal incentive grants inasmuch as said agencies are, by definition, composed of local governments; provided, further, that the secretary may allow the Southeastern Massachusetts Partnership or any other collaborative established pursuant to law comprising two or more municipalities to participate in the program authorized by this section; provided, further, that the secretary shall monitor the expenditure of grant funds by said agencies to ensure the compliance by each agency with its plan of activities and shall withdraw approval of any grant to a regional planning agency found not to be in compliance with its plan of activities; provided, further, that said grants may provide funding for feasibility studies, planning, personnel or project start-up costs, building capacity, program operation and information transfer; provided, further, that nothing in these provisions shall prohibit an individual city or town from applying or competing for municipal incentive grants; and provided, further, that funds appropriated in said item may be provided in advance.

SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, operating expenditures of the Massachusetts Bay Transportation Authority and for each transportation area and regional transportation authority for the fiscal year ending June thirtieth, nineteen hundred and ninety-four shall not exceed one hundred and three percent of their operating expenditures for the fiscal year ending June thirtieth, nineteen hundred and ninety-three.

SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, all funds from item 8910-0000 of section two of this act shall be distributed quarterly to county sheriffs in amounts to be determined by the county government finance review board, after consultation with the executive office of public safety and the Massachusetts sheriffs' association.

On or before July thirty-first, nineteen hundred and ninety-three, each county sheriff shall submit to the county government finance review board, the executive office of public safety, and the house and senate committees on ways and means a fiscal year nineteen hundred and ninety-four interim spending plan. The county government finance review board shall prescribe the format of said spending plan. Each county sheriff shall submit such expenditure reports as the county government finance review board may request and in the format which the county government finance review board may prescribe.

On or before November fifteenth, nineteen hundred and ninety-three, the county government finance review board, after consultation with the executive office of public safety and the Massachusetts sheriffs' association, shall issue a revised distribution plan for the final two quarters of fiscal year nineteen-hundred and ninety-four, and shall use said plan to make all subsequent quarterly distributions. The board shall transmit a copy of said plan to each sheriff. The board shall file a copy of said plan with the house and senate committees on ways and means. Said plan shall take effect if approved by the house committee on ways and means.

On or before December thirty-first, nineteen hundred and ninety-three, each county sheriff shall submit a final spending plan to the county government finance review board, detailing steps necessary to restrict spending to the level contained in the distribution plan. Said final spending plans shall be submitted in the format prescribed by the county government finance review board; provided, that copies shall also be sent to the house and senate committees on ways and means and the executive office of public safety. Failure by a county sheriff to comply with any provision of this section shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of ninety-five percent of the rate of expenditure for fiscal year nineteen hundred and ninety-three, as determined by the county government finance review board.

The county government finance review board, after consultation with the executive office of public safety, shall develop, or select a qualified vendor to conduct, a staffing analysis of each county correctional system, to be paid for from item 8910-0000 in section two of this act. Such study shall determine the most cost effective staffing plan for each facility, as well as the minimum staffing required to safely operate the facility. The county government finance review board, the executive office of public safety and the Massachusetts sheriffs' association shall jointly oversee the progress of the staffing analysis.

Funds distributed pursuant to line item 8910-0000 of section two of this act and to this section shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county. The treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under said item. Upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to funds advanced. All funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction. The sheriff's department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county, including, but not limited to, the cost of employee benefits.

SECTION 19. Each county shall expend during the fiscal year for the operation of the sheriff's department, in addition to the amount distributed to it from item 8910-0000 in section two of this act, not less than one hundred and two and one-half percent of the amount expended in fiscal year nineteen hundred and ninety-three for such purposes from own-source revenues including, but not limited to, amounts levied pursuant to sections thirty and thirty-one of chapter thirty-five of the General Laws and amounts provided pursuant to sections eleven to thirteen, inclusive, of chapter sixty-four D of the General Laws. For purposes of this calculation, the amount expended in fiscal year nineteen hundred and ninety-three shall not include personnel-related expenses other than salaries. Notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of revenue for local services shall certify on or before May fifteenth, nineteen hundred and ninety-four, that all municipalities have appropriated and transferred to their respective county treasuries not less than one hundred and two and one-half percent of the municipality's prior year obligations for county corrections. If any municipality fails to transfer said obligation, said deputy commissioner is hereby authorized and directed to withhold an amount equal to the shortfall in the obligation due to the county from said municipality's fourth quarter local aid cherry sheet distribution, so called, from item 0611-5500 of section two and from funds made available in section three.

In fiscal year nineteen hundred and ninety-four, notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager. The commissioner of revenue is authorized to adjust the assessment limit of any county under section twenty A of chapter fifty-nine of the General Laws by the amount by which the sum of the county's expenditures for the operations of the sheriff's department in fiscal nineteen hundred and ninety-three and one hundred and two and one-half percent of the county's fiscal nineteen hundred and ninety-three assessment limit exceeds the sum of its distribution from this line item in fiscal nineteen hundred and ninety-four and its otherwise applicable fiscal nineteen hundred and ninety-four assessment limit.

The county treasurer is hereby authorized and directed, not later than March thirty-first, nineteen hundred and ninety-four, to transfer amounts expended pursuant to this section from the general treasury of the county into an account established for the purpose of receiving said funds. The dollar amount of such transfer shall be approved by the county government finance review board. On or before August first, nineteen hundred and ninety-three, the county treasurer shall notify and request the approval of the county government finance review board of the dollar amount to be so transferred. The county government finance review board shall certify to the county treasurer the amount so approved. The county government finance review board is authorized to determine and certify to the county treasurer the amount of such transfer should the notification and request not be received on or before August first, nineteen hundred and ninety-three. The county treasurer is further authorized and directed to transfer corrections deeds excise funds and county correction fund grants into said account.

SECTION 20. Notwithstanding the provisions of any general or special law to the contrary, funds appropriated in item 1231-1000 in section two of this act to the Commonwealth Sewer Rate Relief Fund shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. Eligible indebtedness shall be defined as debt issued after January first, nineteen hundred and ninety-two which has a final date of maturity greater than five years after the date of issuance and is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design or construction of any water pollution abatement project, or part thereof required to be constructed to meet the provisions of the Federal Clean Water Act, 33 USC, Secs. 1251, et seq., and sections twenty-six to fifty-three, inclusive, of chapter twenty-one of the General Laws, or any wastewater collection or transportation project related thereto; provided, that eligible indebtedness shall not include any portion of indebtedness for which the issuer has or will receive assistance provided from other revenue sources including, but not limited to, federal grants and loan agreements provided under the provisions of said chapter two hundred and seventy-five, as most recently amended by chapter two hundred and three of the acts of nineteen hundred and ninety-two; provided further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board, or other instrumentality of the commonwealth or any of its political subdivisions, which are responsible for the ownership or operation of wastewater treatment projects and are authorized to finance all or any part of the cost through the issue of eligible indebtedness, shall receive relief authorized herein in excess of twenty percent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; provided, that funds appropriated to the Commonwealth Sewer Rate Relief Fund by item 1231-1000 of section two of this act shall be disbursed to eligible issuers under the terms of this section on or before December thirty-first, nineteen hundred ninety-three. Said appropriation of thirty million dollars shall be repeated in each fiscal year.

SECTION 21. Notwithstanding the provisions of any general or special to the contrary, during the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the department of environmental protection is hereby authorized to expend a sum not more than five million three hundred and thirty seven thousand nine hundred and forty-one dollars from the Water Pollution Abatement Projects Administration Fund solely for the administration of the provisions of section twenty-seven A of chapter twenty-one of the General Laws.

SECTION 22. Notwithstanding the provisions of any general or special law to the contrary, each district attorney shall file with the attorney general detailed reports on the operation of the domestic violence unit within his office. Said reports shall include, but not be limited to, prosecution of domestic violence offenders, training of law enforcement personnel in the handling of domestic violence cases, cooperation with other public and private domestic violence service providers, provision of counseling or therapy for both victims of domestic violence and domestic violence offenders and allocation of resources and personnel within such domestic violence units. Said reports shall be filed on December first, nineteen hundred and ninety-three, April fifteenth, nineteen hundred and ninety-four and a final report on June first, nineteen hundred and ninety-four. On June fifteenth, nineteen hundred and ninety-four, the attorney general shall file a report detailing a model domestic violence prosecution unit incorporating those features of each district attorney's domestic violence unit which said district attorney reports have shown to be the most successful. Said attorney general report shall be filed with the joint committee on criminal justice and the house and senate committees on ways and means.

SECTION 23. There is hereby established on the books of the commonwealth a fund to be known as the Asbestos Cost Recovery Fund. Notwithstanding any general or special law to the contrary, all sums awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgment from Commonwealth of Massachusetts v. Owens Corning Fiberglass, et al., Suffolk Superior Court No. 90-3791-A, or received as payments by the commonwealth on account of the bankruptcy of any manufacturer, seller or distributor of asbestos containing materials in any building that the commonwealth owns, operates or has a property interest in shall be segregated and held in such trust. The division of capital planning and operations shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos. The plan, which shall be subject to revision as necessary, shall contain provisions for emergencies, the short term and long term control of asbestos in buildings that the commonwealth owns, operates or has a property interest in, and the removal and disposition of asbestos containing materials located in such buildings. Any funds deposited in said fund shall not revert at any time to the General Fund, but shall remain available for the purposes provided herein. Any funds deposited as described above shall be expended by the division of capital planning and operations, subject to appropriation, consistent with the purposes of this section.

SECTION 24. Notwithstanding the provisions of section forty-four A of chapter one hundred and forty-nine of the General Laws, the commissioner of the division of capital planning and operations is hereby authorized, during fiscal year nineteen hundred and ninety-four, to solicit proposals for and award contracts to the lowest bidder demonstrably possessing the skill, ability, and integrity necessary to perform faithfully energy management services at buildings owned by state agencies or building authorities; provided, however, that such awards shall be made pursuant to the provisions of section twenty A of chapter nine, and sections forty-four D and forty-four J of chapter one hundred and forty-nine of the General Laws; and provided further, that any invitation to bid on such energy conservation contracts, as authorized in this section, shall be filed with the division of energy resources at least fourteen days prior to the publication of any notice of such invitations to bid; and, provided further, that upon receipt of such invitations to bid the division shall post such invitations in a conspicuous manner for inspection by all interested parties. Such contracts shall be subject to appropriation and may include terms of ten years or less, provisions allocating between the parties any cost savings attributable to a reduction in energy and water consumption due to the contractor's performance or revenues gained due to contractor's services which are aimed at energy and water cost savings, and authorization for the contractor, subject to the approval of said commissioner, to undertake various repairs and modifications to the mechanical systems of said buildings. Energy management contracts that include cogeneration projects shall include terms of twenty years or less. The commissioner may delegate to state agencies and building authorities the authority to enter into such agreements with an estimated construction cost of less than two hundred thousand dollars. Such delegation shall be in writing from the commissioner to the requesting agency or building authority.

Notwithstanding the provisions of sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine of the General Laws, cities, towns, local housing authorities, and counties are hereby authorized, during fiscal year nineteen hundred and ninety-four, to award contracts for the purchase of energy management services to the bidder demonstrably possessing the skill, ability, and integrity to perform faithfully such services on the terms most favorable to the awarding authority; provided, that such awards shall be made after (i) public advertising for proposals, at least fourteen days before the date specified for the submission of proposals, in at least one newspaper, if any, published in the town, city or county and in the central register published by the state secretary pursuant to section twenty A of chapter nine of the General Laws and (ii) prompt publication of the successful bidder. Contracts awarded under this paragraph may include provisions allocating between the parties any cost savings attributable to a reduction in energy consumption due to the contractor's performance. Any invitation to bid on such energy conservation contracts offered by any city, town, housing authority, or county shall be filed with the division of energy resources at least sixty days prior to the publication of any notice of such invitations to bid; and, provided further, that upon receipt of such invitations to bid the division shall post such invitations in a conspicuous manner for inspection by all interested parties.

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

SECTION 25. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said project as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed seven percent of the following appropriation accounts: 1100-1561, 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-7898, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895 and 1102-8899.

SECTION 26. In accordance with the provisions of section forty G of chapter seven of the General Laws, the commissioner of capital planning and operations is hereby authorized to include an escalator clause in state agency leases of space entered into between July first, nineteen hundred and ninety-three and June thirtieth, nineteen hundred and ninety-four; provided, that the maximum escalation rate shall not exceed limits to be established in regulations promulgated by the commissioner. The commissioner shall file with the house and senate committees on ways and means any regulations adopted pursuant to this section and any amendments thereto, immediately upon their adoption, and shall report quarterly to said committees on any leases entered into subject to the provisions of this section and the maximum escalation rate pertaining thereto.

SECTION 27. Notwithstanding the provisions of any general or special law to the contrary the comptroller is hereby authorized and directed to submit to the house and senate committees on ways and means, on or before November second, nineteen hundred and ninety-three a detailed actual end-of-year expenditure and revenue histories, by line item, by subsidiary, for the fiscal years nineteen hundred and eighty-eight through nineteen hundred and ninety-three. Said expenditure and revenue histories may be transmitted to said committees by electronic media.

SECTION 28. Notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws or any other general or special law to the contrary, the state treasurer shall assess the members of any mosquito control district up to one hundred percent of the amount appropriated during fiscal year nineteen hundred and ninety-four for expenditures on behalf of said district and for the cost of the state reclamation board.

SECTION 29. Each member of the general court shall be paid an allowance for each day after prorogation of the general court when on legislative business affairs at the state house in accordance with the schedule contained in section nine B of chapter three of the General Laws.

SECTION 30. The department of social services, in conjunction with the appropriate collective bargaining agent, shall develop a system for prioritizing cases to ensure that individual social workers shall meet the caseload standards recommended by the Governor's special commission on foster care. The system of prioritizing cases shall be reported to the legislature no later than December thirty-first, nineteen hundred ninety-three. The number of social workers with caseloads over the numbers recommended by the Governor's special commission on foster care shall also be reported to the legislature on a quarterly basis.

SECTION 31. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of social services is hereby authorized and directed to develop and implement a sliding fee for the provision of all out of home placement services, including foster care, funded by the department. Said fees shall be imposed solely upon voluntary placements. Fees charged under said sliding schedule shall be based on the financial circumstances of parents of the child in placement, including but not limited to, income, assets, and liabilities. The department shall provide affected parents at least thirty days notice of an impending fee charge before implementation of said sliding fee schedule. No such fees shall be charged to individuals and families whose incomes are at or below one hundred and fifty percent of the federal poverty level. The commissioner may authorize a waiver or an adjustment of said sliding fee copayment if the commissioner determines that the imposition of said fee would create a financial hardship due to recent disaster or extraordinary medical or other expenses. Said commissioner shall file a schedule of all fees, including an estimate of new revenues resulting therefrom, with the house and senate committees on ways and means no later than March fifteenth, nineteen hundred and ninety-four.

SECTION 32. Notwithstanding the provisions of section three of chapter six B of the General Laws or any other general or special law to the contrary, no acute hospital shall deny access to care and services to recipients of the healthy start program established by section twenty-four D of chapter one hundred and eleven of the General Laws; provided, that such recipients shall be exempt from any collection action, preadmissions deposit or any other form of billing or collection procedures arising from treatment by an acute care hospital provided under the healthy start program; provided further, that a healthy start card will constitute sole verification of application and eligibility for free care for inpatient hospital services.

SECTION 33. Notwithstanding any general or special law to the contrary, the department of medical security is hereby authorized and directed to transfer one million dollars to the Bay State Skills Corporation from the labor shortage fund established in section eighty-three of chapter twenty-three of the Acts of nineteen hundred and eighty-eight; provided, however, that said amount is available in said fund. The commissioner shall transfer funds to said corporation on or before August first, nineteen hundred and ninety-three.

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, the amount appropriated in item 0612-2000 of section two of this act is available to fulfill certain pension obligations of the commonwealth pursuant to chapters seven hundred and twelve and seven hundred and twenty-one of the acts of nineteen hundred and eighty-one, chapter one hundred and fifty-four of the acts of nineteen hundred and eighty-three, chapter sixty-seven of the acts of nineteen hundred and eighty-eight, and chapter six hundred and twenty-one of the acts of nineteen hundred and eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith; and for pensions of retired judges or their widows; for retirement, allowances of certain employees formerly in the service of the metropolitan district commission; for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan sewage district; for retirement allowances of certain veterans formerly in the service of the metropolitan water system; and, for annuities of the uniformed branch of the state police.

SECTION 35. The estimated cost of fringe benefits and indirect costs associated with the operation of training facilities and curriculum for fire fighting personnel of the Massachusetts fire fighting academy shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated within the commonwealth within thirty days after notice from the commissioner of public safety of such estimated expenses; provided, however, that said costs shall be apportioned according to the provisions set forth in section one hundred and ninety-five of chapter one hundred and seventy-five of the General Laws.

SECTION 36. Notwithstanding the provisions of any general or special law to the contrary, expenses incurred by the residential conservation service program within the division of energy resources, up to a maximum of one hundred eighty-eight thousand and forty-seven dollars, plus indirect costs as determined by the secretary of administration and finance and the cost of fringe benefits as calculated by said secretary pursuant to section six B of chapter twenty-nine of the General Laws, shall be assessed upon utility companies in accordance with the provisions of chapter twenty-five A of the General Laws.

SECTION 37. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 5011-0200 shall be available for expenditure only when the following conditions are met:

(a) On or before November first, nineteen hundred and ninety-three, the department of mental health shall file a financial plan with the clerk of the house of representatives and the clerk of the senate that details by line item, by subsidiary, by program and by facility, year-to-date actual and projected expenditures for the first two quarters of fiscal year nineteen hundred and ninety-four. Said plan shall include, but not be limited to, personnel schedules for each such item, program and facility showing the weekly compensation amount, position title, functional title, step level and full-time status for each employee; an organizational chart for each administrative office, program and facility; actual and projected subsidiary transfers, including documentation substantiating the necessity of such transfers; client caseload for each purchase of service contract, program and facility; actual and projected expenditures and units of service for each purchase of service contract; actual and projected expenditures by facility, including lower subsidiary spending by object code; actual and projected revenues by line item, program and facility; and an explanation of any actions taken to restructure, reorganize or otherwise alter administrative accounts, programs and facility operations which have an impact on the appropriations for said department in section two. Said report shall describe any savings or increases in expenditures which in the opinion of the commissioner of the department are necessary to maintain the level of services provided for by the appropriations in section two. Said plan shall be accompanied by a report on projects to maximize efficiency in billing processes and to coordinate revenue collections and accounting between facilities, area offices, and the central office.

(b) Said plan shall further report on projected expenditures, personnel, caseload and contracts by line item, subsidiary, program and facility for the third and fourth quarters of fiscal year nineteen hundred and ninety-four, including, but not limited to, the information required to be detailed in paragraph one.

(c) Said clerks shall forward said plan to the house and senate committees on ways and means. Said committees shall report, on or before December fifteenth, nineteen hundred and ninety-three, whether said plan complies with the provisions of paragraphs (a) and (b) and with a recommendation to the general court to approve or reject said plan by a majority vote.

The secretary of administration and finance is hereby authorized and directed to appoint a receiver for the department of mental health in the event that said committees certify to said secretary that the department has not filed said report pursuant to the provisions of paragraphs (a) and (b), or the general court rejects said plan. No funds shall be expended from item 5011-0200 until said appointment is made by said secretary; provided, that in the event that the general court fails to act on said financial plan on or before January first, nineteen hundred and ninety-four, one-sixth allotments shall be provided to the department for each remaining month of the fiscal year, or until the general court acts upon said plan.

Said receiver shall be appointed to a term not exceeding one year and shall have duties and powers as assigned by the secretary, subject to the following:

(1) Said secretary shall submit to the general court a description of the powers and duties assigned to said receiver by January nineteenth, nineteen hundred and ninety-four.

(2) Said receiver shall assume the duties and responsibilities of the chief executive officer and commissioner of the department, whose powers shall supersede those of the existing commissioner, and shall be responsible for the overall operation and administration of said department.

(3) Said receiver shall be responsible for developing an administrative restructuring plan to be submitted to the general court, for approval, prior to implementation. Said plan shall not reduce direct care client services below the level provided for in this act. In the event that said receiver determines the need for the restructuring of the department service delivery system, including the transfer of clients, said recommendation shall be submitted to the general court with said administrative restructuring plan. Said plan shall be submitted prior to the expiration of said receiver's term.

(4) Said receiver shall report quarterly to the house and senate committees on ways and means on all activities undertaken by said receiver.

SECTION 38. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operation of said projects such costs, if any, as will be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the secretary of education, and the secretary of administration and finance.

SECTION 39. Section 9 of chapter 3 of the General Laws, as amended by section 3 of chapter 50 of the acts of 1993, is hereby further amended by striking out the fifth and sixth sentences and inserting in place thereof the following two sentences:- The assistant floor leader of each of the major political parties in the senate and the assistant floor leader of each of the major political parties in the house of representatives, and the second assistant floor leaders of each of the major political parties in the senate and house of representatives, the third assistant floor leader of the minority party in the senate and house of representatives, the vice chairman of the house committee on ways and means and the vice chairman of the senate committee on ways and means and the ranking minority members of the house and senate committees on ways and means, the senate chairman and the house chairman of the committee on post audit and oversight, the senate chairman and the house chairman of the committee on taxation, the senate chairman and house chairman of the committee on science and technology shall each receive forty-five thousand dollars. Other chairmen of committees of the house of representatives and the senate established by the joint rules or the house or senate rules, and the house vice chairman of the committee on post audit and oversight, the assistant vice chairman of the senate committee on ways and means and the assistant vice chairman of the house committee on ways and means and the vice chairman of the house committee on taxation shall each receive thirty-seven thousand five hundred dollars; provided, however, that no chairman who serves as chairman of more than one such committee shall receive more than the compensation established for a chairman of one of any such committees.

SECTION 40. Sections twenty-two to twenty-five, inclusive, of chapter six of the General Laws are hereby repealed.

SECTION 41. Section 129 of chapter 6 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 8 to 10, the words ", and with the Library of Congress and the United States Department of Health and Human Services or its successors relative to the administration of the program of talking books".

SECTION 42. Said section 129 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words "the aforementioned purposes" and inserting in place thereof the following:- such purpose.

SECTION 43. The last paragraph of section 165A of said chapter 6, as so appearing, is hereby amended by adding the following sentence:- Said trust fund may also be used to collect funds intended as compensation for services rendered by said academy, including but not limited to costs for administration, personnel, overtime and fringe benefits, from any governmental unit, public or private agency, institution, person, firm, or corporation.

SECTION 44. The fourth paragraph of section 183 of said chapter 6, as so appearing is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Such estimated and actual costs shall include an amount equal to indirect costs as determined by the commissioner of administration and finance and shall also include the cost of fringe benefits as established by the commissioner of administration and finance.

SECTION 45. Section 16 of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words "; the commissioner of veterans' services".

SECTION 46. Subsection (a) of section 18D of said chapter 6A, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Any municipality that establishes, staffs, and operates a public safety answering point in conjunction with one or more other municipalities shall receive the same amount of financial assistance it would have received if it established, staffed and operated such answering point independently.

SECTION 47. Said chapter 6A, as appearing in the 1990 Official Edition, is hereby further amended by adding the following section:-

Section 103. The Commission shall require hospitals, physicians and other providers of general health supplies, care, social, rehabilitative or educational services and accommodations, and health maintenance organizations as defined in chapter one hundred seventy-six G to report appropriate data including, but not limited to, provider identification, provider charges for services, actual payments for services, payer identification and measures which differentiate between severity of illnesses, mortality rates, rates of infection, morbidity rates, readmission rates, and incidence of post-discharge professional care, to enable purchasers of group health insurance policies and health care services to make meaningful financial and quality care comparisons.

The commission shall consult with interested parties in developing methodologies for collecting data pursuant to this section and plans for its use and dissemination.

Subject to the provisions clause (c) of section two of chapter sixty-six A, information collected by the commission pursuant to this section shall be made available in the form of reports derived from raw data or through computer-to-computer access. All personal data shall be maintained with the physical safeguards enumerated in said chapter.

SECTION 48. Section 3B of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word "increase", in lines 63, 64 and 66, in each instance, the following words:- or decrease.

SECTION 49. Section 4G of said chapter 7 as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "low level radioactive waste management board" and inserting in place thereof the words:- department of veterans' services.

SECTION 50. Said chapter 7 is hereby further amended by inserting after section 4L the following three sections:-

Section 4M. There shall be within the executive office for administration and finance a department of veterans' services under the supervision and control of a commissioner of veterans' services, who shall be appointed by the secretary of administration and finance, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time subject to the approval of the governor. This position 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. The commissioner shall devote his full time during business hours to the duties of his office. He shall be the state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or any state thereof, on account of military or naval service, and he shall assist and advise war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims.

Section 4N. The commissioner shall be allowed his traveling expenses when necessary for him to visit the city of Washington, and may expend for such purpose and for all other expenses necessary for the proper performance of his duties such sums as are annually appropriated therefor.

Section 4 O. The commissioner of veterans' services, with the approval of the secretary of administration and finance, shall appoint and may remove a deputy commissioner of veterans' services who shall devote his full time during business hours to the duties of his office. Said deputy commissioner shall be subject to the direction and control of said commissioner. Said deputy commissioner, shall perform the duties of said commissioner during his absence on account of disability or other case.

SECTION 51. Said chapter 7 of the General Laws is hereby further amended by inserting after section 9 the following section:-

Section 9A. The secretary of administration and finance shall promulgate regulations governing the use of state passenger vehicles and light duty pickup trucks. Said regulations shall be aimed at proscribing the purchase or lease of such passenger vehicles and light duty pickups unless documentary evidence available prior to any such purchase or lease indicates that the passenger vehicle or light duty pickup will likely be driven, by the assigned employee or department, more than fifteen thousand business miles per year, excluding commuting miles, subject to such exceptions deemed by said secretary to be appropriate, given the intended use of the particular vehicle.

Said regulations shall provide for the enforcement of this mileage guideline, including a system for annual reevaluation of the use of all state passenger vehicles and light duty pickups, and subsequent disposition of any vehicle or pickup whose use unreasonably fails to meet this guideline.

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

(a) a complete listing of passenger vehicles and light duty pickups, including the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle. Said report shall not include vehicles with confidential plates, as provided in administrative bulletin 896 issued by the executive office for administration and finance; provided, that said report shall state the number of confidential plates that have been issued;

(b) a complete listing of passenger vehicles and light duty pickups that were subject to disposition during the prior month identifying the former state vehicle by the year, make, registration number, and actual monthly mileage, and the name, position number, and position title of the employee last assigned to each vehicle;

(c) a complete listing of new leases entered into by any agency and new purchases made by agencies for which the secretary shall identify the funding source; said list shall include the year, make, registration number, and actual monthly mileage of any vehicle leased, owned, or assigned to each agency; the name, position number, and position title of the employee assigned to each vehicle; and a detailed explanation of the need for each vehicle;

(d) a complete listing of the name, office location, position number and position title of any employee authorized by the secretary to use a passenger vehicle or light duty pickup to travel from the employee's place of residence to the employee's place of work; the year, make, registration number and actual monthly mileage of the vehicle assigned to such employee; and a detailed explanation of the need for such authorization.

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

SECTION 52. Said chapter 7 is hereby further amended by inserting after section 22B the following section:-

Section 22C. Notwithstanding any general or special law to the contrary, any nonprofit independent college or university in the commonwealth may make purchases of materials, supplies, equipment or services through the state purchasing agent subject to such rules, regulations and procedures as may be established from time to time by said purchasing agent; provided, however, that the nonprofit independent college or university shall accept sole responsibility for any payment due to the vendor for its share of such purchase.

SECTION 53. Section 40G of said chapter 7, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:-

The secretary of administration and finance shall report quarterly to the house and senate committees on ways and means any lease, tenancy-at-will or other rental agreement, or any extensions thereof, made pursuant to this section; provided, however that said quarterly report shall include, by agency, the amount and location of such rental space, any new or additional space, the duration of the lease or agreement, the cost per square foot of such rental space, any increase or decrease in said cost, and the cost of the preceding lease or agreement.

SECTION 54. Said chapter 7 is hereby further amended by inserting after section 43I the following two sections:-

Section 43J. There is hereby established on the books of the commonwealth a separate fund known as the State Transportation Building Management Fund. Monies received by the commonwealth from rentals, commission fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building shall be credited to said fund. Said fund shall be used for the maintenance, repair and operation of said building. The division of capital planning and operations may enter into a contract with a public or private entity with experience in operating building facilities for the provision of building management services for the operation and maintenance of the state transportation building.

The building manager shall collect all monies payable to the commonwealth relating to the operation of the state transportation building and deposit the same in the State Transportation Building Management Fund to be expended subject to appropriation for the purposes authorized by this section.

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

Section 43K. There is hereby established on the books of the commonwealth a separate fund known as the Springfield State Office Building Management Fund. Monies received by the commonwealth from rentals and all other sources pertaining to the operation of the Springfield state office building shall be credited to said fund. Said fund shall be used for the maintenance, repair and operation of said building.

The division of capital planning and operations shall collect all monies payable to the commonwealth relating to the operation of the Springfield state office building and deposit the same in the Springfield State Office Building Management Fund to be expended subject to appropriation for the purposes authorized by this section.

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

SECTION 55. Section 10 of chapter 10 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraphs:-

He shall prepare and submit to the house and senate committees on ways and means on or before August fifteenth, November fifteenth, February fifteenth, and May fifteenth official cash flow projections for the current fiscal year and for the fiscal quarters beginning October first, January first, April first, and July first, respectively.

Included in said projections shall be estimated spending and revenue, along with assumptions used to derive said estimates and identification of any cash flow gaps. Variance reports, which compare actual revenues and spending with planned revenues and spending, shall be produced weekly by the treasurer and distributed to the comptroller's division, the department of revenue, and the executive office for administration and finance. All data required by the treasurer's office for production of annual and quarterly cash flow projections and weekly variance reports shall be submitted by state agencies in a timely fashion, on or before deadlines established by the treasurer's office. The department of revenue shall be responsible for providing estimates of receipts and the office of the comptroller for providing estimates of agency spending and non-tax revenue receipts.

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

SECTION 56. Section 35D of said chapter 10, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 5, the following words:- and credits.

SECTION 57. Said section 35D of said chapter 10, as so appearing, is hereby further amended by inserting after the word "sixty-two", in line 6, the following words:- and section thirty-eight L of chapter sixty-three.

SECTION 58. Chapter 10 of the General Laws is hereby amended by striking out section 35J, as so appearing, and inserting in place thereof the following section:-

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

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

(b) thirty-eight percent to the Massachusetts Convention Center Authority established under the provisions of chapter one hundred and ninety of the acts of nineteen hundred and eighty-two;

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

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

SECTION 59. Section 38 of said chapter 10, as so appearing, is hereby amended by striking out, in line 130, the words "twenty-five cents" and inserting in place thereof the words:- five dollars,- and by striking out, in line 131, the words "of nominal value" and inserting in place thereof the words:- up to but not more than one hundred dollars.

SECTION 60. Section 49 of said chapter 10, as so appearing, is hereby amended by striking out, in line 9, the word "ten" and inserting in place thereof the word:- twenty.

SECTION 61. Said chapter 10 is hereby amended by adding the following section:-

Section 59. There is hereby established on the books of the commonwealth a separate fund known as the Head Injury Treatment Services Trust Fund. Said trust fund shall consist of monies paid to the commonwealth pursuant to the provisions of section twenty-four of chapter ninety, and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of said trust fund, and shall receive, deposit, and invest all monies transmitted to him under the provisions of this section, and shall credit interest and earnings on the trust fund to said trust fund. The state treasurer shall make such monies available to the statewide head injury program of the Massachusetts rehabilitation commission as may be appropriated for the purpose of developing and maintaining non-residential rehabilitation services for head-injured persons.

SECTION 62. The seventh paragraph of section 1G of chapter 15 of the General Laws, as most recently amended by section 3 of chapter 71 of the acts of 1993 amended by inserting after the word "provided", in line four, the following words:- and a member representing the Massachusetts Head Start Directors Association.

SECTION 63. Chapter 15A of the General Laws is hereby amended by inserting after section 15B the following two sections:-

Section 15C. The public institutions of higher education shall report monthly by subsidiary all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management and accounting reporting system, so-called, by July thirty-first, nineteen hundred and ninety-three.

Section 15D. The public institutions of higher education shall report all personnel information for those employees compensated from any budgetary, federal, capital or trust fund through the personnel administrative reporting and information system, so-called, by July thirty-first, nineteen hundred and ninety-three.

SECTION 64. Section 29 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out paragraphs (a), (b) and (c) and inserting in place thereof the following three paragraphs:-

(a) As used in this chapter and in chapters seventy-three and seventy-five, the following words shall have the following meanings:

"Nonpartisan", as applied to student organizations not endorsing or adhering to particular ideological or religious positions in the articles of incorporation, charter, constitution, or by-laws.

"Official student referendum", a referendum vote of the student body which is sanctioned by the college-recognized student governmental association and certified by said student governmental association as valid.

"Optional fee", any amount payable on a student tuition bill, but not a mandatory charge or waivable fee, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student but rather the student may add said charge to the total amount due, and that said item is displayed on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees.

"Student organization", any organization of students at public post-secondary educational institutions which is open to membership of all students who pay the optional fee and is controlled by its students.

(b) Non-mandatory student fees to nonpartisan student organizations which employ legislative agents as defined in section thirty-nine of chapter three, or to nonpartisan student organizations attempting to influence legislation as defined in section forty-four of said chapter three, shall be paid on student tuition bills by an optional fee whenever students have authorized said optional fee on the tuition bill by a majority vote of the students voting in an official student referendum. The continuation of said optional fee on the student tuition bill may be subject to reauthorization by an official student referendum every two years. Necessary administrative costs arising in connection with the collection of said fee may be billed by the board of trustees to the student organization at the time of the transfer of funds collected to said student organizations.

(c) The boards of trustees shall not allow any funds for legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three to be assessed on student tuition bills; provided, however, that optional fees for nonpartisan student organizations which employ said legislative agents or attempt to influence legislation shall be collected by the boards of trustees whenever students have authorized an optional fee by a majority vote of those students voting in an official student referendum. Said optional fees shall be collected as provided in paragraph (b).

SECTION 65. Chapter 15C of the General Laws is hereby amended by inserting after section 26 the following section:-

Section 26A. The Massachusetts Higher Education Assistance Corporation and the New England Loan Marketing Corporation shall report to the department of revenue by September thirtieth of each calendar year, the names of those persons who have been in default of repayment of Massachusetts granted guaranteed student educational loans for a period of one year.

SECTION 66. Section 20 of chapter 21 of the General Laws is hereby amended by adding the following paragraph:-

(14) To disseminate information regarding amendments to the general and special laws of the commonwealth, proposed changes in laws and rules and regulations which affect or shall affect businesses in the commonwealth; and, to establish educational outreach programs for the purpose of assisting small business to implement required changes in legislation.

SECTION 67. Said chapter 21 is hereby further amended by inserting after section fifty-three the following new section:-

Section 53A. All municipalities or sewer districts shall institute sewer charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and discharge of high volumes of sewage.

SECTION 68. Section 11 of chapter 21A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There is hereby established within the division of law enforcement an advisory board to be designated as the boating and recreational vehicle safety advisory board. The board shall consist of seven members to be appointed by the governor, two of whom shall be representative of the boating public each of whom shall hold a certificate of number issued pursuant to section three of chapter ninety B, one of whom may represent the harbormaster's association; two members shall represent the recreational boating business, one of whom shall operate a boat dealership; one member shall represent a snowmobile or all-terrain vehicle dealership; one member shall represent the snowmobile users; and one member may represent the all-terrain vehicle users. Each member shall serve for a term of three years. The chairman of the board shall be appointed, from the seven members, annually by the governor, and in the absence of same shall be designated by the director. Board members shall be appointed or reappointed for terms of three years.

SECTION 69. The second paragraph of section 11 of said chapter 21A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The boating and recreational vehicle safety advisory board shall meet at least quarterly and four members in attendance shall constitute a quorum.

SECTION 70. Said chapter 21A is hereby further amended by inserting after section 18 the following section:-

Section 18A. As used in this section the following words shall, unless the context otherwise requires, have the following meanings:-

"Advisory committee", the advisory committee on administration of the federal safe drinking water assessment.

"Act", the federal safe drinking water act, as amended from time to time, including regulations promulgated under the act.

"Assessment", the federal safe drinking act assessment established by this section.

"Commissioner", the commissioner of the department of environmental protection.

"Department", the department of environmental protection.

"End suppliers", suppliers of water who provide water directly to users.

"Receipts", monies received by the department which are proceeds from the assessment.

"Suppliers of water", suppliers of water as defined in the act.

"Users", all consumers of water, whether public or private or taxed or tax-exempt, provided by end suppliers.

"Withdrawal", the withdrawal, purchase or pumping of water by an end supplier.

(a) Notwithstanding any general or special law to the contrary, the department is authorized and directed to establish a federal safe drinking water act assessment to assist the department in providing technical compliance, assistance to and otherwise to regulate all suppliers of water pursuant to the act in the manner set forth in this section. This act shall address the lack of federal assistance for a federally mandated program. Collection of the assessment may begin on or after July first, nineteen hundred and ninety-three. Matters relating to the rate, collection, cost, enforcement and application and other administrative features of the assessment shall be in accordance with regulations of the department adopted pursuant to section two of chapter thirty A but no later than one hundred eighty days after the effective date of this section, after consultation with the advisory committee. Such regulations, in addition to such further matters reasonably incidental to the administration of the assessment as may be determined by the department, shall:

(i) provide that the assessment shall be remitted to the department by the end supplier;

(ii) set, and provide for periodic revision of, the rate of assessment at a uniform level not to exceed one cent per thousand gallons of withdrawal, such that receipts in the aggregate are reasonably related to defraying the department's direct and indirect costs for monitoring, inspection, technical assistance, reporting and enforcement activities necessary to ensure compliance with the act and any regulations of the department adopted to implement the act;

It is the intent of this section that amounts payable as assessments, administrative costs and payments in lieu of assessments shall be recovered to the maximum practical extent from charges to users. Nothing in this section shall limit the authority of the department of public utilities to rule on the propriety of any rates charged by any end suppliers subject to its jurisdiction; provided, however, that in making such a ruling the department of public utilities shall consider the amount of the assessment; and provided, further, that such ruling shall not impose any condition inconsistent with the provisions or intent of this section or any regulations adopted hereunder.

Compliance with any requirement imposed by the department of public utilities shall not exempt any end supplier from the requirements of this section or regulations adopted hereunder.

The department of public utilities shall monitor the manner in which investor-owned end suppliers engaged in the distribution of water apportion and collect amounts necessary to defray the assessment and applicable administrative costs.

(iii) The department shall establish the assessment rate by October first of each year for the following fiscal year. End suppliers shall be notified by mail of the assessment rate by November first of each year. The department may mail bills to end suppliers during the month of July of each year for that fiscal year.

(b) All receipts shall be deposited in the Environmental Permitting and Compliance Assurance Fund established pursuant to section two M of chapter twenty-nine, and used solely for the purposes set forth therein, provided, however, that receipts shall be separately accounted for and shall be used solely for administering the act and furthering its purposes. Any unexpended balance may be used to defray the amount of the assessment in future fiscal years. Regulations establishing the assessment pursuant to this section shall not be in effect in any fiscal year in which the department fails to provide from state funds, other than those collected under the terms of this section, a match of seventy-five percent of the amount of the federal grant attributable to the implementation of the act.

(c) In the event that the requirements of this section conflict with applicable federal requirements pertaining to the establishment and collection of the assessment by the department, such federal requirements shall take precedence over any conflicting requirements of this section and the department shall have the authority to establish by regulation and to collect such assessment in accordance with applicable federal requirements.

(d) The department shall establish an advisory committee on administration of the federal safe drinking water assessment.

The representative organizations may nominate persons for consideration and the commissioner shall appoint such persons to the advisory committee as deemed desirable in accordance with this section, which members shall serve until successors shall be appointed and qualified by the commissioner. No state employee shall be appointed to the advisory committee and no person appointed to the advisory committee shall be deemed to be a state employee for purposes of any other general or special law.

Members of the advisory committee shall serve without compensation except for reimbursement of their direct expenses of travel from their place of abode to the regular meetings of the advisory committee. The commissioner's appointees shall include one representative from each of the following categories of organizations, two of which such designated representatives who are water utility personnel shall serve, under the same terms and conditions as members of the committee established pursuant to section eighteen chapter twenty-one A: a statewide water works non-profit association, a New England regional water works non-profit association, a non-profit association representing rural water systems, a regional water works association, a non-profit association representing investor-owned water companies, two statewide environmental organizations, organizations representing non-community water suppliers, the Massachusetts Municipal Association, an organization representing industry and one other designee the commissioner deems desirable. The total membership of the committee shall not exceed eleven, a majority of whom shall be comprised of water utility personnel. In addition to consulting with the advisory committee prior to adoption of regulations implementing this section, the department shall review with the advisory committee the operation of the assessment program authorized by this section at least quarterly.

(e) The committee and the department shall undertake the additional responsibility to ensure that regular public service announcements are released to inform the public as to the requirements and costs associated with the act. The committee, with administrative support from the department, shall produce an annual report on the assessment program for the House and Senate committees on ways and means and the joint committee on natural resources and agriculture, with a summary of all findings and action taken mailed to all end suppliers.

(f) The department shall not collect water quality annual compliance assurance fees for public water supplies as established in 310 CMR 4.03.

SECTION 71. Chapter 23 of the General Laws is hereby amended by striking out section 1, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 1. There shall be a department of labor and industries, under the supervision and control of a commissioner of labor and industries, who shall be the secretary of labor appointed pursuant to chapter six A, and who shall in this chapter be called the commissioner.

SECTION 72. Said chapter 23 is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. The commissioner shall devote his full time during business hours to the duties of this office and that of secretary of labor, and shall not engage in other employment or business activities.

SECTION 73. Section 3 of said chapter 23, as so appearing, is hereby amended by striking out the fifth and sixth sentences, and inserting in place thereof the following sentence:- He shall prepare rules and regulations for the conduct of the department and all other rules and regulations which the department is by law authorized to make, and such rules and regulations shall, except as otherwise provided by law, take effect upon such date as the commissioner determines.

SECTION 74. Section 4 of said chapter 23, as so appearing in, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner may, with the approval of the governor, appoint not more than four directors, and may, with like approval, remove them.

SECTION 75. Section six of said chapter twenty-three is hereby repealed.

SECTION 76. Section 3E of chapter 23A of the General Laws, as appearing in section 4 of chapter 19 of the acts of 1993, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-

(5) notwithstanding any provisions of sections three to three H, inclusive, the EACC shall not designate nor shall there exist at any one time more than twenty Economic Target Areas.

SECTION 77. Chapter 23A of the General Laws is hereby amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-

Section 14. The office of travel and tourism is hereby directed, subject to appropriation, to establish a program for financial assistance to those public or nonprofit agencies which promote or provide services for tourism, convention, travel and recreation in the commonwealth.

Funds shall be granted to agencies listed in section six of chapter six hundred and thirty-six of the acts of nineteen hundred and sixty-four with the addition of the Bristol County Development Council, Inc., Franklin County Chamber of Commerce, the Greater Boston Convention and Visitors Bureau, Inc., North of Boston Tourist Council, Pioneer Valley Convention and Visitors Bureau, Plymouth County Development Council, Inc., Worcester County Convention and Visitors Bureau, and Northern Middlesex Chamber of Commerce and to any other public or nonprofit agency which has been in operation for two consecutive years prior to application for funds under this section and which spends fifteen thousand dollars in its fiscal year on tourism or a public or nonprofit agency which has a total budget larger than the average of Massachusetts tourist promotion agencies as estimated by the secretary of the executive office of economic affairs and which spends twenty-five percent of said budget on tourism.

Funds shall be used to strengthen efforts of tourism, convention, travel and recreation agencies to attract and service visitors to the commonwealth and to better manage and distribute the influx of said visitors. The amount of funds received by any one agency shall be based on, but shall not be limited to, the following criteria:

(1) geographical size and population served by such agency;

(2) amount of matching funds from nongovernmental sources;

(3) Assurance that the funded proposal will be in addition to the work currently being done by the agency and that the agency will maintain a continued effort of the funded program;

(4) demonstrated effectiveness of agency;

(5) integration of agency's tourism promotion plans with other private and public agency plans.

No funds may be spent for travel, entertainment, or purchase of equipment under this section.

Tourism is hereby authorized to make grants to agencies to assist such agencies in planning and carrying out their promotional programs and projects; provided, that before any such grant may be made;

(1) the agency shall have made application to tourism for such grant, and shall have set forth the program proposed to be undertaken for the purpose of encouraging and stimulation tourist, convention, visitor and vacation business. The application shall further state, with evidence satisfactory to tourism, the amount of nongovernmental funds held by or committed or subscribed to the agency for application to the proposals herein described and the amount of the grant for which application is made;

(2) tourism, after review of the application, shall be satisfied that the program of the agency appears to be in accord with the purpose of this section, and shall authorize the making of a grant to such agency;

(3) the maximum received by a private nonprofit agency shall be no greater than the amount received by that agency from nongovernmental sources.

Any agency receiving funds under this section shall make a report to the house and senate committees on ways and means on the use of said funds at such time and in such form as the executive director of tourism shall specify. The executive director, subject to approval by the secretary of economic affairs shall establish guidelines in which to regulate the dispersal of funds under this section.

SECTION 78. Chapter 23E of the General Laws is hereby amended by striking out sections 15 and 16, as so appearing, and inserting in place thereof the following two sections:-

Section 15. There is hereby established an advisory council on workers' compensation in this chapter and in chapter one hundred and fifty-two, called the advisory council. The voting membership of said council shall be composed of five members representing employers in the commonwealth, at least one of whom shall represent manufacturing classifications, at least one of whom shall represent small business, at least one of whom shall represent self-insurers, and five members representing employees, all of whom shall be members of a duly recognized and independent employee organization, council, or union, and at least one of whom shall be a disabled worker. The five employer members shall represent the following organizations. One member shall be named by Associated Industries of Massachusetts. One member shall be named by the National Federation of Independent Business and the Smaller Business Association of New England, one member shall be named by the Associated General Contractors of Massachusetts and the Associated Builders and Contractors of Massachusetts, one member shall be named by the Self-insured Businesses of Massachusetts and one member shall be named by the Massachusetts Association of Self-insurers and the Greater Boston Chamber of Commerce. The five employee members shall represent the following organizations. One employee representative shall be named by the Massachusetts AFL-CIO. One member shall be named by the Massachusetts Building Trades, one member shall be named by the Teamsters, one member shall be named by unions representing public sector employees and one member shall be named by an organization representing disabled workers in Massachusetts. The following organizations shall each name one non-voting member from each of the following: the insurance industry as represented by the Alliance of American Insurers and the American Insurance Association, the workers' compensation claimants' bar as represented by the Massachusetts Bar Association, the commonwealth's medical providers as represented by the Massachusetts Medical Society, and vocational rehabilitation providers as represented by New England Chapter of the National Association of Rehabilitation Professionals in the private sector. All members currently serving on the advisory council shall be removed, unless the constituency which he or she represents renames him or her to said council under the terms of this act. The term of any member shall be for a period of no more than 3 years, provided, however, that any member may be reappointed by his or her constituency group. Any person appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the unexpired portion of such term. The chairman and the vice-chairman of such advisory council, one of whom shall be an employee representative and one of whom shall be an employer representative, shall be appointed from among voting members for two year terms. Such appointees shall not succeed themselves as chairman or vice-chairman. No member of said advisory council shall be subject to chapter thirty-one. Members shall receive their traveling and other necessary expenses incurred in the performance of their duties. Such expenses shall be paid from the special fund established in section sixty-five of chapter one hundred and fifty-two. Meetings of said advisory council shall be called by the chairman or upon petition by a majority of voting members. Such meetings shall be subject to the provisions of section eleven A of chapter thirty A. Said advisory council shall take no action pursuant to its authority under this chapter or said chapter one hundred and fifty-two unless a quorum of its voting members are present.

The presence of seven voting members of the advisory council, at least two of whom shall be representatives of employees, shall constitute a quorum. No action shall be taken by the advisory council without the affirmative vote of at least seven members. A subcommittee on worker's compensation health care is hereby created to study the fee structure for providers of care to injured workers, twenty-four hour care for injured workers, how the number of impartial physicians can be expanded, and any other health care issue that may affect injured workers and their access to quality medical care.

Section 16. The advisory council shall appoint such personnel as are necessary for the proper discharge of its duties. The staff of the advisory council shall be funded from monies collected for the special revenue fund in accordance with the provisions of section sixty-five of said chapter one hundred and fifty-two. The advisory council may expend for personnel and office expenses funds appropriated to the department for that purpose.

SECTION 79. Chapter 23F of the General Laws is hereby amended by striking out sections 1 to 8, as so appearing, and inserting in place thereof the following eight sections:-

Section 1. There is hereby created the Manufacturing Technology Project hereinafter referred to in this chapter as the "project," whose members shall be the Bay State Skills Corporation, known hereinafter as "BSSC", and the Industrial Service Program, known hereinafter as "ISP". The project shall have all the powers of both members and those powers and responsibilities specified in this chapter. The governor shall by executive order designate the executive director of either member to coordinate the project's responsibilities.

Section 2. The duties of the project shall include, but shall not be limited, to:

(a) encouraging and assisting in the diversification of defense-dependent firms and enhancing the competitiveness of the commonwealth's manufacturing sector by providing technical assistance to such firms seeking to expand into new product areas and new productions processes, and markets, including but not limited to, technology assistance provided pursuant to subsection (p) of section four and section seven F of chapter forty I and subsection (a) of section four of chapter twenty-three A;

(b) supporting the creation and organization of manufacturing extension services, alternative deployment pilot projects, technology access services, or other related deployment programs to regional consortia of, but not limited to, private companies, especially small- and medium-sized companies, universities, colleges and community colleges, labor organizations, nonprofit agencies, and other interested individuals and organizations through: (1) direct support of services or (2) matching grants through the Economic Conversion Fund for proposals made to the Technology Reinvestment Program within the Advanced Research Projects Agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act or other related federal conversion programs; provided, however, that the project shall require applicants to provide other non-federal and non-state matching funds as a condition of support by the project under paragraph (2) of this subsection;

(c) providing statewide support services to regional consortia or providers that include but are not limited to training and capacity building of extension service providers, assessment and evaluation of services, federal grant administration services, and interregional communications; provided, however, in no case shall the project make evaluations or assessments for any consortia in which BSSC or ISP is a participating member or in which BSSC or ISP has a relationship with the consortia which would impair or appear to impair its objectivity;

(d) collecting and disseminating information on financial, technical, marketing, management, and other services available to technology-intensive small- and medium-sized and emerging businesses, including potential sources of debt and equity capital, in cooperation with the executive office of economic affairs and the quasi-public corporation planning council established pursuant to section fifty-six of chapter twenty-three A; and,

(e) supporting development of a regional defense conversion plan by a regional planning agency or any combination of municipalities in response to a potential or actual dislocation as a result of a major plant closing or base closing.

Section 3. (a) Manufacturing extension services supported or provided by the project under this chapter shall be designed to increase competitiveness of small- and medium-sized companies in Massachusetts through access to technical, technology, systems, and management assistance in accessing training and consulting services, and the transitioning of technologies from research or military uses to commercially viable products and processes.

(b) The project shall support the improvement of business practices, including but not limited to: technology, quality systems, work organization and management practices, including total quality management and just-in-time delivery systems, encouragement of employee-management cooperation in training, product design and manufacturing improvement, marketing, or alternative use development. Technology extension services provided under this chapter may be supported through a fee for service program as provided in subsection (p) of section five of chapter forty I or as otherwise authorized by law.

(c) The project shall also seek to stimulate the creation of advanced technologies and techniques to improve both products and manufacturing processes, including activity-based accounting, concurrent engineering, and new problem-solving techniques.

(d) The project shall provide the advisory committee, as created in section five of this chapter, with copies of the following documents for comment and review prior to their release or submission: (1) request-for-proposals or solicitations for services or grants provided pursuant to this chapter; (2) contracts between the project and regional consortia, as specified in section three of this chapter; and (3) applications for public or private grants or aid.

Section 4. As a condition of providing any grant under paragraph two of subsection (b) of section two of this chapter, the project shall enter into a contractual agreement with the regional consortia specifying the terms and conditions of such grant, the responsibilities and financial contribution of the consortia, and a requirement for regular reporting by the consortia as specified by the Project.

As a further condition of providing any grant under paragraph two of subsection (b) of section two of this chapter, the Project shall require that such applicant has received an award under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act or other related federal conversion programs.

Section 5. The project shall, where appropriate, request the assistance of and coordinate its activities with the quasi-public corporation planning council established pursuant to section fifty-six of chapter twenty-three A.

Section 6. There is created within the Project an Economic Conversion Fund, known hereinafter as the "Fund", to be used solely to provide the Project with financial support for the creation of statewide technology deployment coordination system and for matching grants to support the creation of or assistance to manufacturing extension services, alternative deployment pilot projects, technology access programs and other related deployment programs for proposals funded under the Technology Reinvestment Program within the Advanced Research Projects Agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act.

The Fund shall only consist of monies appropriated by the General Court. The project shall provide the advisory committee, the house and senate committees on ways and means and the joint committee on commerce and labor with quarterly reports regarding the nature and amount of all expenditures, with a detailed summary of activities supported.

Section 7. There shall be a project advisory committee consisting of nine members, one of whom shall be the secretary of the executive office of economic affairs or his designee, two of whom shall be the house and senate chairs of the joint committee on commerce and labor, one of whom shall be a labor representative who is affiliated with a union or unions likely to be affected by defense conversion and be designated by the AFL-CIO, one of whom shall represent an organization of manufacturers and be appointed by the Governor. Four members shall be representatives of small- or medium-sized defense-dependent companies located in the commonwealth who shall be appointed by the governor. Except as otherwise provided by law, members shall serve three year terms. Members shall serve without compensation, except members shall be entitled to reimbursement by BSSC for actual and necessary expenses incurred in the performance of their official duties. BSSC shall also provide the advisory committee with administrative and research support.

The advisory committee may establish subcommittees of individuals who are not advisory committee members. Such subcommittees may include individuals representing groups actively advocating the need for economic diversification of defense-dependent firms and industries, and academicians and other individuals with expertise in the area of the commercial product and market development application of flexible production technologies and workforce training and retraining.

Section 8. The advisory committee shall:

(a) develop a short-term and long-term strategy to harness the best talents available to focus on technology innovation, extension, infrastructure, and education and training for product and process technologies of critical importance for the commonwealth's economic competitiveness and future economic growth;

(b) review and monitor the technological development progress and potential of the various regions of the state and make findings and recommendations to the governor, general court, and project regarding state supported assistance to the regions;

(c) recommend to the project eligibility criteria for accepting applications for technical assistance and grants provided under this chapter;

(d) recommend as to the advisability and nature of, and the appropriate procedures for, any grant or endorsement regarding any project program designed to support applications for assistance under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, and other federal defense conversion and diversifications programs.

(e) review and make recommendations to the project on any request-for-proposals or solicitations for services or grants to be issued by the project, contracts between the project and regional consortia, and applications for public or private grants or aid to be submitted by the project.

SECTION 80. Section 8E of chapter 26 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The commissioner shall appoint all employees of the bureau. The bureau may expend for expenses and for such legal, investigative, clerical and other assistance and operation of said bureau, such sums as may be appropriated therefor; provided, however that all costs of administration and operation of said board shall be borne by liability insurance companies doing business within the commonwealth. The commissioner shall apportion estimated costs among all such companies and shall assess them for the same on a fair and reasonable basis. Said estimated costs shall be paid to the commissioner within thirty days after the date of the notice from the commissioner of such estimated costs. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for any variation between estimated and actual costs on a fair and reasonable basis. Such estimated and actual costs shall include an amount equal to indirect costs as determined by the commissioner of administration and fringe benefit costs as determined by the commissioner of administration. Accountants, attorneys and actuary-statisticians employed by the board shall have access to all records kept by the registry of motor vehicles and to such records kept by insurance companies as may be pertinent to premium charges. The bureau shall consist of at least the following employees who shall devote their full time to the duties of their office and shall be exempt from the provisions of chapters thirty and thirty-one and shall serve at the pleasure of the commissioner: two certified public accountants, two attorneys and six actuary-statisticians. The actuary-statisticians shall be associates of the casualty actuarial society or the society of actuaries or shall have obtained a doctoral degree in a related discipline.

SECTION 81. Said section 8E of said chapter 26, as so appearing, is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

The commissioner is authorized to make an assessment against any corporation, unincorporated association, partnership, or individual licensed as a rating organization pursuant to section fifty-two C of chapter one hundred and fifty-two to pay for the rating bureau's expenses as they relate to workers' compensation. Such assessment shall be deposited into the Rating Bureau's Workers' Compensation Trust Fund. All monies deposited into the trust fund shall be expended, without appropriation, exclusively by the rating bureau. Such assessment shall be made at a rate sufficient to produce five hundred thousand dollars in nineteen hundred and ninety-two, and may be increased annually thereafter by a rate not to exceed the most recent annual consumer price index calculated by the Bureau of Labor Statistics of the United States Department of Labor for the northeast region for all urban consumers. In addition to such assessment, the commissioner of insurance shall also collect an amount equal to indirect costs as determined by the commissioner for administration and for the persons within the rating bureau, for the persons within the rating bureau who perform the duties relating to workers' compensation insurance, an amount equal to the cost of fringe benefits as established by the commissioner of administration to be credited to the General Fund. Said amounts shall be expended, without appropriation, for indirect costs and for such persons' fringe benefits. If the commissioner shall fail to expend any money collected under this paragraph in any fiscal year other than monies collected for fringe benefit and indirect costs, such unexpended amount shall be credited against the assessment to be made in the following year and the assessment in the following year shall be reduced accordingly. Funds collected under this section may be used to compensate consultants retained by the rating bureau and to defray its reasonable operating expenses and administrative overhead costs. The assessment, including the collection for indirect costs and fringe benefits, shall be collected by the commissioner of insurance. Any rating organization licensed pursuant to section fifty-two C of chapter one hundred and fifty-two shall pay the amount assessed within thirty days after the date of the notice of assessment from the commissioner. The rating bureau shall regularly perform market conduct examinations as often as the commissioner deems appropriate.

SECTION 82. Section 2T of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(e) for a program of primary and preventative health care services for the benefit of uninsured dependent and adopted youths from age six through age twelve established pursuant to section seventeen B of chapter one hundred and eighteen F under the supervision of the department of medical security; provided, that such program shall incorporate and emphasize smoking cessation assistance and the harmful effects of smoking.

SECTION 83. Said chapter 29 is hereby further amended by inserting after section 2X the following section:-

Section 2Y. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Leo J. Martin Recreation Fund. There shall be credited to such fund forty-five percent or three hundred thousand dollars, whichever is greater, of the total revenues generated from fees or any other revenue device at the Leo J. Martin Golf Course in the town of Weston and the city of Newton. Amounts credited to said fund may be used, subject to appropriation, exclusively for capital improvements, equipment, and maintenance of said golf course.

SECTION 84. Said chapter 29 is hereby further amended by striking out section 2W, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 2W. There shall be established and set up on the books of the Commonwealth a separate fund to be known as the Water Pollution Abatement Projects Administration Fund. There shall be credited to such fund any amounts transferred pursuant to section five of chapter twenty-nine C; and any income derived from the investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of environmental protection shall report monthly all amounts credited to said fund as well as all expenditures by subsidiary on the Massachusetts management and accounting reporting system, so called. Said amounts shall be used solely for the administration of the provisions of section twenty-seven A of chapter twenty-one.

SECTION 85. Chapter 29 of the General Laws is hereby amended by inserting after section 2X the following section:-

Section 2Y. Notwithstanding the provisions of section eighteen (1) of chapter twenty-one A or any other general or special law to the contrary, there shall be established and set up on the books of the commonwealth a separate fund, to be known as the Clean Air Act Compliance Fund. There shall be credited to such fund all moneys received or collected by the commonwealth for permit applications, compliance assurance, and technical assistance pursuant to said section eighteen of said chapter twenty-one A and attributed to programs associated with the implementation of the federal Clean Air Act including the volatile organic compounds, or oxides of nitrogen reasonable available control technology requirements program and the operating permit program; any other moneys appropriated, granted, or donated to such fund from time to time; and any income derived credited to such fund may be expended, subject to appropriation, for the purposes of the administration and implementation of the permitting, compliance and enforcement, monitoring and analysis, and technical assistance programs associated with the implementation of the federal Clean Air Act including the volatile organic compounds, or oxides of nitrogen reasonable available control technology requirements program and the operating permit program. On or before April thirtieth of each year, the commissioner shall file with the advisory committee on fees and program improvements, the secretaries of environmental affairs and administration and finance, the joint committee on natural resources and agriculture, and the house and senate committees on ways and means, a report of the revenues and expenditures of the fund during that fiscal year and projected revenues and expenditures for the coming fiscal year.

SECTION 86. Chapter 29 of the General Laws is hereby amended by inserting after section 2Y the following section:-

Section 2Z. There shall be established upon the books of the commonwealth a separate fund to be known as the Commonwealth Sewer Rate Relief Fund hereinafter, the fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for the purpose of providing assistance in the mitigation of sewer rate increases.

SECTION 87. Section 3 of said chapter 29, as appearing in the 1990 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following section:-

(a) Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth, including all periodic appropriations to be met from state revenues shall, within sixty days of the passage of the general appropriations act, submit to the budget director and to the senate and house committees on ways and means a comprehensive first financial plan for the current fiscal year. Said first financial plan shall report spending and revenue collection in conformance with the account structure and program format established by the general appropriations act and shall include the following:

(1) statements showing the amounts expended, by account and by subsidiary, for the preceding fiscal year;

(2) statements showing, by account and by subsidiary, the amount appropriated for the current fiscal year;

(3) any planned interchanges between subsidiary accounts prescribed in accordance with section twenty-seven for the current fiscal year;

(4) statements showing total estimated spending, by account and by subsidiary, for the current fiscal year, including estimates of deficiencies and overdrafts, if any; provided, however, that said officer shall submit to the budget director and the senate and house committees on ways and means, with his financial plans, detailed management plans designed to reduce or eliminate the need for deficiencies or overdrafts; and, provided further, that, to the extent said management plans do not identify reasonable means to eliminate the need for deficiencies or overdrafts, the governor shall, within thirty days of receiving said management plans, file a supplemental budget request recommending funding levels to address such deficiencies or overdrafts;

(5) statements showing estimates, by account and by subsidiary, of the amounts required for ordinary maintenance during the ensuing fiscal year, with an explanation of any increased appropriations recommended and with citations of statutes relating thereto together with a statement indicating the priorities assigned to each program by such officer;

(6) statements showing, by revenue source the amount of revenues collected during the preceding fiscal year, the estimate of revenues to be collected during the current fiscal year, and the estimate of revenues to be collected from the same or any additional sources in the ensuing fiscal year, with recommendations as to any changes in the management, practices, rules, regulations or laws governing such state agency which would effect an increase in revenue from operations, fees, taxes or other sources or which would facilitate the collection thereof;

(7) such other information on expenditures, revenues, activities, output measures or performance measures of any such state agency as may be required by rule or regulation of the commissioner, and any other information, including the priorities assigned to each program by such officer, required at any time by the budget director, or prescribed by the general court in the general appropriations act or any supplemental appropriation acts;

(8) a statement showing, by account and by collective bargaining unit, the number of permanent, temporary and part-time positions authorized for the state agency in his charge and the volume of work performed in the preceding fiscal year, and justifying his request for permanent, temporary and part-time positions in the ensuing fiscal year in relation to the volume of work expected to be performed by such state agency.

(b) Within thirty days of the submission of the governor's annual budget recommendation made pursuant to section seven H, each such officer shall submit to the budget director and the senate and house committees on ways and means a revised financial plan for the current fiscal year. Said revised financial plan shall report spending and revenue collection for the current fiscal year through the end of the second quarter in conformance with the account structure and program format established by the general appropriations act and shall include the following:

(1) statements showing the amounts expended through the end of the second quarter, by account and by subsidiary;

(2) any planned interchanges between subsidiary accounts prescribed in accordance with section twenty-seven for the remainder of the current fiscal year;

(3) statements showing the status of the implementation of management plans developed to reduce or eliminate deficiencies or overdrafts identified in the preparation of the first financial plans;

(4) statements showing total estimated spending, by account and by subsidiary, for the current fiscal year, including revised estimates of deficiencies and overdrafts, if any;

(5) statements showing, by revenue source, the revenues collected through the end of the second quarter and a revised estimate, if necessary, of total revenues to be collected during the current fiscal year.

SECTION 88. Said chapter 29 is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. Every officer having charge of any state agency who, in his annual reports or otherwise, recommends or petitions for the expenditure of money by the commonwealth from any source of revenue, including expenditures to be met by assessments or from bond revenues or trust funds, for any purpose not covered by the estimates to be submitted under section three shall, within sixty days of the passage of the general appropriations act, submit detailed estimates thereof to the budget director and to the senate and house committees on ways and means, together with any other information required by said budget director or prescribed by the general court in the general appropriations act or any supplemental appropriation acts. Such estimates and other information relating to such state agency, before being submitted to the budget director, shall first be submitted to the appropriate secretary, if any, on or before a date set by him, but in no case later than sixty days after the passage of the general appropriations act; provided, however, that said secretary shall review the same and make such additions thereto, deletions therefrom and modifications therein as he deems appropriate; and, provided, further, that prior to making any additions, deletions, or modifications, said secretary shall conduct public hearings, for which he shall give five days' public notice prior thereto, on all items for which he shall submit to the governor a recommendation for an appropriation of one million dollars or more.

All copies of such statements and information relative to the expenditures from bond revenues shall be submitted to the commissioner of capital planning and operations on or before the aforementioned date. Said commissioner shall evaluate them as to the priority, necessity and feasibility of the requests contained therein in relation to the long range capital facilities development plans, capital facilities development plans, and capital facilities projects contained therein, as defined by section thirty-nine A of chapter seven. Said commissioner shall submit his evaluation to the officer providing such estimates and information, to the appropriate secretary, budget director and senate and house committees on ways and means.

SECTION 89. The first paragraph of section 5B of said chapter 29, as so appearing, is hereby amended by striking out, in line 2, the words "annually on or before August" and inserting in place thereof the following words:- on or before both September fifteenth and March.

SECTION 90. Said chapter 29 is hereby further amended by striking out section 5F, as so appearing, and inserting in place thereof the following two sections:-

Section 5F. Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth shall, within sixty days of the passage of the general appropriations act and at such other times as may be specified by the commissioner, submit to the budget director and to the senate and house committees on ways and means a department financial plan for the current fiscal year in accordance with the provisions of section three.

The budget director shall provide to the comptroller and the senate and house committees on ways and means information from department financial plans for the purpose of developing estimates of monthly cash flow and for the purpose of preparing monthly reports of planned and actual expenditure and planned and actual revenue for each major state program, department and executive or other constitutional office.

Section 5G. Every officer having charge of any state agency which receives a periodic or other appropriation from the commonwealth shall, on a quarterly basis, submit to the budget director and to the senate and house committees on ways and means a report comparing actual spending rates and revenue collection rates to those rates projected in the financial plans submitted pursuant to this chapter. Said reports shall include statements showing spending and revenue information in conformance with the account and program format established by the general appropriations act. Within thirty days after the receipt of such reports, the budget director shall classify each agency as being at a low, medium or high risk of exceeding spending levels authorized in the general appropriations act or any supplemental appropriations act. The budget director shall recommend to the commissioner and the governor a corrective action plan for each agency found to be at a medium or high risk of exceeding authorized spending levels as defined herein so as to ensure that every agency receiving a periodic or other appropriation from the commonwealth complies with the provisions of this chapter.

Every such officer shall revise financial plans submitted pursuant to this chapter if actual spending rates or revenue collection rates indicate that financial plans submitted pursuant to section three no longer accurately reflect total estimated spending or revenue collections. Revisions to said financial plans shall be submitted to the budget director and to the senate and house committees on ways and means together with a corrective action plan to reduce or eliminate such deficiencies and overdrafts; provided, however, that to the extent that such corrective action plans do not provide a reasonable means to reduce or eliminate deficiencies or overdrafts, the governor shall within thirty days submit a request for supplemental appropriations for each such agency.

SECTION 91. Section 6B of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

No federal grant monies may be expended by a state agency for any program unless such state agency has complied with the provisions of this section.

SECTION 92. Section 6D of said chapter 29, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Section two of each appropriation act shall include all direct appropriations, authorizations to retain revenue and all appropriations of federal grants. Section two A shall include appropriations for unanticipated obligations of the commonwealth regardless of budgetary funding source, and any alteration of purpose for said appropriations. Section two B shall include all appropriations from the Intragovernmental Service Fund. Section two C shall include all authorizations to continue a prior appropriation, including an amount set forth in numeric figures of the prior appropriation continued.

SECTION 93. Section 9B of said chapter 29, as so appearing, is hereby amended by inserting after the word "otherwise.", in line 11, the following sentence:- The amounts allotted shall be consistent with the financial plans required by sections three, four, five F and five G.

SECTION 94. Section 27 of said chapter 29, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- No such subsidiary account may be increased or decreased by the interchange of funds with any other such subsidiary account, nor shall any new subsidiary account be established, without prior notice to the house and senate committees on ways and means; provided further, that the budget director shall file with the house and senate committees on ways and means a notification report no less than fifteen days prior to the need for said interchange or establishment of any subsidiary.

SECTION 95. Said chapter 29 is hereby amended by striking out section 29, as so appearing, and inserting in place thereof the following section:-

Section 29. The personnel administrator shall file with the house and senate committees on ways and means a schedule of positions, hereinafter called a "personnel schedule", for each such item of appropriation. Said personnel schedule shall include, but not be limited to; title code; position name; functional title; position number; full or part time status; projected weekly salary and such additional information as may be requested by the said committee for each such vacant and filled position and shall file the pay plan of the commonwealth pursuant to section forty-five of chapter thirty with the said committee as a part of the annual appropriation request filed by the governor pursuant to section seven H of this chapter.

The comptroller shall not authorize payment of regular compensation, including paid leave, vacation, salary in lieu of vacation, payments in lieu of maintenance, holiday pay, overtime pay, and salary differentials for any positions in excess of those positions provided for in the personnel schedule or for any position not on a personnel schedule on file with the house and senate committees on ways and means. Each state agency or office of the judiciary receiving an annual appropriation pursuant to the provisions of this chapter shall not fill a total number of positions which exceeds the number of positions as specifically provided for in each such item of appropriation. For the purposes of this section, "positions" shall mean a full-time equivalent office or position in which one or more persons are currently employed, but shall not include the positions of board members or commissioners who are not full-time state employees, an authorized position created by statute or under the civil service law whether the incumbent holding the position is on a permanent, provisional, or temporary appointment, excess quota positions and all authorized positions other than seasonal as defined in section one of chapter thirty-one and positions for a period of ninety days or less.

No funds shall be expended for excess quota positions without prior notice to the senate and house committees on ways and means.

No expenditures shall be made from any revenue retention account, as defined by section one of this chapter, until a personnel schedule, if applicable, and an expenditure subsidiary classification schedule have been filed therefor with the house and senate committees on ways and means.

SECTION 96. The first paragraph of section 45 of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 3, the following words:- ; provided, that said office and position classification plan and said pay plan shall be filed with the house and senate committees on ways and means as part of the annual appropriation request filed by the governor, pursuant to section seven H of chapter twenty-nine; provided further, that said plans shall remain in full force and effect and there shall be no changes to said plans without prior notice to the house and senate committees on ways and means; and provided further, that said plans shall be submitted to the department of personnel administration, the comptroller and the budget director.

SECTION 97. Said section 45 of said chapter 30, as so appearing, is hereby further amended by striking out paragraph 4, and inserting in place thereof the following paragraph:-

(4) Each appropriation act, as filed by the governor and as enacted by the General Court, shall contain, in each item of appropriation, subject to the provisions of this chapter, a specific number of authorized and funded positions, as defined in section twenty-nine of chapter twenty-nine. No authorization to establish, allocate, reallocate, transfer, or reclassify any permanent, temporary, seasonal, or excess quota position subject to the classification and pay plans provided for in this section shall be effected, unless and until the personnel administrator provides prior notice to the house and senate committees on ways and means. The personnel administrator shall submit quarterly schedules to the said committees. Said schedules shall be prepared by the personnel administrator. Subject to the provisions of section sixty-six of chapter twenty-nine, no requests shall be included in said monthly schedule to hire or charge personnel to any item of appropriation that would cause said item to be deficient, require a subsequent appropriation in addition to the amounts available in the current fiscal year, or create any additional liability or ongoing commitment in excess of available funds.

SECTION 98. Clause (iii) of paragraph (a) of subdivision (6) of section 22 of chapter 32 of the General Laws, as so appearing, is hereby further amended in clause (iii) by adding the following sentence:- On or before February fifteenth of each year the state employees' retirement system and the teachers' retirement system shall transfer to the pension reserves investment trust fund an amount equal to an estimate of said balance in said systems' investment income account as established by the commissioner; provided, however, that any remaining amounts shall be transferred to the pension reserves investment trust fund on or before April fifteenth of the same year.

SECTION 99. Chapter 32A of the General Laws is hereby amended by striking out section 19, as so appearing, and inserting in place thereof the following section:-

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

The commission shall require that any active or retired employee choosing to accept such payment shall verify that he is insured under a qualifying policy toward which the commonwealth makes no contribution; provided, that for the purpose of this section, a "qualifying policy" shall be any policy which provides a schedule of benefits comparable to that to which the employee would be eligible to receive if he were insured by the commonwealth under this chapter. The commission shall provide that if such active or retired employee ceases to be so insured under such a qualifying policy, such active or retired employee shall thereupon have his insurance coverage pursuant to this chapter reinstated by the commonwealth on the date on which he informs the commission of such termination of insurance coverages; provided, however, that any amounts to be paid to such active or retired employee in accordance with this section shall be ratably reduced and any amounts paid hereunder which are allocable to periods after insurance coverage pursuant to this chapter is reinstated by the commonwealth may be recovered by the commission under such terms and conditions as the commission shall determine.

SECTION 100. The first paragraph of section 3 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out the sixth and seventh sentences and inserting in place thereof the following two sentences:- Prior to the purchase of said insurance, and execution of all such agreements or contracts within the limits established by said sections, the appropriate public authority shall consult with an advisory committee for the purpose of securing the written recommendations of a majority of the membership of said committee. Said committee shall consist of eight members as follows: seven persons to be duly elected or appointed to membership on such committee by organizations of the employees affected, and one person who shall be a retiree of a governmental unit who shall be duly appointed to membership on said committee by the appropriate public authority.

SECTION 101. The first paragraph of section 4 of said chapter 32B, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Any such collective bargaining agreement shall provide for benefits, monetary or otherwise, in lieu of such coverage.

SECTION 102. Section 15 of said chapter 32B, as so appearing, is hereby amended by inserting after the word "chapter", in line 17, the following words:- or (iii) providing health benefits required under the provision of this chapter.

SECTION 103. Chapter 32B of the General Laws is hereby amended by adding the following section:

Section 19. (a) Notwithstanding the provisions of any other section in this chapter, the appropriate public authority of any governmental unit which has undertaken to provide health coverage to its employees, retirees, surviving spouses or dependents, who shall hereafter be referred to collectively as subscribers, by acceptance of any other section of this chapter may instead elect to provide health coverage to all such subscribers pursuant to the provisions of this section, by entering into a contract or contracts with any one or more health carriers, or by transferring such subscribers to the group insurance commission established in chapter thirty-two A, pursuant to subsection (e) herein. This section shall take effect in a county, except in Worcester county, city, town or district upon its acceptance in the following manner: in a county except in Worcester county, by a vote of the county commissioners; in a city having Plan D or a Plan E charter, by majority vote of its city council and approved by the manager; in any other city by majority vote of the city council and approved by the mayor; in a town, by vote of the board of selectmen; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting. Acceptance hereunder shall not take effect until a written agreement is reached between the appropriate public authority and the public employee committee established herein.

Notwithstanding the provisions of subsection (c) of section four of chapter four, the acceptance of this designation may be revoked in the same manner it was accepted in accordance with all other subsections of section four B of chapter four, subject to the requirements of any public employee committee agreements as provided in this section and chapter one hundred and fifty E; provided, that revocation of this section shall not take effect until a written agreement providing for such revocation is reached between the appropriate public authority and the employee committee established herein. Nothing in this section shall preclude an appropriate public authority from agreeing to establish a health and welfare trust fund under section fifteen.

Any such contract or contracts with any one or more health insurance carriers shall be in conformity with an agreement reached by an appropriate public authority and a public employee committee. Such election by the appropriate public authority may be renewed in conformity with any successor agreement reached with a public employee committee.

The public employee committee shall be composed of a representative of each collective bargaining unit in the governmental unit and a retiree. The retiree representative shall be a designee of the Retired State, County and Municipal Employees Association. The retiree representative shall have a ten percent vote. The remaining ninety percent vote shall be divided as follows: each collective bargaining unit represented on the public employee committee shall have a weighted vote equal to the proportion which the number of employees eligible for health insurance under this chapter employed in the bargaining unit he represents bears to the total number of employees eligible for health insurance in all bargaining units of the governmental unit. Any agreement with the public authority must be approved by seventy percent of votes cast by the representatives on the public employee committee.

For the purposes of this section, a health carrier shall include any insurance company organized pursuant to chapter one hundred seventy-five, hospital service corporation organized pursuant to chapter one hundred seventy-six A, medical service corporation organized pursuant to chapter one hundred seventy-six I, or, in the case of a governmental unit which is partially or fully self-insured with respect to health coverage, any third party administrator selected by the governmental unit, which may include but is not limited to any health carrier.

An agreement so approved under this section shall be binding on all active and retired employees for whom health coverage is being purchased; shall supersede any conflicting provisions of all collective bargaining agreements and shall itself not be subject to supercedence in any statutory impasse proceeding under chapter one hundred and fifty E. Any dispute arising over the interpretation or application of the public employee committee agreement under this section may be submitted to binding arbitration under the labor arbitration provisions of the American Arbitration Association upon request of the public employee committee. Any request must be approved by seventy percent of votes cast by the representatives on the public employee committee.

A governmental unit which elects to provide health coverage to subscribers under this section shall be deemed in full compliance with any other provisions of this chapter regulating the procurement of health insurance.

A governmental unit which elects to provide health coverage under this section pursuant to an agreement approved by a public employee committee, may provide such coverage either as a single governmental unit or, pursuant to section twelve, through joint purchase with other governmental units or, with multiple governmental units, through a risk-sharing pool, trust or health carrier or third party administrator, or by making payments to a health and welfare trust fund to provide health coverage under this section either as a single governmental unit or together with multiple governmental units.

The appropriate public authority may contract with a health carrier for direct coverage of subscribers for whom the carrier's geographic service area provides appropriate access and coverage for other subscribers in accordance with subsection (d) herein.

(b) Nothing in this section shall be deemed to require, preclude or permit any change in any aspect of health coverage for active employees authorized by this section except where an agreement to provide for such change is reached by an appropriate public authority and a public employee committee in an agreement entered into or modified subsequent to the effective date of this subsection. In the absence of a successor agreement approved under this section the prior agreement of the public employee committee and the appropriate public authority regarding the provision of health insurance shall remain in effect.

(c) Nothing in this section shall be construed so as to relieve any governmental unit from providing health coverage to any employee, retiree, surviving spouse or dependent to whom it has an obligation to provide coverage under any other provision of this chapter.

(d) The agreement reached between an appropriate public authority and the public employee committee shall provide for those subscribers who, by reason of residence or domicile, cannot be appropriately served within the service area of the health carrier or carriers included in said agreement, subject to the provisions set forth in the paragraph below.

Coverage for active employees under this subsection shall be pursuant to and in conformity with the agreement required by this section and shall conform to all requirements of this section. The agreement reached between an appropriate public authority and the public employee committee shall provide that any subscriber who for reasons of residency is not eligible for enrollment in any such plan offered by a governmental unit shall be covered under a plan offered pursuant to chapter one hundred and seventy-six I, if any such plan is provided for under said agreement; provided, that any such subscriber who lives ten miles or more from the nearest primary care physician providing care under said plan shall have out-of-pocket payments and medical deductibles limited to the amount that he would have paid had he utilized the network of medical services of the plan offered pursuant to chapter one hundred and seventy-six I. If the agreement reached between the appropriate public authority and the public employee committee provides for only health maintenance organizations or other health carriers that limit enrollment to a particular geographic area, then, notwithstanding any general or special law to the contrary, health maintenance organizations or other health carriers shall provide for the coverage of services provided or arranged for all subscribers who do not reside within the geographic service area of said carriers in the following manner: Any subscriber not eligible for direct coverage due to his residency shall have the same benefit schedule and premium contribution provided to subscribers residing within the carrier's geographic service area, including but not limited to covered services, out-of-pocket payments and medical deductibles for any and all medical services provided for or arranged pursuant to such agreement.

(e) Where an agreement reached by an appropriate public authority and the public employee committee covering the public employee committee of the governmental unit executed or modified subsequent to the effective date of this subsection so provides, the appropriate public authority shall, for a period of time specified by regulation of the group insurance commission transfer to said commission all subscribers for whom it provides health coverage. The regulations of said commission shall permit the governmental unit, upon agreement reached by the appropriate public authority and the public employee committee pursuant to this section, to withdraw from such transfer to said commission after a period of not less than three years following such transfer consistent with the provisions of subsection (f).

(f) Said commission shall negotiate and purchase health coverage for subscribers transferred pursuant to subsection (e) and shall promulgate regulations for coverage of such subscribers so transferred. The schedule of benefits available to such transferred subscribers shall be determined by said commission in accordance with chapter thirty-two A. Said commission shall offer such subscribers at least the same choice as to health carriers as is made available to state employees, subject only to the agreement reached between the appropriate governmental unit and the public authority committee. The governmental unit's contribution to the cost of health coverage for such subscribers, shall be as determined under this section, and shall not be subject to the provisions on contributions in said chapter thirty-two A. Said commission shall require the governmental unit to collect and forward to the said commission the full premium or cost of coverage, including the subscriber's contribution, if any; provided, that the commission shall require any governmental unit so transferring subscribers under this section, notwithstanding any general or special law to the contrary, to forward to the commission the full cost of at least one month's but not more than three month's premiums for such transferred subscribers thirty days prior to the effective date of said transfer. For the purpose of determining the cost to subscribers transferred pursuant to subsection (d), the dollar amount payable by said subscribers shall be the same as the dollar amount paid by subscribers covered by the plan offered by the appropriate governmental unit, distinguishing only by the type of plan, individual, family or optional medicare extension plan, in which the subscriber enrolls. Said commission may also charge the governmental unit an administrative fee, to be determined by said commission, which shall be paid by the governmental unit and shall not be considered as part of the cost of coverage for purposes of determining the contributions of the governmental unit and its employees to the cost of health coverage. Any such administrative fee charged hereunder shall be used by said commission to pay any personnel or other costs associated with the administration of said plans.

(g) Any agreement reached between the governmental unit and the public employee committee shall provide that within the same health coverage plan the percentage contributed by the governmental unit to the premium or cost of health coverage shall be the same for all subscribers covered under this section. Said payments shall differ only by the type of coverage elected under the plan, individual, family, optional medicare extension or other; provided, however, that the percentage contributed by the governmental unit may vary among the different health coverage plans offered under the agreement reached between the governmental unit and the public employee committee. The agreement reached hereunder shall provide that the percentage contributed by said governmental unit to the premium or cost of at least one medicare extension plan available to all eligible subscribers shall be no less than the minimum percentage contributed by said governmental unit to any other health coverage plan offered pursuant to the agreement reached hereunder. Any governmental unit that accepts this section shall establish by agreement with the public employee committee a contribution by said governmental unit to said premium or cost of health coverage that provides for a minimum of fifty percent but not more than ninety-nine percent.

SECTION 104. Section 59 of chapter 40 of the General Laws, added by section 12 of chapter 19 of the acts of 1993, is hereby amended by striking out clause (iii) and inserting in place thereof the following clause:

(iii) authorizes tax increment exemptions from property taxes, in accordance with the Provisions of clause fifty-first of section five of chapter fifty-nine, for a specified term not to exceed twenty years, for any parcel of real property which is located in the TIF zone and for which an agreement has been executed with the owner thereof in accordance with the provisions of paragraph (v); provided, however, that the TIF plan shall specify the level of such exemptions expressed as an exemption percentage, not to exceed one hundred percent to be used in calculating the exemption under clause fifty-first of said section five of said chapter fifty-nine; provided, however, that such exemptions shall be calculated for each said parcel as provided in said clause fifty-first using an adjustment factor for each fiscal year of the specified term equal to the product of the inflation factors for each fiscal year since the parcel first became eligible for such exemption pursuant to this paragraph. The inflation factor for each fiscal year shall be a ratio.

(a) the numerator of which shall be the total assessed value of all parcels of commercial and industrial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment for the current fiscal year attributable to the commercial and industrial real estate as determined by the commissioner of revenue pursuant to subsection (f) of section twenty-one C of chapter fifty-nine, and

(b) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; provided such ratio should not be less than one.

SECTION 105. Chapter 40G of the General Laws is hereby amended by inserting after section 4 the following section:-

Section 4B. The corporation is hereby authorized and directed to establish a fund to be called the Commonwealth Fund which shall be managed by the MTDC to benefit and expand the economic climate within the commonwealth so long as such is consistent with sound investment policy. MTDC is also authorized to seek and secure additional assets from public and private investment managers to establish one or more funds to be called the Co-Investment Funds which shall become co-investors along with the commonwealth and other funds.

The initial amount that MTDC will transfer from its assets to the Commonwealth Fund, during the fiscal year ending June thirtieth, nineteen hundred and ninety-three shall not exceed one million dollars, and in subsequent years, the amount shall be determined by the board, subject to the limitation that such amount will not exceed twenty percent of the total assets of the MTDC Restricted for Investment Programs Funds of the prior fiscal year.

The Commonwealth Fund and the Co-Investment Funds shall be held in an account separate from all other funds and accounts of MTDC. Earnings from the investment of each of the funds shall be credited to them and losses, if any, from such investment shall be charged against them. The assets of these funds may be invested with the assets of other funds owned or managed by MTDC; provided, however, that such investments, earnings and losses therefrom, are apportioned and accounted to each participating fund in proportion of its share of the total investment. In no event shall losses of these funds be charged against any other funds of MTDC. Subject to the terms of an agreement between MTDC and the secretary of administration, a share of the net gains from the investments of the Commonwealth Fund shall be distributed to the General Fund.

MTDC shall invest and reinvest the monies from the Commonwealth Fund and the Co-Investment Funds and the income from such funds in the following ways:

(1) In the purchase of qualified securities issued by enterprises authorized in accordance with the requirements of this chapter; provided, however, that the board finds that such investment will enhance the economic climate of the commonwealth by acting to provide investment capital, both public and private, to firms which will utilize each investment to share and to expand their operation, assist in the direct and indirect creation of employment in the commonwealth and offer the potential of significant financial returns to the Commonwealth Fund and the Co-Investment Funds; provided further, that the board need not find as a basis for any such purchase that the MTDC participation is necessary to the success of the enterprise because funding for the enterprise is unavailable from the traditional capital markets, or because funding for the enterprise is unavailable from the traditional capital markets, or because funding has been offered on terms that would substantially hinder the enterprise, or that the enterprise has the reasonable potential to create a substantial amount of primary employment within the commonwealth and such employment, as far as feasible, may be expected to be for residents of target areas as defined by chapter forty F, and offer employment opportunities to unskilled and semi-skilled individuals; provided, further, that such purchases shall not be subject to, and shall not be taken into account in otherwise applying the following limitations on investments under this chapter, requires not more than twenty percent of the assets of MTDC at any time to be invested in direct investments, and requires at least fifty percent of all MTDC investments for the previous year to be made in enterprises that will locate in target areas as defined in said chapter forty F.

(2) The total amount of dollars invested in any enterprise shall not be limited except as required for the prudent diversification of assets; provided, however, that notwithstanding any provision of this chapter to the contrary, no investment shall be made pursuant to this section without the prior written notice to the house and senate committees on ways and means.

(3) In the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth.

In making purchases pursuant to subsection (1), the board shall not be subject to any limitations on lawful investments for fiduciaries in the commonwealth or to any provisions of law governing the investment of state pension funds or other public monies.

MTDC shall receive a fee for the management of the Commonwealth Fund and the Co-Investment Funds, as defined by the investment agreement or agreements which may include a portion of the earnings of said funds, to be paid out of the monies in said funds. Said investment agreement or agreements shall legally bind the MTDC for the term or terms of the agreement or agreements and shall not be modified by legislative or executive action during the term or terms of the agreement or agreements.

SECTION 106. Section 7 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out clause (18) and inserting in place thereof the following:-

(18) For the payment of charges incurred under contracts authorized by section four of chapter forty for the expert appraisal of taxable property or for the preparation of assessors maps, including charges for aerial mapping in connection with the preparation of such maps, ten years.

SECTION 107. Section 3 of chapter 55 of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

The director shall appoint such employees as the work of the office may require. The director shall establish the salaries, duties, and personnel regulations of all employees as he deems necessary to perform the duties of the office, provided however, the salaries of such employees shall not exceed the sum annually appropriated by the general court. The provisions of sections nine A and forty-five of chapter 30 and of chapter 31 shall not apply to the employees of the office.

SECTION 108. Chapter 58 of the General Laws is hereby amended by striking out section 18D, as so appearing, and inserting in place thereof the following section:-

Section 18D. The state treasurer, upon certification by the state racing commission, shall quarterly distribute to each city and town within which racing meetings are conducted, including racing meetings conducted in connection with a state or county fair, under licenses issued under the provisions of chapter one hundred and twenty-eight A, the sum of one quarter of one percent of the total pari-mutuel wager for each such racetrack within said city or town for the previous three months, which sum shall be allocated from the commonwealth's share; provided, however, that if the parcel of land containing such racetrack is located in two cities or towns, said sum shall be divided so that two-thirds shall be distributed to the city or town in which the major portion of said parcel is located, and one-third shall be distributed to the other city or town.

SECTION 109. Section 2B of chapter 59 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

This section shall not apply to easements, grants, licenses or rights of way of public utility companies; or to the property of the United States, or any instrumentality thereof, for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed, in behalf of the United States or any instrumentality thereof; or to the property of the United States, or any instrumentality thereof, which is used by a manufacturing corporation so classified under chapter fifty-eight.

SECTION 110. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting, after clause Twenty-Second E, the following paragraph:-

Notwithstanding the provisions of this section, in any city or town which accepts the provisions of this paragraph, said exemptions available under clauses twenty-second, twenty-second A, twenty-second B, twenty-second C, twenty-second D and twenty-second E may be granted to otherwise eligible persons who have resided in the commonwealth for one year prior to the date of filing for exemptions under the applicable clause.

SECTION 111. Section 5 of chapter 59 of the General Laws is hereby amended by adding the following clause:-

Fifty-second. (a) Notwithstanding any other provision of this section, any elderly homeowner who meets the criteria described in subsection (c) shall receive an abatement of an amount equal to the difference between any increase in property taxes attributable to the provisions of paragraph (n) of section twenty-one C and the amount by which the applicant's water and sewer bill would be higher if the amount of said increase in property taxes were recovered in water and sewer charges, which difference shall be calculated by the board or officer responsible for fixing water and sewer charges, and certified to the board of assessors; provided, however, that said abatement shall not be greater than two hundred dollars.

(b) The commonwealth shall annually appropriate the amount necessary fully to reimburse cities and towns for taxes abated under this clause. Subject to said appropriation, the commissioner of revenue shall distribute to each city and town its full reimbursement amount based on the number and amount of such abatements granted.

(c) The criteria for eligibility for this abatement shall be as follows. The property for which the abatement is sought must be owned by a person sixty-five years of age or over and occupied by him as his domicile, or owned jointly with his spouse, either of whom is sixty five years of age or over, and occupied as their domicile, or by a person who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile. No abatement shall be granted unless said owner had, in the preceding year, gross receipts from all sources of less than fifteen thousand dollars, or, if married, combined gross receipts of less than eighteen thousand dollars; provided, however, that in computing the gross receipts of an applicant under this clause, ordinary business expenses and losses may be deducted, but not personal or family expenses; provided, further, that no abatement shall be granted unless in the preceding year, such owner had a whole estate, real and personal, not in excess of twenty thousand dollars, or, if married, a combined estate not in excess of twenty-five thousand dollars, provided that real property occupied as his domicile shall not be included in computing the whole estate except for any portion of said property which produces income. In the case of real estate owned by a person jointly or as a tenant in common with a person not his spouse, the amount of his exemption under this clause shall be that proportion of the amount described in subsection (a) which the amount of his interest in the property bears to the whole value of the property; provided that no abatement shall be granted to any joint tenant or tenant in common unless the gross receipts from all sources whatsoever of each joint tenant or tenant in common is less than fifteen thousand dollars, or, if married, the combined gross receipts from all sources whatsoever of each joint tenant or tenant in common and his spouse is less than eighteen thousand dollars and unless the combined whole estate, real and personal, of each joint tenant or tenant in common is less that twenty thousand dollars or, if married, the combined whole estate, real and personal of each joint tenant in common with his spouse does not exceed twenty-five thousand dollars; and provided, further, that no proportion of the exemption shall be denied to any applicant otherwise qualified for the reason that another joint tenant or tenant in common receives a proportion of the total exemption. Notwithstanding any provision of this section, or any other general or special law to the contrary, this abatement shall be available in addition to any other abatement which a homeowner may receive.

SECTION 112. Said chapter 59 is hereby further amended by inserting after section 5H the following section:-

Section 5I. With respect to each parcel of real property classified as class three, commercial, in each city or town certified by the commissioner to be assessing all property at its full and fair cash valuation, and at the option of the board of selectmen or mayor, with the approval of the city council, as the case may be, there shall be an exemption equal to not more than ten percent of the value of the parcel; provided, however, that such exemption shall only apply to property that is occupied by a business that, at that location and all others combined, had an average annual employment of no more than ten during the previous calendar year as certified by the commissioner of the department of employment and training, and the assessed valuation of which is less than one million dollars. This exemption shall be in addition to any exemptions allowable under section five. The value of exemptions granted under this section shall be borne by the combined value of class three commercial property and class four industrial property.

SECTION 113. Section 21C of said chapter 59, as so appearing, is hereby amended by striking out, in line 163, the words "or (k)" and inserting in place thereof the following words:- , (k) or (n).

SECTION 114. Said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following paragraph:-

(n) The local appropriating authority may, by accepting this paragraph, provide that taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, solely for payment, in whole or in part, of water or sewer debt service charges, including debt service charges of an independent commission, authority or district and as part of any wholesale water and sewer charges, that the board or officer responsible for determining the water and sewer charges certifies were not in fiscal year nineteen hundred and ninety-three paid by local taxes; provided, however, that water and sewer charges shall be reduced by the amount of any such aggregate additional taxes assessed; and provided, further, that said additional taxes may be assessed on only residential real property as defined in section two A, notwithstanding the failure of the city or town to adopt a residential factor pursuant to section fifty-six of chapter forty, but subject to any subsequent adoption of such residential factor allowed by said section fifty-six; and provided, further, that if said additional taxes are assessed only on residential real property, aggregate residential water and sewer charges shall be reduced by the amount of any such additional taxes assessed. In the case of a city or town whose water and sewer service is provided by an independent commission, authority or district which separately bills water and sewer users, said commission, authority or district may enter into an agreement with said city or town to effectuate the purposes of this paragraph, provided, however, that immediately upon collection of all such taxes assessed for payment of such residential water and sewer debt service charges of such commission, authority or district, the treasurer or collector of taxes of such city or town shall, without appropriation by such city or town, pay over the taxes so collected to such commission, authority or district less any amounts agreed upon to provide reasonable compensation to the city or town for costs incurred in carrying out the agreement. Notwithstanding the provisions of chapter twenty-nine C, chapter two hundred and seventy-five of the acts of nineteen hundred and eighty-nine, or any other general or special law to the contrary, any city or town which accepts this paragraph or any independent authority, commission or district which provides water or sewer services to such city or town shall remain eligible to receive loans and grants for water pollution abatement projects or safe drinking water projects.

SECTION 115. Said chapter 59, is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-

Section 25. The assessors of each city, town and tax levying district shall annually raise by taxation such reasonable amount of overlay as the commissioner may approve although the total taxes assessed as provided in section twenty-one C of this chapter may by such overlay be exceeded; provided, that only an amount not in excess of the average overlay for the three previous fiscal years may, in any city or town in which the local appropriating authority, as defined in subsection (a) of section twenty-one C, accepts the provisions of this section, be excluded from the provisions of section twenty-one C. The overlay account may be used only for avoiding fractional divisions of the amount to be assessed and to fund abatements granted on account of taxes assessed for the fiscal year in whose assessment the overlay is raised. The amount of such overlay approved by the commissioner shall not be included in calculating the "total taxes assessed" in paragraph (a), or the maximum levy limit in paragraph (f), of section twenty-one C. Any balance in the overlay account in excess of the amount of the warrant remaining to be collected or abated, as certified by the board of assessors, shall be transferred by the board of assessors upon its own initiative or within ten days of a written request by the chief executive officer, with written notice to the chief executive officer, to a reserve fund to be appropriated for any lawful purpose. Any balance in said reserve fund at the end of the fiscal year shall be closed out to surplus revenue.

SECTION 116. Section 59 of said chapter 59 is hereby amended by striking out, in line 45, the words "and Forty-third" and inserting in place thereof the words:- , Forty-third and Fifty-second.

SECTION 117. Section 23 of chapter 60, as so appearing, is hereby amended by adding the following paragraph:

Any proposed subdivision plans may not be recorded unless they are accompanied by a municipal lien certificate, indicating that all taxes, assessments and charges have been paid in full.

SECTION 118. The first paragraph of section 2A of chapter 60A of the General Laws, as so appearing, is hereby amended by inserting before the first sentence the following sentence:- Taxes shall be collected within six years after the assessment of the tax in accordance with section sixty-five of chapter sixty-two A.

SECTION 119. Said section 2A of said chapter 60A, as so appearing, is hereby amended by inserting after the word "time", the first time it appears, in line 14, the following words:- after the service of warrant has been made, but not later than six years after the initial excise tax issuance was made.

SECTION 120. Said section 2A of said chapter 60A, as so appearing, is hereby further amended by inserting after the word "law", in line 34, the following words: ; provided, however, that the registrar shall not suspend the renewal of the licenses to operate a motor vehicle or the registration of said motor vehicle if the uncollected amount exceeds a period of six years from the assessment of the tax, in accordance with section sixty-five of chapter sixty-two A.

SECTION 121. The first paragraph of section 6D of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- At the beginning of each fiscal year, subject to appropriation, one dollar shall be credited from the General Fund to the Natural Heritage and Endangered Species Fund for each dollar contributed by the public in the prior fiscal year under the provisions of this section. The commissioner of the department of revenue shall certify to the state comptroller total revenues contributed to the Natural Heritage and Endangered Species Fund by individuals in the prior fiscal year.

SECTION 122. Section 37 of said chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the word "later", in line 8, the following words:- ; provided, however, that where the commissioner and the taxpayer have agreed to extend the period for assessment of a tax pursuant to section twenty-seven, the period for abatement or for abating such tax shall not expire prior to the expiration period within which an assessment may be made pursuant to such agreement or any extension thereof.

SECTION 123. Said chapter 62C is hereby further amended by inserting after section 83 the following section:-

Section 84. (a) Under regulations promulgated by the commissioner, if:

(i) a joint return has been made under this chapter for a taxable year,

(ii) on such return there is substantial understatement of tax attributable to grossly erroneous items of one spouse,

(iii) the other spouse establishes that in signing the return he or she did not know, and had no reason to know, that there was such substantial understatement, and

(iv) taking into account all facts and circumstances, it is inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to such substantial understatement, then the other spouse shall be relieved of liability for the tax, including interest, penalties and other amounts, for such taxable year to the extent such liability is attributable to such substantial understatement.

SECTION 124. The first paragraph of section 38L of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- At the beginning of each fiscal year, one dollar shall be credited from the General Fund to the Natural Heritage and Endangered Species Fund for each dollar contributed by corporations to the Natural Heritage and Endangered Species Fund in the prior fiscal year under the provisions of this section. The commissioner of the department of revenue shall certify to the state comptroller total revenues contributed by the corporations in the prior fiscal year.

SECTION 125. Paragraph (h) of section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following definition:-

"Honor snack tray", any vending arrangement in which only candy or snacks are available in an open tray for the benefit of employees in an establishment that normally does not sell food or food products and for which payment is made on the honor system.

SECTION 126. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by inserting after the word "machine", in line 108, the following words:- or honor snack tray.

SECTION 127. The General Laws are hereby amended by inserting after chapter 64J the following chapter:- `tuc CHAPTER 64K Controlled Substances Tax

Section 1. For the purposes of this chapter the following words shall have the following meanings unless the context clearly requires otherwise:-

"Marihuana", marihuana, whether real or counterfeit, as defined in section one of chapter ninety-four C, that is held, possessed, transported, transferred, sold or offered for sale in violation of Massachusetts law.

"Controlled substance", drug or substance, whether real or counterfeit, as defined in section one of chapter ninety-four C, that is held, possessed, transported, transferred, sold or offered for sale in violation of Massachusetts law. For the purposes of this act, "Controlled substance" shall not include marihuana.

"Dealer", a person who, in violation of Massachusetts law, manufacturers, produces, ships, transports, or imports into the commonwealth or in any manner acquires or possesses more than forty grams of marihuana, or seven or more grams of a controlled substance, or ten or more dosage units of a controlled substance which is not sold by weight. A quantity of marihuana or controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

"Commissioner", the commissioner of the department of revenue.

Section 2. The commissioner shall be responsible for the enforcement of the provisions of this chapter. Payments required pursuant to this chapter must be made to said commissioner on the form provided by said commissioner. Dealers shall not be required to give their name, address, social security number or other identifying information on such form. Said commissioner shall collect all taxes due under this chapter.

Section 3. The commissioner may adopt rules and regulations necessary to enforce the provisions of this chapter. Said commissioner shall adopt a uniform system of providing, affixing, and displaying official stamps, labels, or other indicia for marihuana and controlled substances on which a tax shall be imposed.

Section 4. No dealer shall possess any marihuana or controlled substance upon which a tax is imposed by section eight unless the tax has been paid on the marihuana or controlled substance as evidenced by a stamp or other official indicia.

Section 5. Nothing in this chapter shall be construed to provide immunity for a dealer from criminal prosecution pursuant to Massachusetts law.

Section 6. Nothing in this chapter shall be construed to require persons lawfully in possession of marihuana or a controlled substance to pay the tax required pursuant to this chapter.

Section 7. For the purposes of calculating the tax due under section eight, a quantity of marihuana or controlled substances shall be measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

Section 8. A tax shall be imposed on marihuana and controlled substances as defined in section one at the following rates:-

(1) on each gram of marihuana, or each portion of a gram, three dollars and fifty cents; and

(2) on each gram of controlled substance, or portion of a gram, two hundred dollars; or

(3) on each fifty dosage units of a controlled substance that is not sold by weight, or a portion thereof, two thousand dollars.

Section 9. Any dealer violating the provision of this chapter shall subject to a penalty of one hundred percent of the tax in addition to the tax imposed by section eight. Such penalty shall be collected as part of the tax.

In addition to the tax penalty imposed, a dealer convicted of distributing or possessing marihuana or controlled substances without affixing the appropriate official stamps, labels, or other indicia shall be punished by imprisonment for not more than five years or a fine of not more than ten thousand dollars, or both.

Section 10. Official stamps, labels, or other indicia to be affixed to all marihuana or controlled substances shall be purchased from the commissioner. The purchaser shall pay one hundred percent of face value for each official stamp, label, or other indicia at the time of such purchase.

Section 11. When a dealer purchases, acquires, transports, or imports into the Commonwealth marihuana or controlled substances on which a tax is imposed by section eight and, if the indicia evidencing the payment of the tax has not already been affixed thereto, the dealer shall have them permanently affixed on the marihuana or controlled substance immediately after receiving such marihuana or controlled substance. Each stamp or other official indicia shall be used only once.

Taxes imposed upon marihuana or controlled substances by this chapter are due and payable immediately upon acquisition or possession in the Commonwealth by a dealer.

Section 12. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid shall be considered a jeopardy assessment or collection. The commissioner shall assess a tax and applicable penalties based on personal knowledge or information available to the commissioner. Said commissioner shall mail to the taxpayer at the taxpayer's last known address or serve, in hand, a written notice of the amount of tax and penalty due and shall demand its immediate payment and, if such payment is not immediately made, shall collect the tax and penalty by any method available under law.

No person may bring an action to enjoin the assessment or collection of any taxes, interest or penalties imposed pursuant to this chapter.

The taxes and penalties assessed by the commissioner are presumed to be valid and correctly determined and assessed. The burden shall be upon the taxpayer to demonstrate that such tax or penalty has been incorrectly or invalidly assessed. A statement filed by the commissioner with the court administrator, or other certificate by the commissioner of the amount of tax and penalties determined or assessed shall be admissible as evidence and shall be prima facie evidence of the facts contained therein.

Section 13. Notwithstanding the provisions of any general or special law to the contrary, neither the commissioner nor a public employee shall be authorized to reveal facts contained in a report or return required by this chapter or any information obtained from a dealer; nor can any such information contained in such a report or return or otherwise obtained from a dealer be used against such dealer in criminal proceeding, unless such information was independently obtained, except in connection with a proceeding involving taxes due under this chapter from the dealer making such return.

Any person violating the provisions of this section shall be guilty of a misdemeanor.

Nothing in this section shall be construed to prohibit the commissioner from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports.

Section 14. For the purpose of determining the correctness of any return or determining the amount of tax that should have been paid or determining whether or not the dealer should have made a return or paid taxes or for collecting any taxes due under this chapter, the commissioner may examine, or cause to be examined, any books, papers, records or memoranda that may be relevant to making such determinations or collections, whether the books, papers, records or memoranda are the property of or are in the possession of the dealer or another person. Said commissioner may require the attendance of any person having knowledge or information that may be relevant and may compel the production of books, papers, records, or memoranda by persons required to attend and may take testimony on matters material to the determination, and administer oaths or affirmations. Upon demand of the commissioner or an examiner or investigator, a clerk of court shall issue subpoenas for the attendance of a witnesses or the production of books, papers, records and memoranda. The commissioner may also issue subpoenas. Failure to obey a subpoena issued by a district court under this chapter shall be punishable in the district court of the district in which such subpoena is issued, or if the subpoena is issued by the commissioner, such failure to obey a subpoena shall be punishable in the district court of the district in which the party served with the subpoena is located, in the same manner in which a contempt is punishable in a district court.

SECTION 128. Section 2 of chapter 70 of the General Laws, as appearing in section 32 of chapter 71 of the acts of 1993, is hereby amended by striking out the definition of "Base aid" and inserting in place thereof the following definition:-

"Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year. In fiscal year nineteen hundred and ninety-four, base aid shall be state school aid in fiscal year nineteen hundred and ninety-three; provided, however, that the amount of aid deemed to have been distributed in fiscal year nineteen hundred and ninety-three pursuant to section sixteen D of chapter seventy-one shall be adjusted to equal the amount that would have been distributed in fiscal year nineteen hundred and ninety-four in accordance with paragraph (e) of section sixteen D of said chapter seventy-one but for the provisions of this chapter and paragraph (f) of said section sixteen D of chapter seventy-one; and provided, further, that, for any district in which net school spending is less than the foundation budget in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding any amount that will be deducted in the current fiscal year pursuant to the provisions of section twelve B of chapter seventy-six for students that applied and were accepted at receiving districts during the prior fiscal year; provided, however, that the students identified in subsection (m) of said section twelve B, shall be deemed for the purposes of this calculation to have been accepted at receiving districts during fiscal year nineteen hundred and ninety-three.

SECTION 129. Chapter 74 of the General Laws is hereby amended by inserting after section 7B the following section:-

Section 7C. Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine, or of any other general or special law to the contrary, a town where a person resides who is admitted to the school of another town under section seven shall pay a tuition fee to be fixed by the commissioner under the direction of the state board, and in default of payment shall be liable therefor in contract to such other town. If an approved vocational school established by a regional school district or a public independent vocational school accepts a student who resides in a town, other than a member town of said district, which does not maintain such a vocational school, the town in which such student resides shall pay a tuition fee to be fixed by the regional district school committee or by the board of trustees of a public independent vocational school and approved by the commissioner under the direction of the state board; provided, however, that a town shall not be required to pay any portion of the tuition of any student residing therein who is enrolled in a post-secondary vocational program.

Tuition shall be paid in two equal installments in each school year of attendance, one in January and one in June, or on a pro-rated monthly basis if a nonresident student fails to apply for his first year of admission on or before April first of the preceding school year. The commissioner may direct that the resident community's tuition payment for said first year be paid in full in July of the fiscal year after the student completes his first year of nonresident attendance including the penalties that the commissioner may determine.

No tuition shall be payable under this section with respect to a student who has satisfactorily complete the twelfth grade or courses equivalent thereto and whose personal income exceeds eighteen thousand dollars, said amount to be adjusted periodically as recommended by the commissioner of education.

SECTION 130. The second sentence of section 37C of said chapter 74, as so appearing, is hereby amended by inserting after the word "preparation", in line 7, the following word:- , age.

SECTION 131. Chapter 75 of the General Laws is hereby amended by inserting after section 36B the following section:-

Section 36C. (a) The trustees are hereby authorized to acquire by purchase or otherwise affiliate with, or operate physicians practices, satellite clinics, ambulatory care centers, mental health programs or facilities, health care facilities, outpatient diagnostic or treatment centers, home health care programs, long-term care facilities, rehabilitation facilities, laboratories, fitness centers, and similar health care or related programs or facilities, provided such transactions are determined by said trustees to be in the best interests of the teaching hospital or to further the educational and research mission of the medical school. If such transactions require, as incidental to them, the acquisition of an interest in real property by purchase, lease, lease-purchase or otherwise, said real property shall be considered unique for the purposes of section forty H of chapter seven, and such acquisition shall be within the exemption provided in paragraph (b).

(b) No such transaction shall be undertaken unless it is first approved by the secretary of administration and finance, subject to such conditions as the secretary may deem appropriate. At least thirty days prior to entering into any binding agreement for such transaction, the trustees shall file a statement with the secretary of administration and finance, the secretary of education and the secretary of health and human services containing such information regarding the proposed transaction as the secretary of administration shall require. Any such proposed transaction that is approved pursuant to this paragraph, or deemed to have been approved pursuant to paragraph (c) shall be exempt from any other general or special law or regulation applicable to state agencies alone.

(c) If the secretary of administration and finance fails to send the trustees a written notice disapproving the proposed transaction stating the reasons for such disapproval within thirty days after the receipt of the trustees' statement, the proposed transaction shall be deemed to have been approved. The trustees may take such actions as they deem appropriate to cure any problems identified by said secretary and resubmit such proposals.

(d) The trustees shall cause to be filed with the secretary of administration and finance, the secretary of education and the secretary of health and human services a copy of the operating budget of the university teaching hospital and all monthly financial statements summarizing activity within the hospital trust fund. The secretary of health and human services, or his designee, shall serve as a member of the hospital management board. Notice and minutes of all meetings of said board shall be sent to the secretary of administration and finance, the secretary of education and the secretary of health and human services on a timely basis.

SECTION 132. Chapter 75 of the General Laws is hereby amended by adding the following section:-

Section 38. (a) There shall be a National Pollution Control Technology Research and Development Institute, hereinafter referred to as the Institute, at a University of Massachusetts campus which has accredited programs in engineering and public health.

(b) The purposes and responsibilities of the Institute shall be to:

(1) Engage in research, development, and demonstration of pollution control technologies and waste minimization methods that may be utilized by business and industry, including but not limited to new or modified equipment or technology, new or modified processes or procedures, and reformulation or redesign of products.

(2) Provide information regarding the availability and effectiveness of pollution control technologies and waste minimization methods to business and industry, through courses, seminars, conferences, and other events, and reports, updates, guides, and other publications, and other appropriate means of disseminating such information.

(3) Provide consulting services and technical assistance to small businesses and others with respect to the development and utilization of pollution control technologies and waste minimization methods, through such means and methods, including but not limited to use of the small business development center at the university, as may be requested and/or specified by the recipients of such services and assistance.

(c) The general court may annually appropriate such sums as it deems necessary for the maintenance, operation, and support of the institute. The institute may receive grants from public and private sources to carry out its activities and may impose fees, tuitions, and other financial charges for its programs, publications, and services. All monies appropriated to the Institute or received by the Institute through grants, gifts, bequests, or contracts shall be administered for the Institute by the trustees of the university pursuant to section eleven of this chapter.

(d) The Institute may enter into contracts with corporations, foundations, other entities, and individuals concerning the conduct of work within the scope of its purposes and responsibilities, as well as concerning inventions, discoveries, research, or other work product, including patents, trademarks, copyrights, trade secrets and any other intellectual property, developed in connection with its work.

(e) There shall be a Pollution control technology advisory board associated with the Institute consisting of eleven members appointed by the governor. Two of such members shall be appointed from a list of names submitted by the secretary of the executive office of economic affairs, two of such members shall be appointed from a list of names submitted by the secretary of the executive office of environmental affairs, one of such members shall be appointed from a list of names submitted by the president of the senate, one of such members shall be appointed from a list of names submitted by the speaker of the house, one of such members shall be appointed from a list of names submitted by the director of the Institute, two of such members shall be appointed from a list of names submitted by the Massachusetts Chemical Technology Alliance, and two of such members shall be members of the general public. Each member of the board shall be appointed for a term of three years, provided that of the initial appointees to the board, four shall serve for an initial term of one year, four shall serve for an initial term of two years, and three shall serve for an initial term of three years. Each member shall serve for the term of his appointment and until his successor has been appointed, and any vacancy in the membership occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. No member shall serve for more than two consecutive terms. Each member must have appropriate academic or professional experience. All members shall serve without compensation.

(f) The institute shall be headed by a director. The institute shall work in cooperation with other programs, faculty, staff, and students of the university. The director of the Institute shall consult with the advisory board on issues relating to the programs, objectives, and operations of the Institute.

(g) The university may adopt, and from time to time may amend or repeal, after consultation with the director of the institute, rules and regulations which they deem necessary to govern the programs and operations of the institute.

SECTION 133. Subsection (h) of section twelve B of chapter seventy-six of the General Laws, shall be effective as of July first, nineteen hundred and ninety-three.

SECTION 134. Section 19 of chapter 78 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- The board shall cooperate with the Library of Congress or its successors relative to the administration of the program of talking books and may expend such state, federal or other funds as are available for such purpose.

SECTION 135. Section 8A of chapter 79 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out in line 16 the words "at the rate of ten percent per annum" and inserting in place thereof the words:- at the rate calculated pursuant to the provisions of section thirty-seven.

SECTION 136. Section 37 of said chapter 79, as so appearing, is hereby amended by striking out, in lines 2 and 9, the words:- "of ten percent per annum" and inserting in place thereof, in each instance, the words:- calculated pursuant to the provisions of this section.

SECTION 137. Said section 37 of said chapter 79, as so appearing, is hereby further amended by adding the following two paragraphs:-

Interest required to be paid under this chapter shall be at an annual rate equal to the coupon issue yield equivalent, as determined by the United States Secretary of the Treasury, of the average accepted auction price for the last auction of 52-week United States Treasury bills settled immediately before the date of taking; provided, however, that such interest shall not exceed the rate of ten percent per annum.

The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law.

SECTION 138. Section 39 of said chapter 79, as so appearing, is hereby amended by striking out in line 15 the words "of ten percent per annum" and inserting in place thereof the words:- calculated pursuant to the provisions of section thirty-seven.

SECTION 139. The eighth paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following three sentences:- The registrar shall make available to the owners of private passenger motor vehicles registered in the counties of Barnstable, Dukes, or Nantucket, distinctive number plates which shall display on the face of said plate a design representing the Cape and Islands. This design shall consist of a gray and white seagull above a gray colored codfish below which sprigs of cranberries surround in a semi-circular manner a blue field in the shape of a scallop in which Barnstable, Dukes, and Nantucket counties are shown in gold, below all of which shall be a gold ribbon with the words "Cape Cod & Islands" emblazoned within. There shall be a twenty-five dollar fee for said plate in addition to the established registration fee for passenger motor vehicles; the portion of said fee remaining after the deduction of costs directly attributable to issuing said plate shall be transferred to the county commissioners of each county proportional to the sale of plates to vehicles registered in that county; provided, however, that fifty percent of the proceeds to each county shall be used to promote tourism, and fifty percent shall go to a county economic development group as determined by the county commissioners; provided, further, that in the case of Barnstable county, said county economic development group shall be the Cape Cod economic development council.

SECTION 140. The second paragraph of subparagraph (1) of paragraph (2) of subdivision (1) of section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "286 of c. 138 of the acts of 1991" and inserting in place thereof the following words:- seventy-one of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two.

SECTION 141. Section 34 of said chapter 90 is hereby amended by adding the following paragraph:-

Revenues credited to the Highway Fund shall not be transferred to any other fund of the commonwealth for any purpose.

SECTION 142. Section 27 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(f) Notwithstanding any general or special law to the contrary, needles and syringes may be distributed or possessed as part of a pilot program approved by the department of public health in accordance with section two hundred and fifteen of chapter one hundred and eleven and any such distribution or exchange of said needles or syringes shall not be a crime.

The department of public health shall ensure that individuals participating in a pilot needle exchange program will be encouraged to seek and will be placed in contact with substance abuse treatment and health care.

SECTION 143. The third paragraph in subsection (d) of section 47 of chapter 94C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The district attorney or attorney general shall expend at least ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes.

SECTION 144. Said third paragraph of said subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following two sentences:- Within ninety days of the close of fiscal year nineteen hundred and ninety-three and on each January fifteenth thereafter, each district attorney and the attorney general shall file a detailed report with the house and senate committees on ways and means on the deposit and expenditure of all monies in the trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs. Reports filed with said committees annually on January fifteenth shall detail said deposit and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first.

SECTION 145. The fourth paragraph in said subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:- Within ninety days of the close of fiscal year nineteen hundred and ninety-three and on each January fifteenth thereafter, each chief of police of such city or town shall file a detailed report with the division of local services of the department of revenue on the deposit and expenditure of all monies in the special law enforcement trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug education, and other anti-drug or neighborhood crime watch programs or other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate.

SECTION 146. Section 70E of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph:-

Except in cases of emergency surgery, at least ten days before a physician operates on a patient to insert a breast implant, the physician shall inform the patient of the disadvantages and risks associated with breast implantation. The information shall include, but not be limited to, the standardized written summary provided by the department. The patient shall sign a statement provided by the department acknowledging the receipt of said standardized written summary. Nothing herein shall be construed as causing any liability of the department due to any action or omission by said department relative to the information provided pursuant to this paragraph. The department of public health shall:

(1) develop a standardized written summary, as set forth in this paragraph in layman's language that discloses side effects, warnings, and cautions for a breast implantation operation within three months of the date of enactment of this act;

(2) update as necessary the standardized written summary;

(3) distribute the standardized written summary to each hospital, clinic, and physician's office and any other facility that performs breast implants; and

(4) provide the physician inserting the breast implant with a statement to be signed by the patient acknowledging receipt of the standardized written summary.

SECTION 147. Section 150A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the fifteenth paragraph and inserting in place thereof the following paragraph:-

The department shall allow any unlined landfill, owned or operated by a municipality or a solid waste district, to continue accepting refuse in compliance with existing approvals after January first, nineteen hundred and ninety-four; provided, that said municipality or district files a statement of intent with the department on or before August fifteenth, nineteen hundred and ninety-three, as to its intent to continue in operation after January first, nineteen hundred and ninety-four; provided further, that any landfill for which a statement of intent has been submitted shall operate in accordance with applicable federal and state statutes, regulations, existing approvals, and provisions included herein. For purposes of this paragraph, the term "existing approval" shall include any permit, site assignment, plan approval, condition of operation, or any other applicable order or rule governing the operations of a landfill issued or granted by a municipality, the department, or any other agency of the commonwealth, or for which an application was pending as of May first, nineteen hundred and ninety-three, when granted in accordance with applicable regulations; provided, that no such application shall be denied arbitrarily and capriciously. Any municipality or district which does not file such a statement of intent shall cease accepting refuse no later than January first, nineteen hundred and ninety-four, and shall commence closure of the landfill under its control subject to the approval of the department in accordance with regulations promulgated by the department. On or before October first, nineteen hundred and ninety-three, the department shall compile and publish a list of all landfills for which a statement of intent has been filed and classify separately, as supported by scientific data, those landfills which pose a significant threat to the public health, safety, or the environment, those landfills which pose a potential threat, and those landfills for which current scientific data demonstrate little or no present discernible threat or for which current data is inconclusive. In classifying landfills, the department shall utilize all available scientific data, including, without limitation, any scientific data submitted by the municipality or the district and any additional scientific data generated by the department relative to an assessment of the actual or potential migration of leachate or other contaminants off the site of the landfill. The department shall publish the list and accept public comment on said list. The department shall, if requested by November first, nineteen hundred and ninety-three, by the chief executive officer of a municipality or a district with a landfill on the list, participate in a public meeting in the municipality or district to be scheduled at mutual convenience within sixty days of such request. By February first, nineteen hundred and ninety-four, the department shall issue a final revised list taking into account any additional information generated or received through the comment and meeting process. The department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order any landfill which is classified as a significant threat to public health, safety or the environment to cease operations and commence closure, or take such other action as the department deems necessary; provided, that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. A municipality or district operating a landfill classified by the department as a potential threat shall no later than July first, nineteen hundred and ninety-four, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. A municipality or district operating a landfill for which the department has determined little or no present discernible threat exists or for which current data is inconclusive shall no later than January first, nineteen hundred and ninety-five, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. It shall be a violation of this section to falsify or falsely report any monitoring results. If the results of such groundwater monitoring or other site specific assessment indicate that a landfill does pose a threat to public health, safety or environment, the department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order the municipality or district to cease operations and commence closure, or to take such other action as the department deems necessary; provided, that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. Nothing in this paragraph shall preclude the department from acting to address violations of this section, chapter twenty-one E or the regulations promulgated thereunder.

SECTION 148. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 215. The department of public health is hereby authorized to promulgate rules and regulations for the implementation of a pilot program for the exchange of needles in cities and towns within the commonwealth upon nomination by the department. Local approval shall be obtained prior to implementation of the pilot program in any city or town.

Not later than one year after the implementation of said pilot program said department shall report the results of said program and any recommendations by filing the same with the joint legislative committees on health care and public safety.

SECTION 149. Section 88 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "information" in lines 8 and 9 the following words:- , including, but not limited any modifications of pertinent laws, rules or regulations that would have an impact on the licensee.

SECTION 150. Section 1 of chapter 117A of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "may" and inserting in place thereof the following word:- shall.

SECTION 151. Chapter 118 of the General Laws, is hereby amended by inserting after section 1 the following two sections:-

Section 1A. (a) For purposes of this section the following words shall have the following meanings:-

(i) "TEMP", a program of Transitional Employment for Massachusetts Parents. TEMP shall consist of participation in placements approved by the department, for which a recipient may, or may not, be compensated.

(b) No adult receiving benefits under this chapter shall receive any such benefits for more than two years, unless said adult:

(i) works at least twenty hours per month in a job for which compensation is paid; or

(ii) participates actively in a program of education or training recognized by the department; or

(iii) participates at least twenty hours per week in a placement in TEMP unless exempt under the provisions.

An adult shall be considered to have received benefits for two years when benefits have been paid on his/her behalf for any twenty-four calendar months since January first, nineteen hundred and ninety-two, whether or not said months are consecutive; provided, that for the purposes of this paragraph, a month shall be any part of a calendar month for which the adult was paid a benefit.

(c) Notwithstanding the receipt of benefits for two years, an adult shall be exempt from participating in TEMP only if said adult is (i) unable to work because of a medical disability, as defined by the regulations of the department; or (ii) caring for a disabled person, in accordance with regulations of the department; or (iii) the parent of a child who is under the age at which full-time school attendance is mandatory in the city or town in which the child resides; or (iv) in need of child care and such care is not available, provided the department may require participation in TEMP during the school hours of any school-aged child.

(d) Attendance in a program of post-secondary education not beyond the baccalaureate level and recognized by the department shall be considered participation in an education or training program, provided the adult is taking the number of credit hours needed to ensure graduation from either a four-year program within six years or a two-year program within three and one half years, and, provided further, the adult has maintained a grade-point-average of a least 2.0 in a scale of 4.0, or its equivalent. The state university, several state colleges, and several community colleges, are individually authorized and directed to enter interagency service agreements with the department to provide necessary child care services to those recipients of assistance under this chapter who are attending college as part of an education and training program as described in this section. Said interagency service agreements shall ensure that each institution of higher education shall provide, to the extent feasible, on-site child care at a level sufficient to ensure child care for those recipients attending the individual institutions, and shall further provide that facilities used for child care serve as employers under the TEMP program.

(e) If the adult fails to adhere to obligations concerning participation in TEMP, the department shall reduce the grant by the amount attributable to adult family members. Provided however, that the department has implemented and maintained the programs described in paragraph (b), clauses (ii) (iii).

Section 1B. (a) The department shall conduct a welfare-employment demonstration project, called "Families in Transition" (FIT) to test the effectiveness of measures designed to increase the percentage of families receiving aid under this chapter that obtain paid employment, obtain child support, and support themselves without cash assistance under this chapter.

(b) (1) The FIT demonstration shall be conducted at a minimum of two welfare service offices, including one office serving an area which is primarily urban. (2) All recipients of aid to families with dependent children at least one of the demonstration sites will be given the opportunity to participate in FIT and a control group will be identified from a comparable welfare service office. (3) Recipients of aid to families with dependent children at other demonstration sites will be given the opportunity to participate in FIT unless they have been assigned to a control group consisting of not more than twenty-five percent of the recipients of cash benefits under this chapter in that service office.

(c) Persons who participate in FIT shall be ineligible for cash aid to families with dependent children as long as they participate in FIT, but shall be eligible for the same Medicaid and child care services as recipients of cash benefits under this chapter.

(d) (1) The duration of the demonstration shall be not less than three nor more than five years. (2) No family shall be eligible for FIT benefits once the demonstration project ends, unless the FIT program is extended by subsequent legislation.

(e) The maximum FIT monthly cash benefits shall be ninety dollars less than the maximum aid to families with dependent children benefit for a family of the same size and living arrangement.

(f) (1) Gross earnings shall be counted against the maximum "FIT" cash benefit in determining the amount of such benefit, after deducting one dollar for every ten dollars in gross earnings up to the federal poverty level, and three dollars for every ten dollars in gross earnings above one percent of the federal poverty level but not above one hundred fifty percent of the federal poverty level. (2) No other deductions from earnings shall be permitted for FIT participants.

(g) FIT participants shall be permitted to own one non-luxury vehicle as defined by department regulations and to accrue assets up to four thousand dollars.

(h) The first one hundred fifty dollars in current child support per month paid on behalf of children of FIT participants shall be passed through to the family and shall not be counted in determining eligibility for FIT benefits.

(i) The department of revenue shall give priority to requests for child support enforcement services from FIT participants.

(j) The noncustodial parents of children of FIT participants shall be eligible for education and job training through the MassJOBS program operated by the department.

(k) FIT participants who are employed, who have in their care a dependent child, who lose their eligibility for cash FIT benefits because of earnings from employment, and who received benefits under this chapter in at least three of the six months preceding the month of cash benefits termination shall be eligible for subsidized child care provided that they meet the financial eligibility criteria for such subsidized care and contribute to the cost of such care is accordance with the sliding scale formula established by the department for transitional child care for former recipients of aid to families with dependent children.

(l) FIT participants who are employed, who have in their care a dependent child, who lose eligibility for cash FIT benefits under this chapter in at least three of the six months preceding the month of cash benefits termination shall be eligible for four six-month extensions of medicaid benefits in addition to those provided former recipients of aid to families with dependent children, provided that the family received medicaid during the six-month period preceding the extension and provided that the family meets the financial requirements and complies with reporting requirements set forth in department regulations for extended Medicaid for former recipients of aid to families with dependent children.

(m) FIT participants shall be permanently disqualified from FIT benefits if any family member intentionally commits fraud while in the FIT program as determined by any process permitted for intentional program violations in the food stamp program.

(n) Except as otherwise provided in this section, FIT participants shall be subject to all rules governing recipients of benefits under this chapter.

SECTION 152. Section 2 of chapter 118 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the words "resides in the commonwealth" and inserting in place thereof the following words:- has resided in the commonwealth for at least ninety consecutive days immediately prior to the making of an application for aid under this chapter.

SECTION 153. Section 3 of said chapter 118, as so appearing, is hereby amended by inserting after the word "to", in line 25, the following words:- thirty days after.

SECTION 154. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out, in lines 36 and 37 the words "attending high school or is of high school age" and inserting in place thereof the following words:- at least six years of age.

SECTION 155. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out, in line 52, the words "high school" and inserting in place thereof the following words:- six years of.

SECTION 156. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out the last sentence."

SECTION 157. Chapter 118F of the General Laws is hereby amended by inserting after section 17A the following section:-

Section 17B. There is hereby established a managed care program of uninsured primary and preventative health care services for the benefit of dependent and adopted youths from age six through age twelve. Said program shall be administered by the department which shall have authority to promulgate regulations for the implementation of the requirements established by this section. Said program shall be funded by appropriations from the health protection fund established pursuant to section two T of chapter twenty-nine.

Health care services made available under said program shall include the following:-

(1) Preventative pediatric care in a participating doctor's office, community health center, health maintenance organization or school-based clinic, including not less than one well-child visit a year, immunizations, tuberculin testing, hematocrit, hemoglobin and other appropriate blood testing, urinalysis, and routine tests to screen for lead poisoning; provided, that services provided by a participating independent laboratory for diagnostic laboratory tests shall be reimbursed by said program;

(2) Unlimited sick visits in a participating doctor's office, community health center, health maintenance organization, school-based clinic or a patient's home;

(3) Emergency care in the outpatient department or emergency room of a participating hospital of up to one thousand dollars per year, including related laboratory and diagnostic radiology services and the professional radiological component for the prompt treatment of an accidental injury, including fractures, dislocations and burns, or a medical emergency;

(4) First-aid treatment and follow up care, including the changing or removal of casts, burn dressings or sutures, in a participating doctor's office, community health center, health maintenance organization or school-based clinic;

(5) Outpatient surgery and anesthesia for inguinal hernia and ear tubes, but not including the professional component for related radiology or pathology services;

(6) Medically necessary outpatient mental health services not to exceed twenty-six visits per year;

(7) Prescription drugs up to one hundred dollars per year, provided that program enrollees shall be charged a copayment of three dollars for each interchangeable drug prescription and four dollars for each brand-name drug prescription, except as provided herein;

(8) Mandatory enrollment of program enrollees in a smoking education program certified for participation by the department in consultation with the department of public health.

Said program shall include cost containment measures to ensure that only medically necessary services are rendered to program enrollees. Said program shall incorporate eligibility standards according to the following schedule: persons with gross family incomes up to one hundred and thirty-three percent of the federal poverty level, inclusive, shall not be responsible for any program costs; persons with gross family incomes exceeding one hundred and thirty-three percent level through two hundred percent of the federal poverty level, inclusive, shall be responsible for copayments; persons with gross family incomes exceeding two hundred percent through four hundred percent of the federal poverty level, inclusive, shall be responsible for the first forty percent of premium costs; and persons with gross family incomes exceeding four hundred percent of the poverty level shall be responsible for the full premium cost of said program. Copayments established for said program shall be based on a sliding scale established by the department. Premiums, sliding fees or other revenues generated by said program shall be deposited in the General Fund and made available to said program subject to appropriation.

The department shall promulgate regulations necessary to implement the requirements of this section in consultation with the department of public health and the division of medical administration within the executive office of health and human services. The department shall further cooperate with the said division to maximize federal reimbursements made on behalf of enrollees in said program, including federal financial participation made available under Title XIX of the Social Security Act.

SECTION 158. Section 55 of chapter 119 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "child", in line 9, the second time it appears, the following words:- and why it is not in such child's best interest that he be removed from his home and whether reasonable efforts were made to prevent or eliminate the need for removal from his home.

SECTION 159. Section 58 of said chapter 119, as so appearing, is hereby amended by adding the following paragraph:-

Whenever a court of competent jurisdiction adjudicates a child as delinquent and commits the child to the department of youth services, the court, in order to comply with the requirements contained in the federal Adoption Assistance and Child Welfare Act of 1980 and any amendments thereto, shall receive evidence in order to determine whether continuation of the child in his home is contrary to his best interest, and whether reasonable efforts were made prior to the commitment of the child to the department, to prevent or eliminate the need for removal from his home; or whether an emergency situation existed making such efforts impossible. No such determination shall be made unless the parent or guardian of the delinquent shall have been summoned before the court and, if present, given an opportunity to be heard. The court, in its discretion, may make its determinations concerning said best interest and reasonable efforts in written form, but in the absence of a written determination to the contrary, it shall be presumed that the court did find that continuation of the child in his home was contrary to his best interest and that reasonable efforts to prevent or eliminate the need for removal of the child from his home did occur. Nothing in this section shall diminish the department's responsibility to prevent delinquent acts and to protect the public safety.

SECTION 160. Section 84 of said chapter 119, as so appearing, is hereby amended by inserting after the word "welfare", in line 26, the following words:- and best interest,- and by inserting after the word "training", in line 27, the following words:- , and said court also finds that reasonable efforts were made to prevent or eliminate the need for the defendant's removal from his home or that an emergency situation made such efforts impossible.

SECTION 161. Section 5 of chapter 120 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(e) Within eighteen months of the original commitment of a child to the department by a court of competent jurisdiction, and periodically thereafter, the committing court shall reconvene upon petition of the department, in accordance with rules established by the chief administrative judge of the trial court, to determine the future status of the child as to whether or not it is in the child's best interests to be returned to his home. All such determinations shall indicate whether, after the departmental placement of the child, reasonable efforts were made to make it possible for the child to return to his home.

SECTION 162. Section 39 of chapter 121B of the General Laws, as so appearing, is hereby amended by inserting in line 6 after the word "chapter" the following words:- provided, however, that the secretary of communities and development shall issue regulations requiring that in any state-funded project which contains units for both elderly persons of low income and handicapped persons of low income, the number of units occupied by non-elderly persons shall not exceed ten percent of the total number of units; provided, further, that the secretary shall develop and implement said regulations in a manner consistent with relevant federal laws.

SECTION 163. Section 10 of chapter 132B of the General Laws, as so appearing, is hereby amended by inserting after the word "applicator", in line 12, the following words:- provided, however, that the department shall require that all persons who are applicators of pesticides in public and private places used for human occupation and habitation, except residential properties with three or less dwelling units, shall be so licensed or certified with such special designation.

SECTION 164. Section 84 of chapter 146 of the General Laws is hereby amended by adding the following paragraph:-

For the enforcement of the provisions of this section, members of the bureau may enter places of employment, make investigations and have access to all records pertaining to, or necessary for ascertaining, the license-status of master pipefitters, and those engaged to work as journeymen or apprentice pipefitters, refrigeration technicians, fire protection sprinkler system contractors or as sprinkler fitters.

SECTION 165. Section 148B of said chapter 149, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 1, the word "section" and inserting in place thereof the following word:- chapter.

SECTION 166. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out the definitions of "Assistant commissioner" and "Associate commissioners."

SECTION 167. Said section 1 of said chapter 149, as so appearing, is hereby further amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:-

"Commissioner", the commissioner of labor and industries who shall be the secretary of labor appointed pursuant to chapter six A.

SECTION 168. Said chapter 149 is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. The commissioner may appoint committees, on which employees and employers shall be represented, to make investigations and recommend rules and regulations pertaining to the enforcement duties of the department.

SECTION 169. Section 8 of said chapter 149, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Such rules and regulations shall, subject to section thirty-seven of chapter thirty, take effect thirty days after such hearing, or at such later time as the commissioner may fix.

SECTION 170. Section 9 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2, 5 and 9, the words "associate commissioners" and inserting in place thereof, in each instance, the following word:- commissioner.

SECTION 171. Section 15 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "With the approval of the associate commissioners and the assistant commissioner, the" and inserting in place thereof the following:- The.

SECTION 172. Section 17 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "the assistant commissioner and the associate commissioners".

SECTION 173. Section 27 of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:-

When an investigation by the attorney general's office reveals that a contractor or subcontractor has violated this section by failing to pay said rate or rates of wages, including payments to health and welfare funds and pension funds, or the equivalent payment in wages, on said works to any person performing work within classifications as determined by the commissioner, or that a contractor or subcontractor has, for himself, or as representative, agent or officer of another, taken or received for his own use or the use of any other person, as a rebate, refund or gratuity, or in any other guise, any portion of the wages, including payments to health and welfare funds and pension funds, or the equivalent payment in wages, paid to any such person for work done or service rendered on said public works, the attorney general may, upon written notice to the contractor or subcontractor and the sureties of the contractor or subcontractor, and after a hearing thereon, order work halted on the part of the contract on which such wage violations occurred, until the defaulting contractor or subcontractor has filed with the attorney general's office a bond in the amount of such penal sum as the attorney general shall determine, conditioned upon payment of said rate or rates of wages, including payments to health and welfare funds and pension funds, or the equivalent payment in wages, on said works to any person performing work within classifications as determined by the commissioner.

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees.

SECTION 174. The first paragraph of section 27B of said chapter 149, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- Every contractor and subcontractor required to keep such a record shall submit a copy of said record to the awarding authority on a weekly basis.

SECTION 175. Section 27C of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "the four preceding sections" and inserting in place thereof the following words:- sections twenty-six, twenty-seven, twenty-seven A, twenty-seven B, twenty-seven F, twenty-seven G and twenty-seven H.

SECTION 176. Said section 27C of said chapter 149, as so appearing, is hereby further amended by striking out in lines 11, 17 and 18, 25 and 29, the words "or twenty-seven B" and inserting in place thereof, in each instance, the following words:- , twenty-seven B, twenty-seven F, twenty-seven G or twenty-seven H.

SECTION 177. Section 27F of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees.

SECTION 178. Section 27G of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees.

SECTION 179. Section 27H of said chapter 149, as so appearing, is hereby amended by adding the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees.

SECTION 180. Said chapter 149 is hereby amended by striking out section 54, as so appearing, and inserting in place thereof the following section:-

Section 54. The department shall investigate core rooms where workers are employed, and shall make rules regulating the employment of workers therein. The rules shall relate to the structure and location of the rooms, the emission of gases and fumes from ovens, and the size and weight which the workers shall be allowed to lift or work on. A copy of the rules shall be posted in every core room where workers are employed. Whoever violates any such rule shall be punished by a fine or not less than one hundred nor more than three thousand dollars.

SECTION 181. Section 148 of said chapter 149, as so appearing, is hereby amended by striking out the fourth paragraph.

SECTION 182. Section 150 of said chapter 149, as appearing in the 1990 Official Edition, is hereby amended by adding the following paragraph:-

Any employee claiming to be aggrieved by a violation of section one hundred and forty-eight, one hundred and forty-eight B, one hundred and fifty C, one hundred and fifty-two and one hundred and fifty-two A may, at the expiration of ninety days after the filing of a complaint with the attorney general, or sooner, if the attorney general assents in writing, and within three years of such violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. An employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorney fees.

SECTION 183. Section 1B of chapter 151 of the General Laws, as so appearing, is hereby amended by inserting after the word "action", in line 11, the following words:- three times.

SECTION 184. Section 2 of said chapter 151, as so appearing, is hereby amended by striking out, in line 4, the words ", and assistant commissioner".

SECTION 185. Section 20 of said chapter 151, as so appearing, is hereby further amended by inserting after the word "action", in line 6, the following words:- three times.

SECTION 186. Section 25 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in lines 103 to 106, inclusive, the words ", or to a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee's incompetence."

SECTION 187. Chapter 151A of the General Laws is hereby amended by inserting after section 64 the following section:-

Section 64A. The commissioner shall on or before July first of each year provide to the chairman of the board of assessors in each city and town a list of all employers located in the city and town that qualified for an exemption pursuant to section five I of chapter fifty-nine during the previous year. This list shall be confidential and shall be used only by the assessors or employees designated by the assessors for the purpose of determining eligibility for property tax exemptions pursuant to said section five I of said chapter fifty-nine. Any other use of this list or information contained therein or disclosure of the names of employers on said list to persons other than assessors or designated employees shall be punishable by a fine of one hundred dollars.

SECTION 188. Paragraph (k) of subsection (1) of section 36 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out the second sentence.

SECTION 189. Section 13 of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Motor vehicles owned by the commonwealth or any of its political subdivisions and motor vehicles engaged in the transportation of non-hazardous waste materials shall be subject to section eighteen, but shall be exempt from all other provisions of this chapter.

SECTION 190. Section 18 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "and" and inserting in place thereof the following words:- except as hereinafter provided, and.

SECTION 191. Said section 18 of said chapter 161A, as so appearing, is hereby further amended by adding the following paragraph:-

Real property of the authority, other than its transit facilities, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate.

SECTION 192. Section 19J of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 11 to 17, inclusive, the words "; provided, however, that nothing in this section shall preclude the parties to a collective bargaining agreement under this chapter which provides that such employees shall pay a percent share of such premium cost or rate which is higher than the rate established in section eight of chapter thirty-two A; provided, further, that no employee's health insurance contributions shall be reduced by this section".

SECTION 193. Section 13 of chapter 161B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "assessments", in line 3, the following words:- except as hereinafter provided.

SECTION 194. Said section 13 of said chapter 161B, as so appearing, is hereby further amended by adding the following paragraph:-

Real property of the authority, other than its transit facilities, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate.

SECTION 195. Chapter 165 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after section 2A the following new section:-

Section 2B. All municipalities or water districts shall institute water charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and consumption of high volume users of water.

SECTION 196. Sections sixty-seven and one hundred and ninety-six shall take effect on July first, nineteen hundred and ninety-four.

SECTION 197. Section 2 of chapter 166A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The commission is authorized to make an assessment for each fiscal year against each licensee under this chapter with operating revenues exceeding one million dollars based upon the operating revenues of each licensee derived from sales within the commonwealth of such community antenna television service as shown in the most recent annual report to the commission of each said licensee. Said assessment shall be determined and certified by the commission so as to produce not more than five hundred and twenty thousand dollars in revenue for each fiscal year to be allocated among such licensees in the proportion that each licensee's share of such operating revenues bears to the total of all such licensees in the commonwealth during the previous calendar year. The funds produced by such assessment shall be allocated to the administrative, operational, equipment and personnel expenses of the commission, subject to appropriation.

SECTION 198. Section 38 of chapter 167 of the General Laws, as so appearing, is hereby amended by striking out, in lines 103 and 106 the word "fifteen" and inserting in place thereof, in each instance, the following word:- twenty-five.

SECTION 199. Section 2 of chapter 167A of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 43, the word "fifteen" and inserting in place thereof, in each instance, the following word:- twenty-five.

SECTION 200. Section 108 of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following subdivision:-

10. To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

SECTION 201. Section one hundred and eight F of said chapter one hundred and seventy-five is hereby repealed.

SECTION 202. Section 10A of chapter 175A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 19, the word "commissioner" and inserting in place thereof the following word:- secretary.

SECTION 203. Section 1A of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 204. Section 6 of said chapter 176A, as so appearing, is hereby amended by inserting after the word "Contracts", in line 1, the following words:- , except contracts providing supplemental coverage to medicare subject to the provisions of chapter one hundred and seventy six K,.

SECTION 205. Said section 6 of said chapter 176A, as so appearing, is hereby further amended by striking out the third paragraph.

SECTION 206. Section 8 of said chapter 176A, as so appearing, is hereby further amended by adding the following paragraph:-

(8) To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

SECTION 207. Section 10 of said chapter 176A, as so appearing, is hereby amended by striking out, in lines 33 and 34, the words "filed with and subject to prior approval by the commissioner as provided in section six" and inserting in place thereof the words:- subject to the provisions of chapter one hundred and seventy-six K.

SECTION 208. Section 4 of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph.

SECTION 209. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by striking out, in lines 86 and 87, the words "shall be subject to the provisions of this section requiring prior filing and prior approval of the commissioner" and inserting in place thereof the words:- shall be subject to the provisions of chapter one hundred and seventy-six K.

SECTION 210. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by adding the following paragraph:-

To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

SECTION 211. Section 6 of said chapter 176B, as so appearing, is hereby amended by adding the following paragraph:-

To the extent that this section is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

SECTION 212. Section 3A of chapter 176D of the General Laws, as so appearing, is hereby amended by inserting after the word "services", in line 20, the following:- ; (v) refusal to enter into a contract with a health care facility solely on the basis of the facility's governmental affiliation.

SECTION 213. Section 16 of chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

To the extent that this chapter is inconsistent with the provisions of chapter one hundred and seventy-six K, and any regulations promulgated thereunder, medicare supplement insurance plans as defined in said chapter one hundred and seventy-six K shall be subject to the provisions of said chapter one hundred and seventy-six K.

SECTION 214. Section eighteen of said chapter one hundred and seventy-six G is hereby repealed.

SECTION 215. The General Laws are hereby amended by inserting the after chapter 176J following chapter:- `tuc CHAPTER 176K. MEDICARE SUPPLEMENT INSURANCE PLANS.

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise:

"Actuarial opinion", a signed written statement by a member of the American Academy of Actuaries based upon the member's examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the carrier in establishing premium rates for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract.

"Carrier", an insurer licensed or otherwise authorized to transact accident and health insurance under chapter one hundred and seventy-five; a non-profit hospital service corporation organized under chapter one hundred and seventy-six A; a medical service corporation organized under chapter one hundred and seventy-six B; a health maintenance organization organized under chapter one hundred and seventy-six G; and any entity approved by the commissioner under chapter one hundred and seventy-six I to operate an insured health plan that includes a preferred provider arrangement which deliver or issue for delivery in the Commonwealth policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to risk or cost contracts."

"Commissioner", the commissioner of insurance.

"Community rating", a rating methodology in which the premium for all persons covered by a particular policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract is the same, based on the experience of all persons covered by the plan, without regard to age, sex, health status, or occupation, or any other factor which the commissioner may specify by regulation.

"Eligible person", any person who resides in the commonwealth for at least six consecutive months of each calendar year and who is eligible for or enrolled in Medicare coverage for both hospital and physician services due to age or disability, and who is not eligible for employer-sponsored health care coverage, other than a person eligible for Medicare coverage due solely to end-stage renal disease.

"Guaranteed renewable", a policy provision whereby the insured has the right to continue the policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract in force by the timely payment of premiums and the carrier has no unilateral right to make any change in any provision of the plan while the plan is in force, unless approved by the commissioner, and cannot cancel or decline to renew, except for the nonpayment of premium, or material misrepresentation.

"Initially eligible for coverage", the date when an eligible person first enrolled for benefits under Medicare Part B, lost employer-sponsored health coverage due to termination of employment or because of employer bankruptcy, moved out of the service area of a health maintenance organization or became a resident of the commonwealth.

"Insured", a subscriber, policyholder, member, enrollee or certificate holder.

"Late enrollee", an eligible person who has submitted an application for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract after the six month period beginning with the first month in which the individual first enrolled for benefits under Medicare part B, or lost employer-sponsored coverage due to termination of employment or because of employer bankruptcy, or became a resident of the commonwealth; provided, however, that an eligible person shall not be considered a late enrollee if the person was covered under a previous health plan and the previous coverage was continuous to a date not more than thirty days prior to the effective date of the new coverage.

"Medicare", Health Insurance for the Aged Act, Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended.

"Medicare select insurance", a type of health insurance issued by a carrier which is Medicare Supplement Insurance which contains restricted network provisions and is issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act.

"Medicare supplement insurance", a type of health insurance issued by a carrier, other than a policy issued pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.), or a policy issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act, which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare.

"OBRA 90", the federal Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) and as this act has been subsequently amended.

"Policy issued pursuant to a risk or cost contract", a policy issued by a health maintenance organization organized under chapter one hundred seventy-six G pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.).

"Participate in the market", to offer, sell, issue, deliver, or otherwise make effective, or renew, a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract.

"Policy", any policy, certificate, contract, agreement, statement of coverage, rider or endorsement issued by a carrier for medicare supplement insurance, medicare select insurance, or pursuant to a risk or cost contract.

"Preexisting conditions limitation or exclusion", a policy provision which limits or excludes coverage for charges or expenses incurred following the insured's effective date as to a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage.

"Waiting period", a period immediately subsequent to the effective date of an insured's coverage during which the insurance coverage does not pay for some or all hospital or medical expenses.

Section 2. (a) Notwithstanding the provisions of any other law to the contrary, and subject to the provisions of OBRA 90 and Section 1882 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.), any policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract offered, sold, issued, delivered, or otherwise made effective or renewed by a carrier in the commonwealth after July first, nineteen hundred and ninety-three shall comply with the provisions of this chapter.

(b) A carrier that participated in the market on or after a date set by the commissioner by regulation may not withdraw from the market until all insureds of such carrier have had the opportunity to join a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered by another carrier during the next annual open enrollment period or other enrollment period required in section three.

(c) A carrier that withdraws from the market on or after the effective date of this act may not participate in the market in the commonwealth for five years from the date of withdrawal, unless the commissioner finds that such re-entry shall be permitted earlier than said five years due to a compelling public interest.

Section 3. (a) No carrier participating in the market shall, at any time, deny or condition the issuance of any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract available for sale in the commonwealth, nor discriminate in the pricing of such a plan, to any eligible person because of the age, health status, claims experience, receipt of health care, medical condition of the eligible person, or any other factor which the commissioner may specify by regulation.

(b) No policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract may contain any waiting period or pre-existing condition limitation or exclusion.

(c) No carrier participating in the market shall deny or condition the issuance of any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract available for sale in the commonwealth, nor discriminate in the pricing of such a policy, to an eligible person when an application for such a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract is submitted during the six month period beginning at the time the eligible person became initially eligible for coverage.

(d) Every carrier that participates in the market shall offer a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract during an open enrollment period for eligible persons commencing on February first and ending on March thirty-first of each year, for coverage to be effective June first of that year or no later than Medicare coverage is first effective, whichever is later. Every carrier that participates in the market shall make available during the required open enrollment period to every eligible person all policies for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract which that carrier is authorized to issue pursuant to section four.

(e) A carrier may offer, sell, issue, deliver, or otherwise make effective or renew a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract to an eligible person at any other time of the year, provided said carrier complies with the requirements of this chapter.

(f) A health maintenance organization shall not be required to accept applications from or offer coverage to an eligible person if: (i) the eligible person does not reside in the health maintenance organization's approved service area; or, (ii) within said area, the health maintenance organization demonstrates to the satisfaction of the commissioner that it will not, within said area, have the capacity in its network of providers to deliver services adequately to new eligible persons because of obligations to existing enrollees; provided that a health maintenance organization that makes such a demonstration to the satisfaction of the commissioner may not offer coverage in such applicable area to any other new enrollees or groups until the later of ninety days after each such refusal or the date on which the carrier notifies the commissioner that it has regained capacity to deliver services to eligible persons for policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract coverage.

(g) Any carrier shall make available all its policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract to any eligible person of the commonwealth whose coverage under a policy issued pursuant to a risk or cost contract has been canceled because the health maintenance organization's contract with Medicare has been terminated. Such coverage shall comply with all provisions of this chapter, and shall become effective on the date that coverage under the risk or cost contract ends.

(h) The commissioner may by regulation waive provisions of this section for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract issued in the commonwealth prior to the effective date of OBRA 90, or such other date as the commissioner may specify by regulation in order to comply with the provisions of OBRA 90 or for any other compelling interest which the commissioner finds does not significantly affect the market for such policies or contracts in the commonwealth.

Section 4. (a) The commissioner shall, to the extent permitted by OBRA 90, promulgate by regulation the plans for medicare supplement insurance and medicare select insurance, and the benefits for those plans, which may be offered, sold, issued, or delivered, or renewed by a carrier on or after a date set by the commissioner by regulation.

(b) Any policy issued pursuant to a risk or cost contract shall comply with the requirements of chapter one hundred seventy-six G and any regulations promulgated thereunder, provided however, that each policy issued pursuant to a risk or cost contract shall provide prescription drug coverage that meets or exceeds minimum standards determined by the commissioner pursuant to regulation. The minimum prescription drug coverage required in any policy issued pursuant to a risk or cost contract shall be comparable to that required in plans for medicare supplement insurance and medicare select insurance.

On or after a date established by the commissioner by regulation pursuant to this chapter, no carrier may offer, sell, issue, or deliver any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract unless it complies with the benefit designs set forth in the commissioner's regulations. The provisions of this section shall also apply to all policies for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract renewed by any carrier during and after the first calendar quarter of nineteen hundred and ninety-four. Except as authorized by this chapter, as of the end of the first calendar quarter of nineteen hundred and ninety-four, all policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract in force in the commonwealth shall comply with the requirements of this chapter. The commissioner shall promulgate regulations to implement and enforce this section.

Section 5. Any eligible person who applies on or after a date set by the commissioner pursuant to regulation for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract from any carrier participating in the market in the commonwealth, during the six month period beginning at the time the person became initially eligible for coverage shall have the right to any of the policies for medicare supplement insurance or medicare select insurance authorized in the commissioner's regulations from any carrier that provides policies issued pursuant to a risk or cost contract and shall have the right to the policy issued pursuant to a risk or cost contract authorized in the commissioner's regulations from any carrier that provides a policy issued pursuant to a risk or cost contract. The commissioner may require every carrier that participates in the market for medicare supplement insurance to offer more than a single type of benefit plan to an eligible person.

Notwithstanding any provision of this chapter concerning guaranteed renewability, the commissioner may by regulation establish a process for the conversion of every carrier's business in force as of a date established in such regulations into the policy for medicare supplement insurance or medicare select insurance authorized by section four. The commissioner may by regulation require that this conversion process be completed by the end of the first calendar quarter of nineteen hundred and ninety-four and implemented through a required special open enrollment period prior to nineteen hundred and ninety-four, during which period eligible persons may enroll without a surcharge for late enrollment and upgrading.

Every policy for medicare supplement insurance or medicare select insurance or policy issued pursuant to a risk or cost contract authorized to be offered, sold, issued, delivered, or otherwise made effective, or renewed on or after a date established by the commissioner pursuant to this chapter shall be a guaranteed renewable plan with respect to an eligible person at the option of the eligible person. A carrier that participated in the market may, however, in its discretion and to the extent permitted by OBRA 90, refuse to offer, sell, issue, deliver, or otherwise make effective, or renew a medicare supplement insurance policy, medicare select insurance policy, or a policy issued pursuant to a risk or cost contract, or upon reasonable notice, cancel such a plan of any person due to non-payment of premium or material misrepresentation, or because the person does not live in or has moved out of the health maintenance organization service area, or has not resided in the commonwealth for the past six months, or for any other cause which may be approved by the commissioner.

Section 6. A carrier shall not participate in the market unless the policy form or certificate form has been filed with and approved by the commissioner.

Section 7. (a) Any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered, sold, issued, delivered, or otherwise made effective, or renewed, on or after a date established by the commissioner, by any carrier in the commonwealth shall be community rated.

(b) The commissioner may by regulation permit a carrier whose approved service area includes several different geographical regions of the commonwealth to use separate rates for different portions of its service area, provided the carrier's proposed regions do not contain configurations designed to avoid or segregate particular areas.

(c) As of February first, nineteen hundred and ninety-four, a carrier may apply a surcharge to the premium for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract to an eligible person who upgrades coverage or is a late enrollee and may discount the premium for a policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract for an person who has enrolled during the six month period beginning at the time the person became initially eligible for coverage. For purposes of this section, an eligible person "upgrades coverage" if the policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract under which the eligible person is covered at the time of application for new coverage is of lesser actuarial value than the new coverage, as determined in accordance with standards promulgated by the commissioner. Any surcharge applied to the premium of an eligible person who upgrades coverage or is a late enrollee may not exceed fifteen percent annually, and may not be charged for more than three years from the date it is first imposed by the carrier. Any discount applied to the premium of an eligible person who has enrolled during the six month period beginning at the time the person became initially eligible for coverage may not exceed fifteen percent and may not be applied for more than three years from the date such person first receives coverage under this chapter. The commissioner may promulgate regulations to enforce the provisions of this paragraph.

(d) After a date established by the commissioner pursuant to regulation and subject to the provisions of subsection (g), every carrier desiring to increase or decrease premiums for any policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract, or desiring to set the initial premium for a new policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract shall file a rate filing or application with the commissioner at least thirty days before the proposed effective date of such new rates. The commissioner may disapprove the proposed rates if they are excessive, inadequate or unfairly discriminatory or do not otherwise comply with the requirements of this chapter.

Such filings shall be deemed to be approved by the commissioner not earlier than thirty days after the date of filing, provided that:

(i) the filing complies with the anticipated minimum loss ratio standards of subsection (e); and

(ii) the carrier submits, as part of such filing, an actuarial opinion and a legal opinion that the carrier is in compliance with the provisions of this chapter. The commissioner may by regulation specify such other information which shall be included in any such filing.

Such filing shall not be disapproved by the commissioner except after a hearing conducted pursuant to chapter thirty A within thirty days after such filing. Any increase in premium rates shall continue in effect for not less than twelve months, except that an increase in benefits or decrease in rates may be permitted at any time.

(e) The anticipated minimum loss ratio shall be:

(i) at least ninety-five percent of premium for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract issued by a non-profit hospital service corporation or medical service corporation for the policy year which immediately follows the effective date of this act;

(ii) at least ninety percent of premium for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract issued by a non-profit hospital service corporation or medical service corporation for subsequent policy years;

(iii) at least sixty-five percent of premium for policies for medicare supplement insurance or medicare select insurance issued by commercial insurers; and,

(iv) at least ninety percent of premium for policies issued pursuant to a risk or cost contract.

Each policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract offered by a carrier shall independently meet the applicable minimum loss ratio standard.

(f) A carrier shall annually report to the commissioner no later than May first, the actual loss ratio calculated for each policy for medicare supplement insurance or medicare select insurance or a policy issued pursuant to a risk or cost contract for the previous calendar year. In each case where the loss ratio for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract fails to comply with the minimum loss ratio requirements of this chapter, the carrier shall issue a refund or credit against future premiums to insureds. The instructions and format for calculating and reporting loss ratios and issuing dividends and credits shall be prescribed by the commissioner by regulation, and shall be consistent with the requirements of OBRA 90.

(g) If a carrier files for an increase in premium of ten percent or more than the premium previously charged, or if a carrier files an initial premium request that is ten percent or more than the average premium for the same policies for medicare supplement insurance or medicare select insurance or a policies issued pursuant to a risk or cost contract offered by carriers in the same class under subsection (e), such carrier's rate, in addition to being subject to all other provisions of this chapter, shall be subject to the prior approval of the commissioner as set forth in this subsection. Any requested premium increase in excess of ten percent for a medicare supplemental insurance plan shall be communicated to the insureds at least ninety days prior to the effective date of such increase, or as the commissioner may direct.

Such requested premium increase or initial premium request shall be filed no later than ninety days prior to the requested effective date of such rate. No such rate shall be effective until after a public hearing conducted by the commissioner, and advertised in newspapers in Boston, Brockton, Fall River, Pittsfield, Springfield, Worcester, New Bedford, and Lowell, or by notifying such newspapers of said hearing, and held within thirty days of the filing of such rate with the commissioner pursuant to subsection (d). The commissioner shall approve or disapprove such rate within thirty days following the conclusion of the public hearing, to be effective not earlier than thirty days subsequent to such approval. No such rate shall be approved if the benefits provided therein are unreasonable in relation to the rate charged, nor if the rates are excessive, inadequate or unfairly discriminatory or do not otherwise comply with the requirements of this chapter.

(h) Every carrier, as a condition of doing business under the authority of this chapter, shall file annually with the commissioner an actuarial opinion and legal opinion that certifies that the carrier's rating methodologies and rates comply with the requirements of this chapter and regulations promulgated under authority of this chapter. Every carrier shall maintain at its principal place of business for inspection by the commissioner a complete and detailed description of its rating practices and such other information as the commissioner may by regulation require.

(i) The supreme judicial court shall have jurisdiction in equity upon the petition of the commissioner and upon a summary hearing, to enforce all lawful orders of the commissioner.

Any subscriber, non-profit hospital service corporation, non-profit medical service corporation or other person aggrieved by any action, order, finding, or decision of the commissioner under this section may, within twenty days from the filing of such memorandum thereof in his office, file a petition in the supreme judicial court for the county of Suffolk for a review of such action, order, finding, or decision. An order of notice returnable not later than seven days from the filing of such petition shall forthwith issue and be served upon the commissioner. Within ten days after the return of said order of notice, the petition shall be assigned for a speedy and summary hearing on the merits. The action, order, finding, or decision of the commissioner shall remain in full force and effect, pending the final decision of the court unless the court or a justice thereof after notice to the commissioner shall by a special order otherwise direct. The court shall have jurisdiction in equity to modify, amend, annul, reverse or affirm such action, order, finding or decision and shall uphold the commissioner's action, order, finding, or decision if supported by the weight of evidence. The court may make any appropriate order or decree. The court may make such order as to costs as it deems equitable. The court shall make such rules or orders as it deem proper governing proceedings under this section to secure prompt and speedy hearings and to expedite final decisions thereon.

(j) The commissioner shall annually conduct a public hearing to monitor the overall condition of the commonwealth's market so as to improve access by individuals to coverage under this chapter, to encourage aggregation of risk pools through product selection and to promote long-term access by individuals to coverage through continued stability and financial viability of all carriers in the market, particularly commercial carriers.

The commissioner shall annually summarize all claims arising under this chapter experience and loss ratio data from all insurers covered by this chapter and submit such information to the committee on insurance. The commissioner shall also file with the committee on insurance any recommendations for legislation to improve the accessibility and affordability of coverage in the market.

(k) The commissioner may promulgate regulations to facilitate the administration and enforcement of this chapter and to govern hearings and investigations thereunder, and he may issue such orders as he finds proper, expedient or necessary to enforce and administer the provisions of this chapter and to secure compliance with any rules and regulations made thereunder.

Section 8. This chapter shall not apply to a policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, of the labor organizations.

SECTION 216. Subsection (a) of section 6B of chapter 200A of the General Laws, as so appearing, is hereby further amended by striking out, in lines 7 and 10, the word "five" and inserting in place thereof, in each instance, the word:- three.

SECTION 217. Chapter 209A of the General Laws, as so appearing, is hereby amended by adding the following section:-

Section 10. The court shall impose an assessment of three hundred dollars against any person who has been referred to a certified batterers' treatment program as a condition of probation. Said assessment shall be in addition to the cost of the treatment program. In the discretion of the court, said assessment may be reduced or waived when the court finds that the person is indigent or that payment of the assessment would cause the person, or the dependents of such person, severe financial hardship. Assessments made pursuant to this section shall be in addition to any other fines, assessments, or restitution imposed in any disposition. All funds collected by the court pursuant to this section shall be transmitted monthly to the state treasurer, who shall deposit said funds in the Domestic Violence Victims' Assistance Fund.

SECTION 218. Chapter 211 of the General Laws is hereby amended by adding the following two sections:-

Section 29. The supreme judicial court shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system, or MMARS, so-called.

Section 30. The supreme judicial court shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system, or MMARS, so-called.

SECTION 219. Chapter 211A of the General Laws is hereby amended by adding the following two sections:-

Section 18. The appeals court shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system or MMARS, so-called.

Section 19. The appeals court shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system, or MMARS, so-called.

SECTION 220. Chapter 211B of the General Laws is hereby amended by adding the following two sections:-

Section 21. The trial court of the commonwealth shall report monthly all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management accounting and reporting system or MMARS, so-called.

Section 22. The trial court of the commonwealth shall report all personnel information for those employees compensated from any budgetary, federal, or non-appropriated fund through the personnel administrative reporting and information system or MMARS, so-called.

SECTION 221. Section 12 of chapter 211D of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the third sentence the following two sentences:- Bills shall be submitted to the committee within thirty days of the conclusion of a case; or, if the case is pending at the end of the fiscal year, within thirty days after the end of said fiscal year, unless time for filing has been extended by the chief counsel. Bills submitted after said date without just cause shall not be processed for payment. The amount of payment for invoices received by the chief counsel more than thirty days after the final disposition of a case or within thirty days after the end of the fiscal year, which have not received an extension but have been approved because just cause has been shown for delay in submission, shall be reduced by five percent.

SECTION 222. Chapter 217 of the General Laws is hereby amended by inserting after section 29B the following section:-

Section 29C. The first justice of the Barnstable probate court may, with the approval of the chief justice of the probate court, designate one employee as deputy assistant register with the same powers as assistant register and may revoke any such designation at pleasure. Said deputy assistant register shall receive a salary of six thousand dollars.

SECTION 223. Said chapter 217 is hereby further amended by inserting after section 29C the following section:-

Section 29D. The first justice of the Berkshire probate court may, with the approval of the chief justice of the probate court, designate one employee as deputy assistant register with the same powers as assistant register and may revoke any such designation at pleasure. Said deputy assistant register shall receive a salary of six thousand dollars.

SECTION 224. Section 6C of chapter 231 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "action", in line 8, the words:- , provided, however, that in all actions based on contractual obligations, upon a verdict, finding or order for judgment against the commonwealth for pecuniary damages, interest shall be added by the clerk of the court to the amount of damages, at the contract rate, if established, or at a rate calculated pursuant to the provisions of section six I from the date of the breach or demand. If the date of the breach or demand is not established, such interest shall be added by the clerk of the court from the date of the commencement of the action.

SECTION 225. Said chapter 231 is hereby further amended by inserting after section 6H the following section:-

Section 6I. Interest required to be paid by the commonwealth pursuant to this section shall be calculated at a rate equal to the coupon issue yield equivalent, as determined by the United States secretary of the treasury, of the average accepted auction price for the last auction of fifty-two-week United States treasury bills settled immediately prior to the date of the judgment; provided, however, that such interest shall not exceed the rate of ten percent per annum. The secretary of administration and finance shall maintain a schedule of the rate described above for the distribution to all clerks of courts.

SECTION 226. Paragraph 4 of section 4 of chapter 234A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the third sentence the following three sentences:-

If, according to the aforementioned guideline, a person shall be permanently incapable of rendering satisfactory jury service during the person's lifetime, the person claiming such permanent disqualification shall submit a letter from a registered physician stating the nature of the disability and the physician's opinion that such disability will permanently prevent the person from rendering satisfactory jury service. If the jury commissioner determines that the person is permanently disabled, then the person shall be considered permanently ineligible for jury service, and the person's name and physician's letter shall be placed on record with the office of jury commissioner. The jury commissioner shall make a decision on such matter promptly upon receipt of the aforementioned letter.

SECTION 227. Section 1 of chapter 258 of the General Laws, as so appearing, is hereby amended by inserting after the word "commission", in line 52, the following words:- including a municipal gas or electric plant, department, board and commission,.

SECTION 228. Section 6 of chapter 258B of the General Laws is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. Each district attorney shall submit annually on January fifteenth to the board, the secretary of administration and finance and the house and senate committees on ways and means, a program plan to be implemented within the district attorney's jurisdiction. The program plan shall include, but not be limited to: a description of the services to be provided to victims and witnesses in each judicial district within the district attorney's jurisdiction; the personnel or agencies responsible for providing individual services and related administrative programs; proposed staffing for the program; proposed education, training and experience requirements for program staff and, where appropriate, the staff of agencies providing individual services and related administrative services; and a proposed budget for implementing the program. The district attorney shall include in the annual program plan a detailed report on the operation of the program during the preceding year as well as a detailed report of deposits and expenditures of all funds made available to said district attorney for the preceding fiscal year and the current fiscal year through December thirty-first pursuant to section nine.

SECTION 229. Section 13 of chapter 354 of the acts of 1952 is hereby amended by adding the following paragraph:-

Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate.

SECTION 230. The first sentence of section 17 of chapter 465 of the acts of 1956, as amended by section 2 of chapter 332 of the acts of 1978, is hereby further amended by striking out, in lines 14 to 23, inclusive, the words "shall be taxed to a lessee thereof under section three A of chapter fifty-nine of the General Laws; provided, however, that anything herein to the contrary notwithstanding, lands of the Authority, except lands acquired by the commonwealth under the provisions of chapter seven hundred and five of the acts of nineteen hundred and fifty-one situated in that part of the city called South Boston and constituting part of the Commonwealth Flats, and land acquired by the Authority which were subject to taxation on the assessment date next preceding the acquisition thereof," and inserting in place thereof the words:- used for air transportation purposes shall be taxed to a lessee thereof under section three A of chapter fifty-nine of the General Laws, provided, that anything herein to the contrary notwithstanding, lands of the Authority.

SECTION 231. Said first paragraph of said section 17 of said chapter 465 is hereby further amended by striking out the second sentence, inserted by section 6 of chapter 719 of the acts of 1967.

SECTION 232. Section 6 of chapter 701 of the acts of 1960 is hereby amended by adding the following paragraph:-

Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit shall, at the discretion of the municipality, for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first, to the lessee, user or occupant in the same manner and to the same extent as if said lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien on the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate but the interest of any lessee therein may be sold or taken by the collector of the municipality in which the real estate lies for the non-payment of such taxes in the manner provided by law for the sale or taking of real estate of non-payment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate.

SECTION 233. Chapter 712 of the acts of 1963 is hereby amended by striking out section 6, as most recently amended by chapter 280 of the acts of 1980, and inserting in place thereof the following two sections:-

Section 6. The corporation shall not be subject to the provisions of chapter sixty-three of the General Laws, nor to any taxes based upon or measured by income. The securities and evidences of indebtedness issued by the corporation, and income therefrom, shall at all times be free from taxation by the commonwealth. Real property owned by the corporation shall not be subject to taxation by the city or town in which it is located until forty years from the date of its acquisition or until such property is leased, rented or otherwise disposed of, whichever is first.

Section 6A. The provisions of section six of said chapter seven hundred twelve of the acts of nineteen hundred and sixty-three shall take effect as of January first, nineteen hundred and ninety-three.

SECTION 234. Chapter eight hundred and seventy-two of the acts of nineteen hundred and seventy-one is hereby repealed.

SECTION 235. After the effective date of section one hundred and seventy-one A of this act, any funds remaining in the reserve for unpaid real estate and personal property taxes, established pursuant to section three of chapter 872 of the acts of 1971, shall be distributed as set forth in this section.

Commencing with fiscal year nineteen hundred and ninety-four, the city of Somerville may use funds remaining in said reserve for unpaid real estate and personal property taxes to fund its overlay account; provided, however, that such funding shall not exceed one and one-half million dollars per year. The amount of funds to be used from said reserve in a given year shall be determined by the Somerville board of assessors in consultation with the department of revenue. If the overlay account requires funding beyond the amount used from the reserve, the balance shall be funded in the manner set forth in the General Laws.

Upon the complete depletion of funds in said reserve for unpaid real estate and personal property taxes, said fund shall be stricken from the books of the city in accordance with ordinary accounting procedures.

SECTION 236. Section one hundred and seventy-one A shall take effect on June thirtieth, nineteen hundred and ninety three.

SECTION 237. Section 4 of chapter 212 of the acts of 1975, is hereby amended by striking out clause (j), as most recently amended by section 24 of chapter 19 of the acts of 1993, and inserting in place thereof the following clause:-

(j) borrow money by the issuance of its debt obligations as provided in section eight E of this act.

SECTION 238. Clause 5 of paragraph (b) of section 8C of said chapter 212 as appearing in section 27 of chapter 19 of the acts of 1993, is hereby amended by striking out in lines 9 and 10, the words "and for which other monies of the bank are not available".

SECTION 239. Said chapter 212 is hereby further amended by inserting after section 8D the following section:-

Section 8E. The bank may provide by resolution for the issuance from time to time of debt obligations of the bank for any of its corporate purposes, provided, however, that the bank shall not issue debt obligations the principal amount of which, when added to the principal amount of debt obligations issued by the bank and then outstanding, excluding debt obligations previously refunded or being or to be refunded thereby, shall exceed forty million dollars. All such debt obligations shall be negotiable for all purposes without regard to any other law, subject only to the provisions of any such debt obligations for registration. Debt obligations issued hereunder may be secured by the full faith and credit of the bank, by a pledge of any revenues, receipts or other assets or funds of the bank, by mortgages or other instruments covering all or any part of any and all real property of the bank, including any additions, improvements, extensions to or enlargements of any real property thereafter made, or by any one or more of the foregoing, all as may be determined by the bank. Debt obligations may be dated, may bear interest at such rate or rates, including rates variable from time to time, may be payable in any domestic or foreign currency and at any domestic or foreign location and may mature or otherwise be payable at such time or times as may be provided for by the bank, and may be made redeemable or determinable prior to maturity at the option of the bank or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the bank. The bank shall determine the form of debt obligations and the manner of execution, denomination or denominations and place or places of payment thereof. In case any officer whose signature or a facsimile of whose signature shall appear on any debt obligations shall cease to be such officer before the delivery thereof, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until after such delivery. The bank may provide for the authentication of debt obligations by a trustee, fiscal agent, registrar or transfer agent. The bank may by resolution delegate to the executive director or any member or members of the board of directors of the bank, or any combination of them, the power to determine any of the matters set forth in this section. In the discretion of the bank, debt obligations of the bank may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The bank may sell its debt obligations in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at discount in lieu of interest, as it determines will best effectuate its corporate purposes.

In the discretion of the bank, any debt obligations issued hereunder may be secured by a resolution of the bank or by a trust agreement between the bank and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth, and any such trust agreement shall be in such form and executed in such manner as may be determined by the bank. Such trust agreement or resolution may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the bank and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the bank, and the proceeds thereof. Such trust agreement or resolutions may contain such provisions for protecting and enforcing the rights, security and remedies of holders of debt obligations as may be reasonable and proper, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on individual right of action by holders of debt obligations and covenants setting forth duties of limitations on the bank in relation to the conduct of its programs and the management of its property, the custody, safeguarding, investment and application of moneys, the issuance of additional or refunding debt obligations, the establishment of reserves and the making and amending of contracts. In addition to other security provided herein or otherwise by law, debt obligations issued by the bank may be secured, in whole or in part, by financial guaranties, by insurance or by letters of credit issued to the bank or a trustee or any other person, by any bank, trust company, insurance or surety company or other financial institution, within or without the commonwealth, and the bank may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the bank and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the bank, and the proceeds thereof, as security for such guaranties or insurance or for the reimbursement by the bank to the issuer of any such letter of credit of any payment made under such letter of credit.

It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of debt obligations, revenues or other moneys under any such trust agreement or resolution and to furnish such indemnification or to pledge such securities and issue such letters of credit as may be required by the bank. Any such trust agreement or resolution may set forth the rights and remedies of holders of debt obligations and of the trustee and may restrict the individual right of action by holders of debt obligations. Any pledge of revenues or other property made by the bank under the provisions of this act, including without limitation any pledge by the bank of its rights to receive payments of any kind from or for the account of mortgagors under mortgages, participations therein or subsidy, guaranty, insurance or other contracts relating thereto, and of its revenues and other property, and of the mortgages, notes, such participations, such subsidy, guaranty, insurance or other contracts or other collateral, and of the proceeds of any or all thereof, shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code and other laws from the time when such pledge is made. The revenues, moneys, property, rights and proceeds so pledged and then held or thereafter acquired or received by the bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the bank, regardless of whether such parties have notice thereof. Neither the resolution, any trust agreement nor any other agreement by which a pledge is created need be filed or recorded except in the records of the bank, and no filing need be made under chapter one hundred and six or any other law.

Any holder of a debt obligation issued by the bank under the provisions of this act and any trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by such trust agreement or resolution, may bring suit upon the debt obligations and may, either at law or in equity, by suit, action, mandamus or other proceeding for legal or equitable relief, including proceedings for the appointment of a receiver to take possession and control of the business and properties of the bank, to operate and maintain the same, to make any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect fees and charges, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such trust agreement, resolution or other agreement and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the bank or by any officer thereof.

Debt obligations issued by the bank under this act are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such debt obligations are hereby made securities which may properly and legally be deposited with and received by any commonwealth or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or obligations of the commonwealth is now or may hereafter be authorized by law.

Debt obligations issued by the bank under the provisions of this act shall not be deemed to be a debt or a pledge of the faith and credit of the commonwealth, except to the extent provided pursuant to the provisions of section eight B of this act, but, except as aforesaid, shall be payable solely from the funds of the bank from which they are made payable pursuant to the provisions of this act.

All debt obligations issued by the bank under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the commonwealth and by the cities, towns and other political subdivisions in the commonwealth.

SECTION 240. Section 19 of said chapter 212 is hereby amended by striking out the words "nineteen hundred and ninety-eight", inserted by section 576 of chapter 133 of the acts of 1992, and inserting in place thereof the following words:- two thousand and four.

SECTION 241. Section 36 of chapter 190 of the acts of 1982, as most recently amended by section 8 of chapter 629 of the acts of 1982, is hereby amended by inserting after the first sentence the following sentences:- Real property of the authority, if leased, used or occupied in connection with a business conducted for profit, except any business conducting a temporary trade show, exhibition or similar event, shall at the discretion of the municipality, for the privilege of such lease, use, or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate.

SECTION 242. Section 9 of chapter 372 of the acts of 1984 is hereby amended by adding the following paragraph:-

Real property of the authority, if leased, used, or occupied in connection with a business conducted for profit, shall at the discretion of the municipality, for the privilege of such lease, use, or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in full. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by chapter sixty of the General Laws for the collection of annual taxes upon real estate.

SECTION 243. Said chapter 372 is hereby further amended by inserting after section 9 the following section:-

Section 9A. Any city or town using estimated bills for water or sewer services which receives payment in an amount in excess of the actual amount due to such city or town for costs actually incurred in the furnishing of water or sewer service shall place such excess monies in an account to be kept separate and apart from any other monies to be applied against the next bill of the user and such monies shall not be used for any other municipal purposes.

SECTION 244. Said chapter 372 is hereby further amended by inserting after section 10 the following section:-

Section 10A. No city or town in the sewer division of the Authority and no city or town in the water division of the Authority shall assess or charge any user at a rate greater than that charged to such city or town by the Authority, provided however, such city or town may include in such assessments and charges, costs actually incurred in the furnishing of sewer or water service.

SECTION 245. Chapter 223 of the acts of 1985 is hereby amended by striking section 13, as most recently amended by chapter 389 of the acts of 1991, and inserting in place thereof the following section:

Section 13. Sections one to twelve, inclusive, of this act shall expire on December thirty-first, nineteen hundred and ninety-nine.

SECTION 246. Chapter five hundred and eighty-five of the acts of nineteen hundred and eighty-six is hereby repealed.

SECTION 247. (i) It is hereby found and declared that certain activities undertaken from time to time by the Massachusetts Bay Transportation Authority, hereinafter referred to as "the authority", in order to construct, reconstruct, renovate, repair, remove, replace, or expand transportation facilities in the public interest, may provide opportunities to stabilize, develop, and revitalize the economy of the areas in which such activities are undertaken; that the stabilization, development, or revitalization of small businesses in such areas would improve the general health, safety, and welfare of such areas while also increasing the value and use of the public investment in the transportation facilities in such areas; that to achieve these benefits it may be necessary to stimulate private investment in such areas: that the stabilization, development, or revitalization of such areas may not be dealt with effectively by the ordinary operations of private enterprise without the aids provided herein; that without such aids the construction or other activities may have a significantly harmful impact on the economic stability and growth of small businesses in such areas; and that the use of public funds to stimulate private investment in such businesses and areas as provided herein is a valid public purpose.

(ii) (a) There is hereby established a board to oversee a pilot program to assist businesses affected by transportation enhancements, hereinafter referred to as "the board". The board shall consist of the secretary of transportation and construction, or his designee, the secretary of economic affairs, or his designee, and the commissioner of banks and banking, or his designee. All official actions of the board must be approved by a majority of its members. The board is hereby authorized and directed to promulgate rules or regulations pursuant to section two of chapter thirty A of the General Laws to establish standards or criteria for the designation of transportation activity affected areas pursuant to paragraph (b) under which business entities may be qualified small business pursuant to paragraph (c), and for the evaluation of proposals for and performance under agreements entered into pursuant to paragraph (d), or for any other purpose necessary to implement the provisions of this section.

(b) The board may designate a specific geographic area to be a "transportation activity affected area". An area may be so designated if: (1) the authority is undertaking transportation enhancement activities including the construction, reconstruction, renovation, repair, removal, replacement, or expansion of its transportation facilities within the area; (2) such activities have had or are likely to have a significantly harmful impact upon the economic stability and growth of small businesses within such area; and (3) the area meets such other standards and criteria as the board may establish.

(c) A "qualifying small business" shall mean a for profit or non-profit business entity that is located, wholly or partially, within a designated transportation activity affected area; that alone or in combination with any affiliated businesses entity had average gross sales of less than two million five hundred thousand dollars per year for its most recent two fiscal years and that has fewer than fifty full-time equivalent employees; that has been doing business within a transportation activity affected area for at least one year prior to the commencement of transportation enhancement activities by the authority within the designated area; that has been or is likely to be significantly harmed by the transportation enhancement activities of the authority within the transportation activity affected area; and that meets such other standards and criteria as the board may establish. For the purposes of this section, business entities shall be considered to be affiliated if they are controlled, either through ownership or management, by the same party or parties.

(d) The authority is hereby authorized to enter into agreements with banks to stimulate loans to qualifying small businesses. For the purposes of this section, banks shall be deemed to include any bank subject to taxation under section two of chapter sixty-three of the General Laws. Banks shall be selected by the authority for participation in this pilot program after a competitive bidding process which shall include public advertisement and the receipt of written bids. The actual selections shall be based upon standards and criteria that shall include the interest rate the bank will pay the authority for its deposits, the interest rate the bank will charge to participating qualifying small businesses, and such other standards and criteria as the board may establish. Such agreements shall provide that: (1) the authority shall deposit in such bank, pursuant to paragraph (f), funds which may earn no interest, below market rate interest, or market rate interest during periods when such funds are used to stimulate loans to qualifying small businesses as provided herein; (2) in consideration of such deposits such bank shall make loans to qualifying small business pursuant to paragraph (e) at interest rates below the rates such bank would otherwise charge on such loans; (3) such deposits and loans as a whole shall be structured in such a way that the total value of any reduction in interest earnings to the authority resulting from the deposit of funds at no interest or at below market rate interest, minus any extraordinary administrative costs incurred by such bank beyond the costs that would normally be incurred in making such a loan other than pursuant to this section, shall not be greater than the total value of any reduction in interest costs to qualifying small businesses resulting from the receipt of any such loan at below market rate interest; (4) if the total value of any such reduction in interest earnings, minus any such extraordinary administrative costs, exceeds the total value of any such reduction in interest costs, such excess shall be rebated to the authority; (5) such bank may secure the payment of principal and interest on any loan granted pursuant to this section by mortgage, security interest, or any other method; (6) upon the finding by the board that such bank has substantially failed to meet the conditions of the agreement the board may rescind such agreement and shall require the rebate of any excess owed the authority at that time under clause (4) and the return of any deposits made under clause (1).

(e) Banks entering into an agreement under paragraph (d) shall make loans to qualifying small businesses pursuant to such agreement. Such businesses may use the proceeds of any such loan for the costs of renovation, modernization, expansion, maintenance, inventory purchases or related capital improvements but may not use such proceeds for any operating costs. The factors to be considered by a bank in granting a loan pursuant to this section shall include, but need not be limited to: (1) the degree and severity of the impact of the transportation construction activity of the authority on the economic stability and growth of the applicant qualifying small business and the resulting effect on the use of mass transportation facilities in such area, (2) the degree to which the loan will assure the economic stability and growth of the applicant qualifying small business and of the designated area and will increase the value and use of mass transportation facilities in such area, (3) the ability of the applicant qualifying small business otherwise to obtain financing at reasonable rates and upon reasonable terms, and (4) the period of time the business has operated in the area and the period of time it has been owned by the applicant.

(f) Notwithstanding any general or special law to the contrary, the authority is hereby authorized to deposit any of its funds with banks at no interest or below market rate interest for the purposes and in the manner set forth in this section; provided, however, that no funds that were in any way made available because of a pledge of the credit of the commonwealth may be so deposited for said purposes; provided, further that in no event shall funds of the authority be used as security for loans granted pursuant to this section and no such loan shall be guaranteed by the authority. At no time shall the authority have on deposit with such banks in excess of seven million five hundred thousand dollars for said purposes.

(g) Within sixty days from the end of each calendar year after nineteen hundred and eighty-six, the authority shall submit a report relative to said pilot program that has been approved by the board to the clerks of the senate and of the house of representatives, to the house and senate committees on ways and means, to the commissioner of administration, and to the inspector general, who is hereby authorized thereafter similarly to submit his comments on such report. The report shall include, but need not be limited to: (1) a listing of any designated transportation activity affected area; (2) any accounting of an funds deposited by the authority pursuant to this section and of the value of any reduced interest earnings to the authority resulting from each deposit of authority funds at no interest or at below market rate interest; (3) an accounting of the value of any reduced interest costs to qualifying small businesses resulting from receiving loans stimulated by each such deposit at below market rate interest; (4) an accounting of any extraordinary administrative costs allowed to a bank for each deposit; and (5) an accounting of an excess rebated for each deposit to the authority pursuant to clause (4) of paragraph (d) of subsection (i).

(iii) The provisions of subsections (i) and (ii) shall cease to be in effect as of July first, nineteen hundred and ninety-four. No loans shall be made pursuant to paragraph (e) of subsection (i) after December thirty-first, nineteen hundred and ninety-three. Nothing in this section shall be construed to prevent the collection of any outstanding principal or interest on loans made pursuant to said paragraph (e) on or before December thirty-first, nineteen hundred and ninety-three or of any outstanding excess owed to the authority under clause (4) of paragraph (d) of subsection (i).

SECTION 248. Chapter 394 of the acts of 1987 is hereby amended by adding the following section:-

Section 5. Notwithstanding the provisions in sections one through four, inclusive of this act, an insurer, nonprofit hospital service corporation, nonprofit medical service corporation, or a health maintenance organization, shall exclude upon the request of an employer which is a diocese the benefit set forth in this act from any blanket or general policy of insurance, from any contract or subscriber certificate under a medical or hospital service plan, from any health maintenance contract, or from any preferred provider arrangement contract which is issued, delivered, or renewed.

SECTION 249. Section 83 of chapter 23 of the acts of 1988 is hereby amended by adding the following two paragraphs:-

Notwithstanding the foregoing provisions, there shall be established a tactical training initiative, to create and maintain manufacturing jobs in the commonwealth. Such initiative shall design training programs which meet the specific needs of employers and workers, through upgrading of existing skills, improved productivity and modernizing production methods.

Not more than five hundred thousand dollars shall be expended from said fund for the tactical training initiative. The commissioner of the department of medical security shall transfer to the department of employment and training five hundred thousand dollars from said fund; provided, however, that said amount is available in said fund. The commissioner of the department of employment and training is hereby authorized to expend a sum not less than five hundred thousand dollars for said programs, and to expand any federal funds made available therefor.

SECTION 250. Item 7510-7892 of section 2 of chapter 208 of the acts of 1988 is hereby amended by inserting after the word "dollar", in line 8 the following words:- ; provided further, that the funds herein authorized shall be available for expenditure until June thirtieth, nineteen hundred and ninety-eight.

SECTION 251. Section 2 of chapter 229 of the acts of 1989 is hereby amended by striking out, in line 6, the words "one hundred and seventy-five" and inserting in place thereof the following words:- two hundred and twenty-six.

SECTION 252. Section 111 of chapter 240 of the acts of 1989 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Said commission may expend such sums as may be appropriated therefore, not to exceed, in the aggregate five hundred thousand dollars; provided, however, that banks and life insurance companies doing business in the commonwealth and subject to taxation under chapter sixty-three of the General Laws shall, as hereinafter provided, reimburse the commonwealth for all expenditures in fiscal years nineteen hundred ninety to nineteen hundred ninety-three, inclusive, and any subsequent expenditures in any fiscal year pursuant to any such appropriation. Said commission shall certify all such expenditures to the commissioner of banks and the commissioner of insurance who, jointly, shall apportion the same in equal amounts on the banking industry and life insurance encompassing such banks and life insurance companies, respectively. Said commissioner of banks and commissioner of insurance shall transmit said apportionments to the comptroller who shall assess the same on said banks and life insurance companies who, in turn, shall remit the amount of such assessments to said comptroller within thirty days of the receipt thereof.

SECTION 253. Paragraph (i) of section 114 of chapter 412 of the acts of 1991 is hereby amended by inserting after the word "fifty E", in line 4, the following words:- ; provided, however, that notwithstanding any other provisions of this act to the contrary, all matters relating to wages, hours and standards of productivity or performance, and any other matters pertaining to section thirteen, section twenty-five and section twenty-six of chapter twenty-two C of the General Laws shall be subject to the provisions of said chapter one hundred and fifty E and the provisions of section four B of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three.

SECTION 254. Chapter 537 of the acts of 1991 is hereby amended by striking out, in lines 13 to 16, inclusive, the words "consisting of seven thousand square feet, more or less, all as appearing more precisely on Metropolitan District Commission, Park Engineering Division, Accession Plan Number 42003, updated through February 14, 1975, on file with said commission" and inserting in place thereof the following: beginning on the Easterly sideline of Park Road as laid out by the Metropolitan Park Commissioners July 26, 1906, at a point 309.00 feet Southeasterly of a stone bound;

Thence N73 27' 47" E a distance of 37.94 feet to the southwest corner of the Golf Museum's eight foot envelope;

Thence N17 17' 29" W a distance of 142.80 feet, said point being 36.05 feet from Park Street;

Thence N72 42' 31" E a distance of 28.00 feet;

Thence S17 17' 29" E a distance of 8.30 feet;

Thence N72 42' 31" E a distance of 67.00 feet;

Thence S17 17' 29" E a distance of 48.00 feet;

Thence S72 42' 31" E a distance of 29.60 feet;

Thence S17 17' 29" E a distance of 35.80 feet;

Thence N72 42' 31" E a distance of 4.45 feet;

Thence S17 17' 29" E a distance of 72.20 feet;

Thence S46 08' 37" W a distance of 5.59 feet;

Thence N17 17' 29" W a distance of 24.00 feet;

Thence S72 42' 31" W a distance of 64.85 feet to the starting southwest envelope corner.

Contains 10,789 square feet.

SECTION 255. Section 47 of chapter 133 of the acts of 1992, is hereby amended by inserting after the first sentence the following sentence:- On or after the effective date of this act an active member who is currently contributing to two or more retirement systems, established under the provisions of chapter thirty-two, may elect not to participate in the retirement system in which he is contributing the lesser amount of accumulated deductions; provided, however, that said active member upon such election not to participate, shall be entitled to receive upon his written request to the retirement board, in one sum, an amount equal to the accumulated regular deductions paid by said member into the Annuity Savings Fund of the retirement system of the governmental unit which said member has contributed the lesser amount together with regular interest as shall have accrued thereon in accordance with the provisions of sections eleven and twenty-two of said chapter thirty-two.

SECTION 256. Said chapter 133 is hereby further amended by inserting after section 48 the following section:-

Section 48A. Notwithstanding the provisions of chapter thirty-two of the General Laws or any other general or special law to the contrary, and upon acceptance of this section by the legislative and executive authority within a city, town or county, the provisions of this section providing for a retirement program for municipal hospital or municipal department of health employee who is a Group 1, Group 2, or Group 4 employee as defined in section three of said chapter thirty-two, who is a member of the appropriate municipal or county retirement system and (i) who is an employee of the municipality on the effective date of this section, (ii) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five or subdivision (1) of section ten of said chapter thirty-two upon the effective date specified in his written application to said board and (iii) shall have filed a written application after August first, nineteen hundred and ninety-three, but not later than December thirty-first, nineteen hundred and ninety-three to retire for superannuation as of the date which shall be specified in such application; provided, however, that said date for retirement shall be no earlier than August fifteenth, nineteen hundred and ninety-three and no later than one hundred and twenty days after acceptance of this section by the city, town, county or executive authority. For the purposes of this section the legislative authority shall mean a town meeting in a town, the city council in a city, the county advisory board in a county other than the counties of Suffolk and Nantucket in which cases the county commissioners shall serve as the legislative authority; and executive authority shall mean the board of selectmen in a town, the mayor in a city, and the county commissioners in a county. Said program shall be administered by the appropriate municipal or county retirement system, which shall also promulgate regulations to implement the provisions of said program. Notwithstanding the foregoing, no city, town, or county may adopt the provisions of this section unless said city, town or county has established a retirement system funding schedule pursuant to the provisions of section twenty-two D of chapter thirty-two of the General Laws or subdivision (6A) of section twenty-two of said chapter thirty-two prior to the effective date of this act or adopts the provisions of section twenty-two D of said chapter thirty-two after the effective date of this act.

Notwithstanding any provisions of said chapter thirty-two to the contrary, the normal yearly amount of the retirement allowance for an eligible employee who is employed by a city, town or county hospital or department of health which accepts the applicable provisions of this act and who has paid the full amount of regular deductions on the total amount of regular compensation as determined under paragraph (a) of subdivision (2) of section five of said chapter thirty-two, shall be based on the average annual rate of regular compensation as determined under said paragraph (a) shall be computed according to the table contained in said paragraph (a) based on the age of such member and his number of years and full months of creditable service at the time of his retirement increased by up to five years of age or by up to five years of creditable service or by a combination of additional years of age and service the sum of which shall not be greater than five, provided however that the executive authority in a city or town may limit the amount of additional credit for service or age or a combination of service and age offered and the number of employees for whom it will approve a retirement calculated under the provisions of this section; provided, further, that if participation is limited, the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service.

For the purpose of this section words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. An employee who retires and receives an additional benefit in accordance with the provisions of this section shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two.

The total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of section five of said chapter thirty-two, of any employee who retires and receives additional benefit under the retirement incentive program for employees of municipal departments of health and municipal hospitals in accordance with the provisions of this section shall not exceed four-fifths of the average annual rate of his regular compensation received during the periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, which ever is greater.

The commissioner of the public employee retirement administration shall analyze, study, and evaluate the costs and the actuarial liabilities attributable to the additional benefits payable in accordance with the provisions of this section of the retirement incentive program for municipal county and employees of municipal hospitals or municipal departments of health employees, established by this section for each retirement system; provided, however, that said commissioner shall file a report in writing of his findings to the board on or before June thirtieth, nineteen hundred and ninety-four, and shall send a copy thereof to the county commissioners, the mayor, or the board of selectmen, as the case may be; and, provided further, that said reports shall be filed with the joint committee on public service on or before June thirtieth, nineteen hundred and ninety-four.

The applicable retirement board shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the additional benefits payable under the retirement incentive program in accordance with the provisions of this section and said schedule shall be designed to reduce the applicable retirement system's additional pension liability attributable to such costs and liabilities to zero on or before June thirtieth, two thousand and nine; provided, however, that in preparing such schedule, the board shall consider the analysis of the commissioner of public employee retirement administration filed in accordance with the provisions of this section; provided further, that said board shall triennially update such schedule until June thirtieth, two thousand and nine. Said board shall file such funding schedule with the joint committee on public service and the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-four, and shall file updates thereto triennially on or before September first of the reporting year. In each of the fiscal years until the actuarial liability determined under this section shall be reduced to zero, it shall be deemed an obligation of the applicable city, town or county to fund such liability and there shall be appropriated to the applicable pension reserve fund in such fiscal year the amount required by the funding schedule and the update thereto.

SECTION 257. Section ninety three of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two is hereby repealed.

SECTION 258. Item 3711-9111 of section 2 of chapter 153 of the acts of 1992 is hereby amended, by adding the words:- ; provided, further, that the funds appropriated herein shall be paid to the Boston Redevelopment Authority to be administered for the purposes of said project.

SECTION 259. Chapter 288 of the acts of 1992 is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. Section forty-two B of chapter seventy-one of the General Laws shall apply to all certified school personnel formerly employed by the school committee for the Plymouth-Carver Regional School District. Non-certified school personnel formerly employed by the school committee for the Plymouth-Carver Regional School District shall have the same rights provided to certified personnel under said section forty-two B of said chapter seventy-one to the extent applicable.

SECTION 260. Item 9222-7800 of section 2A of chapter 289 of the acts of 1992 is hereby amended by striking out the wording and inserting in place thereof the following:- `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 `tc1 `tc4 For the administration of the division; provided, however, that the commissioner of insurance shall expend funds from this item of appropriation for the purpose of obtaining accreditation by the National Association of Insurance Commissioners; provided further, that in the event that all monies collected by said division pursuant to section eight B of chapter twenty-six, section eight J of chapter twenty-six, and sections fourteen and one hundred sixty-three of chapter one hundred seventy-five of the General Laws for fiscal year nineteen hundred and ninety-three do not exceed monies so collected during fiscal year nineteen hundred and ninety-two by the amount appropriated herein, the commissioner is hereby authorized and directed to make an assessment not to exceed seven hundred thousand dollars on or before June thirtieth, nineteen hundred and ninety-three against all licensed insurers in the commonwealth at a rate sufficient to produce revenue to reimburse the commonwealth for said difference, notwithstanding the provisions of section eight C of chapter twenty-six of the General Laws to the contrary; provided, further, that no funds appropriated herein shall be expended until such time that all legislation relative to obtaining said accreditation has been filed with the clerks of the senate and the house of representatives. `tc6 `tc5 Division of Insurance Trust Fund 100.0%. `tcol;end

SECTION 261. Section 2A of chapter 50 of the acts of 1993 is hereby amended by striking out item 4500-1010 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4500-1010 `tc4 For the purposes of a tobacco control program; provided, however, that the department is authorized to expend funds for a media campaign on the dangers of cigarette smoking and other forms of tobacco use, which may include public transit advertising; provided, further, that not more than one million dollars shall be paid from this item to the department of education for comprehensive school health education programs, including information relating to the hazards of tobacco use; provided, further, that not less than five million dollars shall be paid from this item to the executive office of public safety to administer a discretionary grant program for city and town drug awareness and resistance education programs, to be known as D.A.R.E. programs, which shall include information about the health risks of cigarette smoking and shall include the participation of local and state police officers, subject to the supervision of and standards established by the department of public health `tc6 20,000,000 `tc5 Health Protection Fund 100.0% `tcol;end

SECTION 262. Section 1G of chapter 15 of the General Laws, as most recently amended by section 3 of chapter 71 of the acts of 1993, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be established advisory councils to the board in the following areas: early childhood education; life management skills; home economics; educational personnel; fine arts education; gifted and talented education; math and science education; racial imbalance; parent and community education and involvement; special education; bilingual education; technology education; vocational-technical education; adult basic education; and comprehensive interdisciplinary health education and human service programs.

SECTION 263. Section 16D of chapter 71 of the General Laws is hereby amended by striking out subsection (e) as appearing in section 34 of chapter 71 of the acts of 1993, and inserting in place thereof the following subsection:-

(e) Notwithstanding the foregoing provisions of this section, for the fiscal year ending on June thirtieth, nineteen hundred and ninety-four, regional schools shall receive the same amount of state aid that they received in the fiscal year ending on June thirtieth, nineteen hundred and ninety-three; provided, however, that any regional school that received in the fiscal year ending on June thirtieth, nineteen hundred and ninety-three less than seventy-six percent of the amount of state aid that it would have been entitled to pursuant to the foregoing provisions of this section if the full amount had been appropriated for such state aid in said fiscal year nineteen hundred and ninety-three shall receive an additional state aid payment in fiscal year nineteen hundred and ninety-four such that the total state aid for each regional school pursuant to this section shall be no less than seventy-six percent of the amount of state aid that it would have been entitled to pursuant to the foregoing provisions of this section if the full amount had been appropriated for such state aid in said fiscal year nineteen hundred and ninety-three; provided, further, that any regional school district that is newly reorganized pursuant to section fifteen subsequent to June thirtieth, nineteen hundred and ninety-two but prior to January first, nineteen hundred and ninety-four shall receive seventy-six percent of the amount it would otherwise have been entitled to receive for expenses incurred in the first year of operation as a reorganized school district pursuant to the foregoing provisions of this section.

SECTION 264. The second paragraph of section 70 of chapter 71 of the acts of 1993 is hereby amended by striking out the first, second and third sentences and inserting in place thereof the following three sentences:- The members of the commission shall include a member of the house of representatives appointed by the speaker, a member of the senate appointed by the president of the senate, and the following members to be appointed by the governor: a representative of the executive office of human services, a representative of the board of education or the secretary of education, a representative of the office for children, a representative of the department of public welfare, a representative of the department of social services, a head start director as recommended by the Massachusetts Head Start Directors Association, a representative of private day care providers as recommended by the Massachusetts Association of Day Care Agencies, a head start parent as recommended by the Massachusetts Head Start Association, a parent with a child in private day care as recommended by the Parents United for Child Care, an early childhood education teacher; provided, however, that said teacher shall be CDA certified. The commission shall elect co-chairpersons from among its members and shall file its final plan with the clerks of the house and senate no later than April thirtieth, nineteen hundred and ninety-four. The joint committee on education, arts and humanities shall review said plan no later than May thirtieth, nineteen hundred and ninety-four; provided, however, that any changes to said plan shall be made in conjunction with the members of the commission; and, provided further, that the commissioner of education shall make available staff and administrative resources to the commission.

SECTION 265. The second paragraph of section 83 of chapter 71 of the acts of 1993 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The annual cost to the state of the cost of the pensions taken under the provisions of this section shall not exceed twenty million dollars for teachers retiring in nineteen hundred and ninety-three and such annual cost to the state of the cost of the pensions taken under the provisions of this section shall not exceed twenty million dollars for teachers retiring in nineteen hundred and ninety-four.

SECTION 266. Said second paragraph of said section 83 of said chapter 71 is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentences:- If the total benefits payable in accordance with said retirement incentive program, due to applicants admitted in any given year, will exceed twenty million dollars, the teachers' retirement board shall proportionally reduce the number of accepted applications from each city, town, regional school committee, independent vocational school, county agricultural school, or educational collaborative accepting the provisions of this section in nineteen hundred and ninety-three and nineteen hundred and ninety-four.

SECTION 267. The fourth paragraph of said section 83 of said chapter 71 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In order to offer the early retirement incentive program in nineteen hundred and ninety-four, any such city, town, regional school committee, independent vocational school, county agricultural school or educational collaborative must accept this section on or after January first, nineteen hundred and ninety-four but no later than June tenth, nineteen hundred and ninety-four.

SECTION 268. Said chapter 71 is hereby further amended by striking out section 96 and inserting in place thereof the following section:-

Section 96. All school-aged children placed by, or under the control of, the department of public welfare or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws, other than in their home city or town, shall have their tuition reimbursed, subject to appropriation, under the provisions of said sections seven and nine.

SECTION 269. (a) Notwithstanding the provisions of any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the following functions of state government from the transferor agency to the transferee agency, as hereby defined:

(1) The functions of the department of labor and industries, insofar as they relate to the investigation and enforcement of laws pertaining to wages, hours and working conditions, child labor, fair competition for bidders on public construction jobs and workplace safety, with the exception of lead and asbestos and the division of occupational hygiene, as the transferor agency; to the office of the attorney general, as the transferee agency.

(2) The functions of the office of veterans' services in the executive office of health and human services, as the transferor agency; to the department of veterans' services in the executive office of administration and finance, as the transferee agency.

(b) All employees of the transferor agencies as defined in subsection (a), including those who immediately prior to the effective date of this act hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws or do not hold such tenure, are hereby transferred to the transferee agencies, as defined in subsection (a), without interruption of service within the meaning of said section nine A or said chapter thirty-one of the General Laws, and without reduction in compensation or salary grade. Notwithstanding the provisions of any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter one hundred and fifty E of the General Laws, and shall be considered employees for the purposes of said chapter one hundred and fifty E.

(c) All petitions, requests, investigations, and other proceedings appropriately and duly brought before the transferor agencies, as defined in subsection (a), or duly begun by said transferor agencies and pending before said transferor agencies prior to the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agencies, as defined in subsection (a).

(d) All orders, rules and regulations duly made and all approvals duly granted by the transferor agencies, as defined in subsection (a), with the exception of the department of labor and industries, which are in force immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law by the transferee agencies, as defined in subsection (a).

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, which immediately prior to the effective date of this act are in the custody of the transferor agencies, as defined in subsection (a), shall be transferred to the transferee agencies, as defined in subsection (a), including all such property held in trust.

(f) All duly existing contracts, leases and obligations of the transferor agencies, as defined in subsection (a), shall continue in effect but shall be assumed by the transferee agencies, as defined in subsection (a). No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act.

SECTION 270. This section may be cited as the Interstate Corrections Compact.

The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economics in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

As used in this compact, unless the context clearly requires otherwise, the following terms shall have the following meanings:-

"State", a state of the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

"Sending state", a state party to this compact in which conviction or court commitment was had.

"Receiving state", a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

"Inmate", a male or female offender who is committed, under sentence to or confined in a penal or correction institution.

"Institution", any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration;

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;

(4) Delivery and retaking of inmates; and

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent herewith.

Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to sub-section (3), shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care of an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of subsection (3).

Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had been place in the sending state. In any and all proceedings had pursuant to the provisions of this paragraph, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

SECTION 271. Notwithstanding the provisions of section thirty-five of chapter two hundred and seventy-six of the general laws, in Essex county and Norfolk county, except in proceedings under sections fifteen to eighteen A inclusive, of chapter two hundred and seventy-three of the General Laws, the court or justice may adjourn an examination or trial from time to time, not exceeding thirty days at any one time against the objection of the defendant, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime not bailable, he shall be committed: otherwise, he may recognize in a sum and with surety or sureties to the satisfaction of the court or justice, or without surety, for his appearance for such further examination and for want of such recognizance he shall be committed.

The chief justice for the district court department, with the approval or at the discretion of the supreme judicial court, may request the general court to suspend this act if he finds that circumstances have arisen which seriously delay the trial of cases and seriously impede the administration of justice.

The provisions of this section shall be implemented by the chief justice for the district court department and shall be effective in Essex County and Norfolk County for a period of one year commencing on January first, nineteen hundred and ninety-four and shall apply only to actions commenced on or after January first, nineteen hundred and ninety-four.

In the event that the provisions of this act are not extended by the general court prior to January first, nineteen hundred and ninety-five, or in the event that the provisions of this act are suspended by the general court prior to said date, actions pending or initiated in Essex County or Norfolk County shall be conducted pursuant to all applicable provisions of the General Laws and shall not be subject to the provisions of this section.

The chief justice of the district court department of the trial court, in consultation with the district attorneys for Essex County and Norfolk County and the committee for public counsel services, shall prepare and file with the clerks of the senate and house of representatives and the house and senate committees on ways and means, an initial report on the implementation of this act, on or before March first, nineteen hundred and ninety-four, and a final report on said implementation, on or before July first, nineteen hundred and ninety-four. Said reports shall provide detailed information concerning the status and effect of implementation of this section, including but not limited to any costs incurred as a result of such implementation, as well as a statistical analysis of the disposition of examinations or trials conducted pursuant to the provisions of this section which indicate the number of examinations or trials that were adjourned for up to thirty days and the effect such time had on the examinations or trials.

SECTION 272. The House Committee on Ways and Means shall conduct a study of the funding sources for all programs administered, developed, monitored or overseen by the judiciary.

SECTION 273. There is hereby established in the office of the chief justice for administration and management of the trial court a pilot indigency verification unit. Notwithstanding any general or special law to the contrary, said unit shall evaluate and verify the assets, income and expenses of persons requesting appointment of counsel pursuant to section two of chapter two hundred and eleven D of the General Laws, and make recommendations to the court relative to the appointment of counsel for such persons. Said unit shall conduct selected post-appointment reviews of indigency and inform the court of its findings. Said unit shall obtain access to records of the department of public welfare, the department of revenue, the department of corrections and such other state agencies as may have information relevant to the unit. Said departments and all other state agencies shall comply with any request for records made by said unit. Said unit may contract with providers of asset and credit records and other relevant information for the provision of such information to the unit.

Said unit shall operate in three courts of the commonwealth as determined by said chief justice. Said chief justice shall prepare and submit to the house and senate committees on ways and means on or before May first, nineteen hundred and ninety-four, a report evaluating the operations of the unit and making recommendations concerning statewide expansion of the unit.

SECTION 274. There shall be established within the department of procurement and general services a division of purchased services. The division shall have primary responsibility for the implementation and coordination of an efficient and accountable system of procurement, selection, pricing, contract administration, program monitoring and evaluation, contract compliance and post audit for any department, agency, board or commission of the commonwealth which procures or pays for social service programs from providers.

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

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

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

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

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

The division shall have the responsibility for prescribing the methods to be used in determining the prices to be reimbursed to providers of social service programs by governmental units. The methods prescribed by the division in determining prices shall incorporate cost containment standards and shall be fair to both governmental units and providers; provided, that in no event shall such methods result in a price for any component purchased from a provider of social services that exceeds ninety percent of the price paid by private sector purchasers for the same or a comparable component or service. All governmental units shall pay the prices developed in accordance with the methods prescribed by the division.

The prices determined by the division of purchased services, or pursuant to its methods, for programs pursuant to chapter seventy-one B of the General Laws shall be set annually by the first Wednesday in February for the next fiscal year. If said division fails to determine said final annual prices on or before the first Wednesday in February, said prices in effect shall continue to be in effect for the next fiscal year. Program prices for programs approved under said chapter seventy-one B which are located outside of the Commonwealth may be adjusted prospectively to account for rate or price adjustments authorized by the host state's rate setting body. In addition, program prices may be adjusted prospectively to account for unanticipated emergencies beyond the reasonable control of the provider, or to reflect costs attributable to extraordinary changes in volume, or to account for compliance with federal or state statutory or local regulatory requirements as determined by the division and pursuant to standards developed by the division. No such price may be adjusted retroactive to its effective date except to account for the results of administrative reviews, if any, as provided in the regulations of the division. Nothing herein shall preclude the division from setting a price for a new program established for the first time under said chapter seventy-one B, or individual or sole source prices as provided in the regulations of the division after the first Wednesday in February of any fiscal year.

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

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

The division shall establish guidelines and standards, consistent with generally accepted governmental auditing standards, for independent financial and performance audits of providers of social service programs and governmental units purchasing programs. The division shall coordinate or conduct audits of providers as needed to monitor compliance with applicable fiscal policies. The division shall develop and administer a uniform system of financial accounting, allocation, reporting and auditing of providers which conforms to generally accepted governmental auditing standards. The division may conduct quality assurance reviews of provider financial statements and their auditors' reports and work papers. The disclosure of client records by providers to auditors, including independent auditors as defined by Federal Office of Management and Budget Circular A-133, as amended, as necessary to comply with state and federal audit requirements shall not constitute an invasion of privacy, or other wise be grounds for civil or criminal penalty.

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

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

SECTION 275. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established within the executive office of health and human services a division of medical assistance, hereinafter the division, which shall be responsible for the administration of the programs of medical care and assistance established pursuant to chapter one hundred and eighteen E of the General Laws. For each appearance of the words "department of public welfare", "department" or "welfare" in chapter one hundred and eighteen E, chapter one hundred and ninety-three, chapter one hundred and ninety-four, chapter one hundred and ninety-five, and chapter one hundred and ninety-eight of the General Laws, reference to the said department shall be construed to refer to the said division unless the context clearly requires otherwise. Wherever the words "department of public welfare", "department" or "welfare" otherwise appear in any general or special law or in any order, rule, regulation or other document related to the exercise of powers or the performance of duties under chapter one hundred and eighteen E such words shall be construed to refer to said division.

The division shall be in the charge of a commissioner who shall be known as the commissioner of medical assistance and who shall be appointed by the secretary of said executive office, with the approval of the governor, and who shall serve at the pleasure thereof. The commissioner may appoint a deputy commissioner and such assistant commissioners, not to exceed four in number, as he determines necessary to carry out the work of the division. The commissioner and his appointees shall have such educational qualifications and such administrative and other experience deemed necessary for the performance of the duties of those offices. The positions of commissioner, deputy commissioner and assistant commissioners shall be classified in accordance with section forty-five of chapter thirty of the General Laws and the salary shall be determined in accordance with section forty-six C of said chapter thirty.

Said division is responsible for administering said programs of medical assistance. Any agency engaging in any activity or implementing any policy (1) involving the delivery of services reimbursable under said chapter one hundred and eighteen E, (2) the certification or licensure of providers of services under said chapter, or (3) the identification of individuals eligible for assistance under said chapter, shall seek review by the said commissioner prior to engaging in any such activity or implementing any such policy.

Beginning July first, nineteen hundred and ninety-three, the said division shall have the powers, duties and responsibilities established by chapter eighteen, chapter one hundred and eighteen E and any other general or special law necessary for the administration of said medical assistance programs.

The commissioner shall appoint and may remove such agents and subordinate officers as the commissioner may deem necessary, may establish such subdivisions within the division as he deems appropriate and may establish regional or local offices at such locations in the commonwealth as he may deem necessary. Such locations may include, but shall not be limited, to the regional or local offices of the department of public welfare.

An immediate priority of the new division shall be the development of management information reports on not less than a quarterly basis. Said reports shall relate expenditures on medical services to recipient utilization patterns for such services including, but not limited to, the units of service rendered by provider type to unduplicated recipients by age and gender. Said reports shall further identify such patterns by category of assistance on a date of service basis for recipients participating in managed care compared to recipients with other third party coverage, including, but not limited to, qualified medicare beneficiaries. The commissioner shall ensure that such reports are made available for public inspection and dissemination.

The commissioner of public welfare shall transfer to the division all books, papers, records, documents, equipment, land, interests in land, buildings, facilities, and other property, both personal and real, which immediately prior to the effective date of this section are in the custody of the department, and relate solely to or are maintained for purposes related to medical assistance; provided, however, that all such property held in trust shall continue to be held in trust by the division. Both commissioners shall reasonably and equitably apportion to the department and to the division the rights to and responsibilities for those books, papers, records, documents, equipment, land, interest in land, buildings, facilities and other property, both personal and real which, prior to the effective date of this section, are in the custody of the department and relate to or are maintained for purposes related both to medical assistance and financial assistance; provided, that all such property held in trust shall continue to be held in trust by the department or the division. Any questions regarding the identification of such property, the apportionment of rights to and responsibilities for such property, and the times for the transfer of such property shall be determined by said secretary or his designee.

Employees of the said department who on January first, nineteen hundred and ninety-three performed functions related solely to medical assistance regardless as to which division within the said department such employees were allocated on that date, shall be transferred to the division of medicaid. Both commissioners shall reasonably and equitably apportion to the department and the division those employees of the department who on January first nineteen hundred and ninety-three performed functions related both to medical assistance and financial assistance regardless of which division within the department such employee was allocated on that date. Any questions regarding the identification of such employees and employee positions, the apportionment of such employees and employee positions, and the times for the transfer of such employees and employee positions shall be determined by said secretary or his designee. All employees of the said department who are allocated to the division of medicaid shall be so transferred without impairment of civil service status, without interruption of services within the meaning of chapter thirty-one of the General Laws, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade, and without change in union representation, notwithstanding any change in title or duties resulting from such transfer. Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the date of such transfer, or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to such date.

All other duly existing rights, obligations and responsibilities of said department which relate to medical assistance and which are in force immediately prior to the effective date of this section shall be transferred to the division reasonably and equitably in the manner described above.

Any orders, rules, and regulations duly made, and all licenses, permits, certificates, and approvals duly granted, by the said department which arise from or relate to medical assistance and which are in force immediately prior to the effective date of this section shall remain in force and effect unless and until superseded, revised, rescinded, or canceled in accordance with law by the said division. Any questions regarding the identification and responsibility for such orders, rules, regulations, licenses, permits, certificates and approvals shall be determined by the said secretary or his designee.

Implementation of this section shall commence upon the date of its effect, with a transition period extending until one year from that date. The commissioner of the said division, with the approval of the secretary, may make agreements with the commissioner of the department for the department to carry out any of the functions provided for by chapter one hundred and eighteen E. Notwithstanding any provisions of this section to the contrary, powers and duties vested in the department or in any board, council or official of such department and powers and duties vested in the division under this section shall be exercised by the department during such transition period until such time as such power or duty shall be implemented and assumed by the said division.

SECTION 276. Notwithstanding any other provision of law, the commissioner of revenue is authorized to waive any penalty under chapter sixty-two C of the General Laws for a period pursuant to this section and may forego the assessment of tax under said chapter sixty-two C for any period beginning on or before January first, nineteen hundred and eighty-six with respect any of the following taxpayers:

(a) A nonresident subject to the tax imposed under chapter sixty-two of the General Laws who has failed to file returns reporting income from sources within the commonwealth, within the meaning of section five A of said chapter sixty-two, as required by section six of chapter sixty-two C for all taxable years beginning after January first, nineteen hundred and eighty six, and on or before January first nineteen hundred and ninety-two, if such nonresident files all require returns and pays all taxes and interest required to be shown on said returns during the special filing period;

(b) A foreign corporation subject to the tax imposed under chapter sixty-three of the General Laws that has failed to file the returns required by section twelve of chapter sixty-two C for all taxable years beginning after January first, nineteen hundred and eighty-six, and on or before January first, nineteen hundred and ninety-two, if such corporation files all required returns and pays all taxes and interest required to be shown on said returns during the special filing period; and

(c) A person subject to the tax imposed by chapter sixty-four I who has failed to report the purchase of any item of tangible personal property or service with respect to which said tax is required to be shown on a return due under subsection (i) of section sixteen of chapter sixty-two C after January first, nineteen hundred and eighty-six, and on or before January first, nineteen hundred and ninety-two, if such person reports all such purchases and pays all such taxes and interest thereon during the special filing period.

For the purposes of this act, the term "special filing period" shall mean a period of three consecutive calendar months chosen by said commissioner in his discretion, provided that said three month period shall begin at any time on or after July first, nineteen hundred and ninety-three and shall end no later than June thirtieth, nineteen hundred and ninety-four. The commissioner shall prescribe such forms as are necessary to implement this section and may require taxpayers to file said forms in addition to the returns and other information required by this section. The provisions of this section shall be binding on the commissioner and the taxpayer, provided that the commissioner shall be authorized to assess additional taxes and penalties with respect to matters covered by this section as provided in said chapter sixty-two C where the taxpayer reports false of fraudulent information on the forms and returns required under this section.

SECTION 277. The Massachusetts general court hereby requests that the Massachusetts congressional delegation complete an investigation of, and make recommendations for, methods to reduce the fiscal effects of federal environmental statutes and regulations, consistent with their purposes, and that said delegation's report include cost benefit analyses of current or proposed federal requirements.

SECTION 278. Notwithstanding the provisions of any general or special law to the contrary, the time within which the special commission established by chapter three of the resolves of nineteen hundred and ninety-one to make an investigation and study relative to revising the vehicle emissions inspections and maintenance program and other matters related thereto is hereby authorized to extend the time within which said commission shall complete its investigation and study and file its final report until August fifth, nineteen hundred and ninety-three.

SECTION 279. On or after June thirtieth, nineteen hundred and ninety-four, the Massachusetts Water Resources Authority is hereby authorized and directed to seek an opinion from the Internal Revenue Service to determine the deductibility from federal taxation of base water and sewer charges.

SECTION 280. The Massachusetts Water Resources Authority is hereby authorized and directed to file a formal petition with the federal district court relative to said court's implementation timetable of combined sewer overflow controls and other non-sewerage treatment plant projects. Said petition shall include, but not be limited to, a request for a phased approach to implementing said combined sewer overflow controls and other water treatment processes pursuant to the Federal Safe Drinking Water Act and the Federal Clean Water Act.

SECTION 281. The Massachusetts Water Resources Authority, established pursuant to chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four, is hereby authorized and directed to implement the MWRA Advisory Board's FY92-93 Capital Improvement Plan recommendations, subject to approval by appropriate federal courts. Said authority shall report to the clerk of the house of representatives and the clerk of the senate on the progress of the implementation by December thirty-first, nineteen hundred and ninety-three.

SECTION 282. The comptroller is hereby authorized to engage the services of a certified public accounting firm expert in environmental regulation, to audit the activities of the Massachusetts Water Resources Authority, hereinafter called the authority. This audit shall focus on program results as well as cost effectiveness, including both existing operation and capital budgets as well as determinations about whether specific projects are needed to meet essential environmental goals. The audit shall develop and recommend a list of all reasonable proposals to enable the authority to petition the federal district court for permission to scale back the present capital plan. This list shall include, but not be limited to, those proposals described in the March nineteen hundred and ninety-three report of the authority advisory board; provided, however, that nothing herein shall be construed to discourage the authority from petitioning the federal district court as soon as possible for approval of any cost-saving measures. The report shall be submitted to the house and senate committees on ways and means no later than December 31, 1993. A sum of not more than two hundred and fifty thousand dollars may be expended for this purpose from line item 1000-1100 of section two of this act.

SECTION 283. The Massachusetts Water Resources Authority board of directors is hereby authorized and directed to immediately provide all of the necessary resources, financial and otherwise, to the Massachusetts Water Resources Authority advisory board so that said board may conduct a cost analysis of sewer service in order to determine a rate methodology which fairly and equitably assesses the member communities within the Massachusetts Water Resources Authority district for sewer services. Such analysis will give due consideration to the volume of flow into and from each community and shall make equitable adjustments for the impact of wet weather flows upon the volume of flow from each community sufficient to encourage each community to maximize the reduction of inflow and infiltration and the relative strength of flow from each community and other relevant factors. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Water Resources Authority board of directors shall adjust said methodology for the communities within said district no later than July first, nineteen hundred and ninety-four and assess said communities according to the rate methodology that had been so recommended; provided, however, that said rate methodology shall be filed with the clerks of the house and senate and the chairmen of the joint committee on natural resources and shall not take effect without further statutory authorization. Notwithstanding the provisions of any general or special law to the contrary, communities within the Massachusetts water resources authority's sewer district are hereby authorized and directed to make appropriate adjustments to fees and charges to meet all financial obligations of said communities to said authority for fiscal year nineteen hundred and ninety-four.

SECTION 284. Notwithstanding any general or special law to the contrary, any unlined municipal landfill that is subject to an administrative consent order issued by the department of environmental protection after July first, nineteen hundred and ninety-two and prior to July first, nineteen hundred and ninety-three that requires such municipal landfill to cease accepting solid waste before June thirtieth, nineteen hundred and ninety-six, shall be subject to the provisions of the fifteenth paragraph of section one hundred and eleven of chapter one hundred and fifty A of the General Laws, as inserted by this act, and the provisions of such consent order shall be deemed amended to the extent such order is not consistent with the provisions of this paragraph.

SECTION 285. The department of environmental protection shall extend the amnesty period for implementation of the regulations pursuant to chapter ninety-one of the General Laws to October fourth, nineteen hundred and ninety-five.

SECTION 286. The board of registration of hazardous waste site cleanup professionals shall be paid from the hazardous waste cleanup program of the department of environmental protection for fiscal year nineteen hundred and ninety-four.

SECTION 287. Notwithstanding the provisions of any general or special law to the contrary, the registrar of motor vehicles and the Environmental Trust Fund shall develop a distinctive Environmental Trust Fund registration and plate for private passenger motor vehicles on the theme of the right whale; provided that in addition to regular registration fee, an additional amount of not less than twenty-five dollars shall be paid; a portion of the fee for the purposes of offsetting the direct expenses of issuing special plates shall be deposited in a registry retained revenue account; provided further, that the balance of said fee shall be deposited in the Environmental Trust Fund, as established by chapter two hundred and thirty-six of the Acts of nineteen hundred and eighty-eight; and provided further that the plate shall be available no later than January first, nineteen hundred and ninety-four.

SECTION 288. Notwithstanding any general or special law to the contrary no commercial vessel rigged for otter or beam trawl and/or dragging operations shall land sea herring by midwater trawlers or pair trawlers in Massachusetts coastal waters or ashore.

No midwater trawling nor pair trawling of sea herring shall take place in any area as defined by the Atlantic States Marine Fisheries Commission Designated Area One (1) starting at forty-one (41) degrees thirty-five (35) minutes latitude north and preceding north, sixty-nine (69) degrees longitude, forty-two (42) degrees fifty-three (53) minutes fourteen (14) seconds latitude and sixty-seven (67) degrees forty-four (44) minutes thirty-five (35) seconds longitude.

SECTION 289. The secretary of communities and development and the secretary of consumer affairs are hereby authorized and directed to enter into an interagency agreement for the expenditure of two million dollars from the Oil Overcharge Trust Fund for the one and two person program, so-called, for elders and families who income is in excess of one hundred and fifty percent of the federal poverty level, but not more than one hundred and seventy-five percent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of 1981, as amended; provided, that such amount may be expended from such fund for the fiscal year ending June thirtieth, nineteen hundred and ninety-four without further appropriation; and provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low income elders and families shall not be subject to federal reimbursement.

SECTION 290. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the executive office of communities and development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program.

SECTION 291. Notwithstanding the provisions of section thirty-nine of chapter one hundred and twenty-one B of the General Laws, as amended by this act, in any state-funded project which contains units for both elderly persons of low income and handicapped persons of low income, if on the effective date of this section, the number of units occupied by such handicapped persons exceeds ten percent of the total units in the project, the housing authority shall allow any such handicapped person residing in said units on the effective date of this section to continue to reside therein.

SECTION 292. Notwithstanding the provisions of any general or special law or regulation to the contrary, all housing authorities operating elderly public housing are hereby authorized and directed to offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those persons sixty-two years of age or older on June thirtieth, nineteen hundred and ninety-three, then receiving rental assistance from the Massachusetts rental voucher program. The executive office of communities and development shall oversee and enforce compliance by local housing authorities with the provisions of this section, and is hereby authorized to take such actions as it deems necessary, including requiring regular, up-to-date reports by the housing authorities and nonprofit organizations operating such public housing, to insure such compliance in a timely and equitable fashion.

SECTION 293. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the executive office of communities and development is hereby authorized and directed to enter into an interagency agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants and members of the participants' households in the Massachusetts rental voucher program; provided further, that any household, in which a participant or member of a participant's household in the Massachusetts rental voucher program shall fail to provide his or her social security number for use in verifying the household's income and eligibility, shall no longer be eligible for a voucher or to receive benefits pursuant to the Massachusetts rental voucher program; provided further, that the secretary of the executive office of communities and development, as condition of continued eligibility for a voucher and for voucher payments, may require disclosure of social security numbers by participants and members of the participants' households in the Massachusetts Rental Voucher Program for use in verification of income with other agencies, departments and executive offices in the commonwealth.

SECTION 294. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the registrar of motor vehicles shall not, prior to March first, nineteen hundred and ninety-four, implement, cause to be implemented or contract for any change in the system or technology currently employed by the commonwealth relative to the registration of motor vehicles, including without limitation, the remote entry processing system of the registry of motor vehicles and any other plan to shift registry of motor vehicles' data processing or fee collection responsibilities to any private entity.

In no event shall any change in said system of technology be contracted for or implemented by said registrar at any time unless a cost study comparing the costs of the remote entry processing system of the registry of motor vehicles with any proposed change in systems is filed with the house and senate committees on ways and means and the joint committee on public safety sixty days prior to execution of such contract or implementation of said changes.

SECTION 295. Notwithstanding the provisions of any general or special law to the contrary, benefits that have been terminated by the department of public welfare after timely notice and opportunity for hearing shall not be reinstated until such time as an administrative appeal has been decided in favor of the appellant, or a court has granted interim relief.

SECTION 296. The department of public welfare shall conduct a study of the feasibility and cost effectiveness of requiring all new recipients enrolled in the EAEDC or AFDC programs, so called, and any recipients who have reported lost or stolen checks, and who have a bank account, to receive their benefits through direct bank deposit. Said department shall report the results of its study to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety three.

SECTION 297. The department of public welfare is hereby authorized and directed to provide transportation assistance to certain applicants and recipients of cash assistance and medical assistance for permanent relocation outside of the commonwealth pursuant to department regulations and may make expenditures from items 4400-1000, 4403-2000 and 4408-1000 of section two of this act for the purposes of this section.

SECTION 298. The department of public welfare shall contract for regional administration of a pilot program to reduce homelessness with the housing assistance corporation, a nonprofit organization located in the town of Barnstable, hereinafter referred to as the regional administrator. The responsibilities of the regional administrator shall be detailed in a written contract and shall include the following services to be provided to program performance of lease obligations and case management. Said regional administrator shall also be responsible for raising a sum of money locally for purposes of providing a homelessness prevention program for families in imminent risk of becoming homeless; provided, that for fiscal year nineteen hundred ninety-four, said regional administrator shall raise for said program a sum of money no less than sixty-two thousand five hundred dollars. In order to qualify for participation in said pilot program, a family must either be living in a temporary shelter paid for through the department's emergency assistance program for no less than thirty days, during which period the family has been unable, despite reasonable efforts as required by the regulations of the department, to obtain suitable, permanent, affordable housing, or be eligible to participate in the department's emergency assistance program. Subject to appropriation, the department shall pay rental assistance, for units provided to participants in said pilot program, of no greater than five hundred dollars per month for two-bedroom units, and no greater than six hundred dollars per month for three-bedroom units. The homelessness prevention program shall include a) rent or mortgage assistance when the rent contribution provided by the department pursuant to this section is insufficient, and b) rental assistance to reduce the rent contribution provided by the department pursuant to this section, subject to the availability of funds. The regional administrator shall be paid an administrative fee not to not to exceed fifty dollars per month per participating family; provided, that the administrative fee shall be collected by the regional administrator from program participants.

Nothing in this section shall be construed to create any right to participate in said pilot program in this or any future fiscal year, and no family which meets the eligibility requirements for said pilot program shall have any such right to participate; Nothing in this section shall be construed to require a family which meets the eligibility criteria for said pilot program to participate therein. A family which is otherwise eligible to receive benefits pursuant to the department's emergency assistance program shall not lose eligibility for such benefits solely as a result of its agreement to participate or its participation in said pilot program. No more than two hundred fifty thousand dollar may be expended for this program from item 4403-2100 of section two of this act and said funds shall be the only funds available for this program.

SECTION 299. The department of public welfare is hereby authorized and directed to study the feasibility and cost efficacy of the implementation of an aid for families with dependent children school attendance program. The phases of such program shall be directed at the following requirements:

(A) No aid shall be paid hereunder to, or on behalf of, any child over age twelve whose school attendance does not meet the requirements of subsection B, for the period during which such child does not meet those requirements.

(B) Each recipient of aid hereunder shall be required to provide official school documentation, not less than once every three months, that a child in his family unit who is over the age of twelve and receiving payments under this chapter has missed no more than ten school days due to unexcused absences during the previous six-month period.

If a recipient of aid hereunder fails, without reason, to provide the documentation required by the first paragraph of subsection B within a reasonable time, or, if the documentation provided indicates that such child has missed more than ten school days due to unexcused absences during the previous six months, the recipient of aid here under shall be placed on probationary status, during which time such recipient shall be required to provide monthly documentation of such child's attendance. Such recipient shall remain on probationary status until such time as the number of school days missed due to unexcused absences by the child during the six preceding months does not exceed ten school days.

If a child misses more than three school days due to unexcused absences during any month in the probationary status, no aid shall be paid to, or on behalf of, such child until the recipient of such aid provides documentation that the child's school attendance meets the requirements of this section.

Any school attended by a child to which this section applies shall provide the recipient of aid hereunder with the documentation required by this section, upon the request of the recipient.

The department shall submit its report to the house and senate committees on ways and means no later than October thirty-first, nineteen hundred and ninety-three.

The commissioner of the department of public welfare shall also conduct a review of welfare reform plans which have been implemented in New Jersey, Wisconsin, New York and other states. Such review shall ascertain the flaws discovered in such programs, the costs associated with implementation and the savings and or projected savings from such reforms. Said commissioner shall project the anticipated impact of implementing such plans or variations thereof in the commonwealth. The commissioner shall submit a summary of such review to the senate and house committees on ways and means on or before January first, nineteen hundred and ninety-three

SECTION 300. The secretary of the executive office of health and human services is hereby authorized and directed to investigate and make recommendations to the General Court relative to the establishment of a plan of medical care and assistance for residents of the commonwealth not eligible for benefits under Title XVIII or Title XIX of the Social Security Act or employer-sponsored group health insurance. Said investigation shall examine the potential enrollee base for said plan, including its demographic and actuarial characteristics, and the level of premium affordability for said potential enrollees. Said investigation shall ascertain the extent to which employment status, income, disability, or other reasons explain why said potential enrollees currently lack health care coverage. Said investigation shall examine the relative cost of providing minimum and maximum benefit packages on an indemnity and managed care basis, and shall compare the costs and coverages of such options to plans administered under chapters one hundred seventy-six A and one hundred seventy-six B of the General Laws. Said investigation shall examine the cost of insuring high risk enrollees and the need for and availability of reinsurance or other risk-sharing mechanism to ensure the solvency and affordability of said plan in the event high risk enrollees are covered by said plan. Said investigation shall examine cost containment measures necessary to control premium affordability, including sliding scale premiums, copayments, deductibles and excluded coverages. Said investigation shall examine the effects of using negotiated rates of reimbursement versus rates established by the rate setting commission on the ability and willingness of health care providers to participate in said plan. Said investigation shall examine the effects of said plan on the uncompensated care pool, including savings to employer sponsored health insurance plans, revenues generated for disproportionate share hospitals and federal financial participation generated for the commonwealth. Said investigation shall examine the amounts necessary to capitalize said plan and the liability of the commonwealth for initial capitalization and long term plan liabilities. Said investigation shall examine eligibility criteria for said plan, including the use of means-testing and underwriting principles to promote access and affordability. Said investigation shall further examine administrative arrangements for said plan, including but not limited to the use of state agencies, an independent authority or other entity to manage marketing, enrollment, claims processing and risk management functions.

Said secretary shall summarize the results of said investigations and made any recommendations relative thereto by filing a report at his convenience, but not later than March first, nineteen hundred and ninety-four, with the clerk of the Senate and the clerk of the House of Representatives.

SECTION 301. For hospital fiscal year nineteen hundred and ninety-four, the private sector liability of purchasers and third party payers to the uncompensated care trust fund established pursuant to section seventeen of chapter one hundred and eighteen F of the General Laws shall be the lesser of the sum of all the products of each hospital's allowable free care charges and such hospital's cost to charge ratio, calculated by the commission pursuant to section eleven of chapter six B of the General Laws, or three hundred and fifteen million dollars. For state fiscal year nineteen hundred and ninety-four, notwithstanding any general or special law to the contrary, fifteen million dollars generated by federal financial participation made available under Title XIX of the Social Security Act to match the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund.

SECTION 302. Any funds remaining at the close of the fiscal year ending June thirtieth, nineteen hundred and ninety-three in the Medicaid Trust Fund established by section ninety-three of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two shall revert to the General Fund.

SECTION 303. Notwithstanding any general or special laws to the contrary, the division of medical assistance shall apply to the health care finance administration and undertake all steps, including but not limited to the preparation of federal legislation, deemed necessary to obtain a waiver of the federal prohibition that permits certain recipients of the medicaid program to avoid copayments by refusing to make such payments when purchasing prescription drugs. Said efforts shall seek to extend to the maximum number of recipients the required payment of the maximum permissible amount to be charged as copayments for obtaining prescriptions. Said division shall report to the house and senate committees on ways and means not later than October first, nineteen hundred and ninety-three on all such steps undertaken in seeking said waiver, shall include in said report copies of materials documenting such efforts, copies of correspondence received from federal officials in response to such efforts.

SECTION 304. The division of medical assistance is hereby directed to compile a list of the top one thousand utilizers and providers of the medical assistance program established pursuant to chapter one hundred and eighteen E of the General Laws as determined by the dollar amount of the benefits used by recipients and the dollar amount of reimbursements made to providers for fiscal year nineteen hundred and ninety-three. The commissioner of said division is further directed to conduct a study of this data, including said recipients' relevant medical histories, which shall be reported to the committees on ways and means of the house and senate no later than November first, nineteen hundred and ninety-three. Such study shall include, but not be limited to, identification of patterns of inappropriate use, possible fraud, use of services in a way that is clearly not cost efficient and the feasibility of placing high-utilizers in a program of managed care. Such study shall also include a breakdown of the total dollar amount of benefits used by each recipient and the amount of money reimbursed to each provider in each year, by the category of medical care or services provided. Said commissioner is expected to offer recommendations for methods of reducing over-utilization and inappropriate use as discovered by such study.

SECTION 305. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance, with the cooperation of the rate setting commission, shall not approve any increase in existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality.

Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend from any of the items established for said program in section two for any of the purposes authorized for such items until such time as the division modifies its accounting and claims processing systems in a manner that reconciles payments processed by the medicaid management information system, or MMIS, so-called, within two weeks of expenditure to the items of appropriation established in section two of this act and entered in the Massachusetts management, accounting and reporting system, or MMARS, so-called; provided, that said modifications and reconciliation system shall be implemented by October first, nineteen hundred and ninety-three. Expenditures processed by MMIS prior to said date shall be so reconciled to MMARS not later than October fifteenth, nineteen hundred and ninety-three; and provided further, that weekly MMIS expenditures shall be reconciled to MMARS every two weeks thereafter.

Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance shall make no expenditures which are not federally reimbursable. Said restriction shall not apply to cost containment efforts which may not be eligible for federal reimbursement; provided, that such efforts are expended exclusively from item 4000-0310; provided further, that prior to committing to such expenditures the division shall submit notice of such efforts to the house and senate committees on ways and means; provided further, that said notice shall include a summary description of such spending, an explanation for any increase in spending for each such effort over the amount expended in the previous fiscal year and an estimate of savings resulting from each such effort. Said division may allocate funds from item 4000-0310 to other agencies for purposes of the medical care and assistance program after giving prior notice to the house and senate committees on ways and means; provided that not more than one million one hundred thousand dollars shall be expended from said item for early screening and treatment necessary to reduce hospitalizations and to avoid medicaid costs by delaying the onset of fully symptomatic AIDS.

No expenditures or commitments made pursuant to the items established for said program or by agreements authorized by chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purpose of complying with the provisions of Title XIX of the Social Security Act, shall be incurred in excess of available funds which have been appropriated therefor.

The rate setting commission, the department of public health and the executive office of elder affairs are hereby authorized and directed to cooperate with the division in developing expected outputs for performance measures established for item 4000-0500 in section two of this act.

SECTION 306. Notwithstanding the provisions of any general or special law to the contrary, the department of medical security, the division of medical assistance, hereinafter referred to as the division, 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 paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Said appropriate action may include, but shall not be limited to, the assessment on hospitals for its uncompensated care fee revenue or the collection of amounts from hospitals for its liability to the uncompensated care pool pursuant to chapter one hundred eighteen F of the General Laws. Said appropriate action shall include the establishment or renewal of an interagency agreement between the division and the department of medical security which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the uncompensated care trust fund established by section seventeen of chapter one hundred and eighteen F of the General Laws, or authorize the department of medical security to transfer uncompensated care fee revenue collected from hospitals pursuant to chapter one hundred and eighteen F of the General Laws, or funds otherwise made available to said trust fund by the legislature, to the division for purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the federal Social Security Act. The division may expend amounts transferred to it from the uncompensated care trust fund by the department of medical security under said interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the department of medical security and the rate setting commission pursuant to section fifteen of chapter one hundred eighteen F of the General Laws and section eleven of chapter six B 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. 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 pursuant to this section.

SECTION 307. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the division of medical assistance, hereinafter referred to as the division, 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 paid for low income care costs at those mental health facilities determined to be disproportionate share hospitals in accordance with requirements and implementing regulations of Title XIX of the Social Security Act. Said appropriate action may include, but shall not be limited to, the establishment of a separate account within the uncompensated care trust fund, established by section seventeen of chapter one hundred and eighteen F of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health facilities pursuant to relevant rate setting commission regulations and the related Title XIX state plan amendment submitted by the division to the health care financing administration in December, nineteen hundred and ninety-two. The division or the department of mental health may expend amounts transferred to it from said separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. 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 for the proper accounting and expenditure of funds pursuant to this section.

SECTION 308. The department of medical security is hereby authorized and directed to implement the program of primary and preventative health care services for the benefit of uninsured dependent and adopted youths from age six through age twelve established pursuant to section seventeen B of chapter one hundred and eighteen F of the General Laws not later than January first, nineteen hundred and ninety-four.

SECTION 309. The department of social services is hereby authorized and directed to develop and implement a comprehensive inservice training program for its employees in regard to domestic violence. Said program shall include training in the detection and prevention of domestic violence and the utilization of existing counseling and referral services.

SECTION 310. Notwithstanding the provisions of any general or special law or regulation to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to remove surface rail tracks, and all related poles, wires and other structures incidental thereto, not currently in regular use by the authority along the surface rail route commonly known as the "A-line," on or before June thirtieth, nineteen hundred and ninety-four. Use of said tracks for transportation purposes shall be deemed to have been abandoned as of December thirty-first, nineteen hundred and sixty-nine, and said tracks deemed not to serve anticipated future use. The removal of these surface rail tracks shall be conducted concurrently with the resurfacing or other major improvements undertaken on the relevant municipal roadways by such municipalities.

SECTION 311. The Massachusetts Bay Transportation Authority is hereby authorized and directed to enter into an interagency lease agreement with North Shore community college, for fair rental value, of thirteen thousand seven hundred square feet of space located in the Massachusetts Bay Transportation Authority Lynn parking garage to be utilized as classroom space.

SECTION 312. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Turnpike Authority established in section three of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two is hereby authorized to develop and implement an early retirement process for its employees. Any such early retirement process shall not take effect before January first, nineteen hundred and ninety-five. One year before any such early retirement process takes effect the authority shall submit an analysis of any unfunded additional liability or cost that must be borne by the commonwealth's retirement system as a result of this provision. Said analysis is to be filed with the joint committee on public service and the house and senate committees on ways and means. Any such early retirement process shall not take effect without the prior written approval of the house and senate committees on ways and means.

SECTION 313. The chairman of the Massachusetts Turnpike Authority is hereby authorized to conduct a study whereby travelers using the turnpike between exit tolls three and eight, which include the designated toll names of the municipalities, in order, of Westfield, West Springfield, Chicopee, Springfield, Ludlow and Palmer, be given a credit pass to travel between said tolls at no charge. The study shall consider whether a special toll card shall be given to travelers indicating that no fee will be collected when exiting the turnpike tolls ahead.

SECTION 314. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority and the Massachusetts Turnpike Authority are hereby authorized to enter into agreements with the executive office of economic affairs and the tourist-promotion agencies included in section fourteen of chapter twenty-three A of the General Laws, for the purposes of domestic and international tourism and trade promotions and programs.

SECTION 315. Notwithstanding any general or special law to the contrary, the school of excellence described in item 7005-0003 of section two of chapter one hundred and thirty-three of the acts of 1992 shall be funded as follows. If a student attending said school resides in a community with net school spending below the foundation amount, as defined in section two of chapter seventy of the General Laws, the district of the city or town in which said student resides shall pay to said school an amount equal to the average cost per student in said district. If a student attending said school resides in a community in which net school spending is not less than the foundation amount, the district of the city or town in which said student resides shall pay to said school an amount equal to the lesser of: (i) the average cost per student in said district; and (ii) the average cost per student in the district in which said school is located. In addition, there shall be established upon the books of the commonwealth a separate fund to be known as the School of Excellence Fund. The secretary of education is hereby authorized to solicit for deposit into said fund any grants, gifts, or other revenues other than revenues of the commonwealth. All amounts deposited in said fund shall be held in trust and used only for the school of excellence. In addition to said funds, said school shall receive the amount appropriated in item 7000-0003 of section two of this act.

SECTION 316. The department of revenue shall upon the request of any city or town calculate in the fiscal year beginning on July first, nineteen hundred and ninety-three local contribution as defined in section two of chapter seventy of the General Laws and certify to the department of education the amount calculated. Any city or town that used qualifying revenue amounts in a fiscal year that are not reasonably projected to be available for use in the next year may appeal to the department of revenue no later than October, first, nineteen hundred and ninety-three for an adjustment of local contribution. If the claim is determined to be valid, the department of revenue shall reduce the local contribution amount proportionally based on the amount of the shortfall. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of free cash, overlay surplus, and other available funds. Notwithstanding the provisions of clause (14) of section three of chapter two hundred and fourteen of the General Laws, or any other general or special law to the contrary, the amount so determined shall be deemed to be the local contribution described in said chapter seventy and the department of education shall use the local contribution amount certified by the department of revenue to calculate preliminary local contribution and any other factor that directly or indirectly uses the local contribution amount, provided that the house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified of the amount of any reduction in the preliminary local contribution amount. The amount of financial assistance due from the commonwealth in fiscal year nineteen hundred and ninety-four under chapter seventy or any other provision of law shall not be changed on account of any redetermination of the required local contribution under this section. No city or town shall reduce its contribution to a regional school district on account of a redetermination of its required local contribution under this section.

SECTION 317. Notwithstanding the definition of "Teacher" in section one of chapter thirty-two of the General Laws, any person who is employed as a teacher at the Massachusetts academy of mathematics and science on a basis of not less than half-time service shall be a member of the teachers' retirement system and shall be subject to the provisions of said chapter thirty-two.

SECTION 318. Notwithstanding the provision of any general or special law to the contrary, the department of revenue is hereby authorized and directed to conduct a study relative to the feasibility and economic advantages or disadvantages of developing and implementing a student loan interest deduction program. The purpose of said program is to provide a deduction against gross taxable income. Said study shall include, but not be limited to the following: an analysis of the effects of said deduction upon tax revenue collections, providing said deduction for residents who attended public and independent colleges located in the Commonwealth, providing said deduction to graduate school students, and limiting said deduction to government financed loans. The commissioner shall submit said report to the house and senate committees on ways and means and the joint committee on taxation no later than December thirty-first, nineteen hundred and ninety-four.

SECTION 319. Notwithstanding the provisions of chapter ninety-three of the General Laws and the regulations promulgated thereunder by the department of education, proprietary institutions of higher education licensed by the commonwealth shall be permitted to measure the academic progress of programs in credit hours and clock hours. Said credit hour measurement shall be used solely for measuring the length of a program for proprietary institutions of higher education. Nothing herein shall be deemed to qualify a student at any of said institutions for any state supported financial assistance.

SECTION 320. Notwithstanding any general or special law to the contrary, there is hereby established an interagency committee for population statistics for the purpose of advising the Massachusetts institute for social and economic research at the university of Massachusetts at Amherst, hereinafter called MISER, on the demographic data needs of state agencies and for establishing statewide demographic data standards for use by said agencies.

Said committee shall include but not be limited to a representative designated by the secretary of the appropriate executive office for each of the following agencies: The executive offices for communities and development, for consumer affairs, for elderly affairs and for labor; the department of revenue and the division of capital planning and operations within the executive office of administration and finance; the department of employment and training and the division of energy resources within the executive office of economic affairs; the departments of environmental management and environmental protection within the executive office of environmental affairs; the departments of public health, public welfare, mental health, mental retardation, medical security and the rate setting commission within the executive office of health and human services; the department of highways within the executive office of transportation and construction; and the higher education coordinating council and the department of education within the executive office of education.

Said committee shall further consist of a representative designated by the executive director of the Massachusetts water resources authority and may include ex officio representation to appropriate individuals and state agency representatives elected by the committee.

Said committee shall have advisory authority except as otherwise herein provided: 1) to advise MISER on state agency needs in the area of population estimation, measurement of population change, and population projection; 2) to develop and recommend standards for population estimation and projection; 3) to identify specific agency needs for population statistics; 4) to develop and recommend a plan for the ongoing production and dissemination of population statistics for the commonwealth; 5) to promote state agency cooperation and discussion in the development of accurate and timely population estimates and projections; 6) to collaborate in research to study demographic issues of importance to the commonwealth; 7) to assist users of population data; and 8) to establish the latest population estimates and projections from MISER and federal census data as the official standard population figures for the commonwealth. Population estimates and projections so established shall be subject to a public review and comment process for not less than sixty days prior to their adoption as official population data for the commonwealth. Said process shall minimally provide for the announcement of such proposed statistics in the register published by the secretary of state.

Nothing in this act shall be construed to authorize the committee to adopt any rule or regulation limiting or modifying the powers of state agencies, the governor or other statutory offices.

Said committee shall be established at no expense to the commonwealth.

SECTION 321. Notwithstanding the provisions of any general or special law to the contrary, the higher education coordinating council is hereby authorized and directed to adopt a policy for all public institutions of higher education under its jurisdiction that shall require the inclusion of a statement on each tuition invoice mailed to students at each campus indicating the commonwealth's average contribution per student for tuition, capital investment and associated costs at said institution and the percentage of the student's tuition which serves to defray the cost of these items in the institution's budget.

SECTION 322. Notwithstanding any general or special law to the contrary, the commonwealth's financial obligation, in fiscal year nineteen hundred and ninety-four, for tuition waivers granted pursuant to section nineteen of chapter fifteen A of the General Laws shall not exceed nine million eight hundred seventy-six thousand one hundred and eighty-six dollars; provided, that nothing in this section shall limit the dollar amount of waivers granted pursuant to special legislative authorization, including but not limited to clause (ii) of said section nineteen.

SECTION 323. Notwithstanding the provisions of any general or special law to the contrary, there shall be a program, administered by the higher education coordinating council, to provide no-interest loans to undergraduate students domiciled in the commonwealth, enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education. Such assistance shall consist of full or partial loans to students in need of assistance. Repayment shall commence within six months of graduation or termination of studies; provided, that no repayment schedule shall exceed a term of ten years. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of payment, deferment options, provisions for default, and a maximum and minimum loan award as determined by an indexing system. Said office shall also provide the estimated costs of operating said program and a schedule of estimated revenue to be generated by application fees and loan repayment. Said office is further authorized and directed to generate revenues from the collection of nominal application fees to defray the additional costs of administering said program. Said office shall annually submit guidelines, cost estimates, and revenue schedules to the clerk of the house of representatives, the house and senate committees on ways and means, and the joint committee on education, arts and humanities no later than October first of each year.

SECTION 324. Pursuant to section 3 of Chapter 62D of the General Laws, the department of revenue shall assist the Massachusetts Higher Education Assistance Corporation and the New England Loan Marketing Corporation in the collection of delinquent student loan repayments.

SECTION 325. Notwithstanding any general or special law to the contrary, the University of Massachusetts is hereby authorized and directed to retain not more than ten million dollars in any unspent tuition retention revenues generated in fiscal year nineteen hundred and ninety-three for expenditure in fiscal year nineteen hundred and ninety-four.

SECTION 326. (a) There is hereby established a retirement incentive for certain higher education employees of the commonwealth eligible pursuant to this section. Subject to the acceptance of this section by the higher education coordinating council, and notwithstanding the provisions of chapter thirty-two of the General Laws or any general or special law to the contrary, the state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall establish and implement said retirement incentive for higher education employees, hereinafter referred to as the retirement incentive program, in accordance with the provisions of this section; provided, that in order to be deemed eligible by said board for any of the benefit options under the retirement incentive program, an employee (i) shall be a higher education employee of the commonwealth on the effective date of this act, (ii) shall have been a member in active service of the state retirement system on July first, nineteen hundred and ninety-two, (iii) shall be classified in Group 1 or Group 2 of said retirement system in accordance with the provisions of paragraph (g) of subdivision (2) of section three of said chapter thirty-two, (iv) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five of said chapter thirty-two or of subdivision (1) of section ten of said chapter thirty-two upon the date of his written application with said board, and (v) shall have filed such written application with said board in accordance with this section.

Said retirement incentive shall be available to no more than seven hundred and fifty full-time equivalent faculty personnel, three hundred and seventy-five full-time equivalent administrative personnel, and three hundred and seventy-five full-time equivalent classified personnel; provided, that the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service; provided, further, that said applications shall be delivered by mail. No employee shall be eligible for more than one of the incentives offered herein and no employee may become eligible for one incentive by virtue of the application of a different incentive.

For the purposes of this section, words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. Any eligible employee who retires and receives and additional benefit in accordance with the provisions of this section shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two.

(b) Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that requires a retirement date within four months of the filing of an application for superannuation retirement, in order to receive the retirement benefit provided by this act, an eligible employee, shall file his application for retirement under the provisions of this act with the state retirement board after July first, nineteen hundred and ninety-three but no later than August fifteenth, nineteen hundred and ninety-three; provided, that the retirement date requested shall be December thirty-first, nineteen hundred and ninety-three for all classified employees of institutions of higher education and shall be either December thirty-first, nineteen hundred and ninety-three, or June thirtieth, nineteen hundred and ninety-four for faculty and administrative employees of institutions of higher education; provided further, that the date requested by a faculty or administrative employee under the provisions of this section shall be subject to approval by said employee's appointing authority; provided, further, that such approval shall only relate to the choice of dates by said employee; provided further that said faculty employees who retire on June thirtieth, nineteen hundred and ninety-four shall receive a retirement allowance, beginning on July first, nineteen hundred and ninety-four, as if they retired on December thirty-first, nineteen hundred and ninety-three with said retirement incentive.

(c) Any employee who is eligible for the retirement incentive program in accordance with the provisions of subsection (a) of this section may request in his application for retirement that the state retirement board credit him with an additional retirement benefit in accordance with the provisions of this section; provided, that each such employee shall request and receive five years of creditable service or five years of age or a combination of years of creditable service and years of age, the sum of which shall not be greater than five years, for the purposes of determining his superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of chapter thirty-two of the General Laws.

Notwithstanding such credit, the total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of said section five of said chapter thirty-two, of any employee who retires and receives the retirement benefit provided by this act shall not exceed four-fifths of the average annual rate of his regular compensation as determined in accordance with said section five of said chapter thirty-two.

(d) For any married employee who retires and receives an additional benefit under the retirement incentive program, an election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws shall not be valid unless (i) its is accompanied by the signature of the member's spouse indicating the member's spouse's knowledge and understanding of the retirement option selected, or (ii) the spouse has received notice of such election. If any member who is married files an election which is not so accompanied the state retirement board shall within fifteen days notify the member's spouse by registered mail of the option election, and the election shall not take effect until thirty days following the date on which such notification is sent, and such election may be changed by the member at any time within said thirty days, or at any other time permitted under said chapter thirty-two. Nothing in this section shall be deemed to affect the effective date of any retirement allowance, but in the event of any election having been filed which is not so accompanied, the payment of any allowance so elected shall not be commenced earlier than thirty days after the sending by the retirement board of the notice required hereunder.

(e) The ancillary costs attributable to any employee of any institution of higher education who retires under the optional retirement plan established by this act, limited to the payment of accrued vacation, unused sick leave or any other severance payment, shall be paid out of the sums appropriated or otherwise made available to institutions of higher education for the fiscal year nineteen hundred and ninety-four; provided, that said institutions shall not receive additional supplemental funds for the payment of any costs attributable to the retirement incentive plan including said ancillary costs. Any employee who so retires under the provisions of this section shall not pay more for health insurance than the percentage contribution charged to any other retiree of said institutions with comparable health insurance coverage; provided, that said institutions shall not receive additional supplemental funds to pay said insurance costs.

(f) The state retirement board, established under the provisions of section eighteen of chapter ten, shall provide retirement counseling services to employees who choose to retire under the retirement incentive program. Said counseling shall include, but not be limited, the following provisions; (i) the additional benefit options available under the retirement incentive program; (ii) the election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws; (iii) restrictions on employment after retirement; (iv) the provision of health care benefits under the provisions of chapter thirty-two A of the General Laws; (v) the payment of cost of living adjustments; and (vi) the effect of federal and state income taxation. Each such employee shall sign a sworn statement that he has received such counseling prior to the approval by the state retirement board of such employees' application for superannuation retirement and additional benefits under said retirement incentive program.

(g) The commissioner of public employee retirement administration shall analyze, study, and valuate the costs attributable to the additional benefits payable under the retirement incentive program in accordance with the provisions of this act; provided, that said commissioner shall file the report with the secretary of administration and finance, the joint committee on public service and the house and senate committees on ways and means on or before August thirty-first, nineteen hundred and ninety-three.

(h) The comptroller shall transfer funds from items 7100-0200, 7109-0100, 7110-0100, 7112-0100, 7103-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100, 7118-0100, 7119-0100, 7502-0100, 7503-0100, 7504-0100, 7505-0100, 7506-0100, 7507-0100, 7508-0100, 7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7516-0100, 7518-0100, and 7519-0100 of section two of this act pursuant to the provisions of item 1599-9500 of section two C of this act.

The comptroller, after consultation with the chancellor of higher education, shall determine the amount available in said reserve account after the transfers and expenditures authorized by this subsection are made which are attributable to retirees who were employees of (i) state universities; (ii) state colleges and (iii) state community colleges. The comptroller shall make available to the higher education coordinating council for expenditure, subject to appropriation, said available amount; provided that said council shall use such funds for expenses associated with the category of institutions of higher education attributable to the retirees who were employed by such category of institution of higher education.

The secretary of administration and finance may promulgate rules and regulations to enforce the provisions of this subsection. Said secretary shall file monthly reports with the house and senate committees on ways and means detailing all actions taken pursuant to this section.

(i) The chancellor of higher education shall list each position which shall be made vacant by the retirement of an employee under the retirement incentive program and who shall be receiving an additional benefit in accordance with the provisions of this act and shall file such list with the joint committee on public service and the house and senate committees on ways and means on or before August thirty-first, nineteen hundred and ninety-three; provided, that for each such position, such list shall include the line-item of section two or two B of this act in which such position is funded, if any, the classification title of such position, the salary range for such title and the salary payable to the person who so retired from such position.

(j) Notwithstanding any general or special law to the contrary, institutions of higher education may refill positions made vacant due to participants in the early retirement program established by this section in accordance with an allocation plan promulgated by the higher education coordinating council in accordance with this subsection.

Said plan shall provide that not more than seventy-five percent of such faculty positions may be refilled and that not more than fifty percent of administrative and classified sections may be refilled; provided, however, that such plan shall allocate refill authorizations to the university of Massachusetts, the state colleges and the community colleges in proportion to the number of retirees from said categories of institutions; provided, that no position which was vacant prior to April first, nineteen hundred and ninety-three may be filled without further appropriation for said purpose.

SECTION 327. The commissioner of the department of education shall assess the need for comprehensive child and family services to be delivered in primary and secondary schools of the commonwealth; and based on such need, develop a plan for primary and secondary schools to offer health, mental health and social services to students and their families, in partnership with other public and private child and family-serving agencies. Said plan shall be developed in consultation with the secretary of the executive office of health and human services, the deputy commissioner for medicaid, the commissioner of the department of public health, the commissioner of the department of mental health, the commissioner of the department of youth services, the commissioner of the office for children, the commissioner of the department of social services and the commissioner of the department of mental retardation or their designees.

Said plan shall address the health, mental health, social service and other related service needs of the commonwealth's children and their families, and shall identify a mechanism for funding such services. Said plan shall include a review of existing financial resources including the cigarette tax revenues earmarked for school-based health and human services, the medicaid EPSDT program, federal funds, and the blending of any and all public and private resources necessary for children and adolescents to succeed in school and in the community. Said plan shall be submitted to the joint committees on education, health care, human services and elderly affairs, house and senate ways and means and the Legislative Children's Caucus no later than April first, nineteen hundred and ninety-four.

SECTION 328. Notwithstanding any special or general law to the contrary, any city or town may install flashing school zone speed limit signs or any street within their control within one thousand feet of a school building; provided, however, that the school zone established under this section shall be on a street not abutting the school property; provided, further, that the school shall involve one or more grades below Grade 9; provided, further, that the school zone contains one or more marked cross walks; provided, further, that the school zone not be longer than six hundred feet if containing one marked crosswalk, or one thousand feet if containing two or more marked crosswalks; and, provided, further, that any traffic control devices used herewith shall be in accordance with the provisions of chapter eighty-five, section two of the General Laws.

SECTION 329. The governor shall make the designation required under section one of chapter twenty-three F of the General Laws within seven days after the effective date of this act.

SECTION 330. Chapter twenty-three F of the General Laws shall not apply to the request-for-proposals issued prior to the effective date of this act by the executive office of economic affairs to create the Massachusetts technology deployment partnering for the purpose of granting assistance under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act.

Prior to making any application under the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, the project shall provide a copy of such application for review and comment to the house and senate chairs of the joint committee on commerce and labor.

SECTION 331. Notwithstanding the provisions of chapters one hundred forty-nine and one hundred fifty-one of the General Laws, or any other general or special law to the contrary, the following responsibilities and functions of the department of labor and industries, and of the commissioner of said department, together with the necessary powers to perform these responsibilities and functions, are transferred to the attorney general: field inspection, investigation and prosecution to enforce all laws pertaining to wages, hours and working conditions, child labor and workplace safety, and fair competition for bidders on public construction jobs, including enforcement of the provisions of chapters one hundred and forty-nine and one hundred and fifty-one of the General Laws, as well as all regulations promulgated by the commissioner of labor and industries thereunder, with the exception of those laws and regulations pertaining to lead and asbestos hazards which the department of labor and industries is currently charged with enforcing, and with the exception of those workplace hygienic standards which the department's division of occupational hygiene currently enforces. In addition to retaining his responsibilities to administer and enforce said lead and asbestos laws and regulations, and his overseeing of the work of the division of occupational hygiene, the commissioner of labor and industries shall remain responsible for promulgating rules and regulations as required by the laws, and for all licensing, occupational statistics-gathering and apprenticeship training duties he currently performs.

The office of the attorney general shall assume all the powers of investigation and enforcement granted by chapters twenty-three, one hundred and forty-nine and one hundred and fifty-one to the commissioner of labor and industries, including the power to enter places of employment for examination and investigation, and to have access to all records pertaining to wages, hours and conditions of employment necessary for its investigations.

SECTION 332. Notwithstanding any law to the contrary, the commissioner of labor and industries in consultation with the commissioner of public health shall report to the house and senate ways and means committees on or before October first, nineteen hundred and ninety-three the technologies already approved and available and those expected to be approved and available in the reasonably foreseeable future for making residential dwellings lead-safe, including but not limited to the encapsulation of paint, plaster, or other accessible structural material such as a polymer-based coating which can be painted or sprayed.

Notwithstanding any law to the contrary, the commissioner of labor and industries in consultation with the commissioner of public health shall report to the house and senate ways and means committees on or before December first, nineteen hundred and ninety-three his recommendations regarding occupancy or vacancy requirements in a dwelling unit while the deleading process such as removal, covering, or encapsulation is taking place. Said commissioner of labor and industry shall prescribe in his recommendations the requirements for licensure of contractors or nonlicensure of private owners who are authorized to remove, cover or encapsulate in the deleading process and may set in his recommendations the conditions and restrictions governing the revocation and suspension of said licenses and such work practices required to protect against lead paint hazards created by or encountered in the work of painters and painting contractors. Such recommendations shall prescribe the local approval process before said deleading work begins and local inspection process upon completion of the deleading such as removal, covering, or encapsulation.

SECTION 333. The trustees of the Workers Compensation Trust Fund shall perform a financial needs analysis of the Second-Injury Fund to determine future claims and financial exposure for the fund. Said trustees shall file a report of their findings with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 334. A working knowledge of workers' compensation and related laws is hereby added to the formal minimum requirements for appointment to administrative judge and administrative law judge positions at the department of industrial accidents. Candidates for administrative judge positions at the department of industrial accidents shall also be tested to demonstrate that they can produce a memorandum of decision of acceptable quality under time constraints.

SECTION 335. No later than ninety days after the effective date of this act, the state house building operation manager shall put into place a system to recycle newspapers or report back to the general court with a plan that will expeditiously establish such a system.

SECTION 336. There is hereby established the Eugene H. Rooney, Jr. Public Service Award. Said award shall be given annually to an employee of the commonwealth or one of its political subdivisions who best exemplifies excellence in the field of human resource development and training. The personnel administrator of the commonwealth, in consultation with the civil service commission, shall promulgate rules and regulations governing the selection process used to select the award recipient. The personnel administrator shall file copies of such rules and regulations with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 337. Notwithstanding the provisions of any general or special law to the contrary and in order to promote the public good, the state retirement board is hereby authorized and directed to credit Lucille Deguire with an additional four years and two months of creditable service, for the purpose of determining her superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of chapter thirty-two of the General Laws; provided, however, that before the date any retirement allowance becomes effective, said Lucille Deguire shall pay into the annuity savings fund of the state retirement system in one sum, or in installments, upon such terms and conditions as the board may prescribe, an amount equal to that which would have been withheld as regular deductions from her regular compensation for the period of May first, nineteen hundred and seventy-nine through June thirtieth, nineteen hundred and eighty-three. In addition to the payment of the amount required by the preceding sentence, said Lucille Deguire shall also pay into the annuity savings fund an amount of interest such that upon the completion of such payments the value of her accumulated payments under this paragraph, together with interest thereon, shall equal the value of her accumulated regular deductions for such period which would have resulted if such deductions had actually been made.

SECTION 338. The Statewide Emergency Telecommunication Board in consultation with the Office for Refugees and Immigrants shall conduct a study of the feasibility of making the enhanced 911 service accessible to linguistic minorities. The Board shall issue a report no later than October first, nineteen hundred and ninety-four.

SECTION 339. Notwithstanding the provisions of any general or special law to the contrary, the register of deeds of Hampden county is hereby authorized to establish a pilot program in said county to be funded by a user's fee. Said pilot program shall consist of a plan established by the register to levy and collect a user fee of twenty-five dollars to be assessed and paid for and in respect of the deeds, instruments and writings recorded or to be recorded in said county, which shall be in addition to the excise on said deeds, instruments and writings set forth in section one of chapter sixty-four D and section thirty-eight of chapter two hundred sixty-two, and the provisions of section eleven of said chapter sixty-four D shall not apply and shall not be considered a part of the Fund established by said section eleven.

Said register shall use the funds assessed and collected in accordance with the plan set forth in the previous paragraph for any and all purposes necessary to operate and maintain the Hampden county registry of deeds in a proper and efficient manner. Said register shall prepare a budget and a proposed spending plan which shall be submitted to the house and senate committees on ways and means for their approval. In the event that said funds are not used in accordance with said approved spending plan they shall revert to the General Fund. Said program shall expire on June thirtieth, nineteen hundred and ninety-six.

SECTION 340. Notwithstanding the provisions of any general or special law to the contrary, the Martha's Vineyard Commission may, by majority vote of its members, incur a one time debt not to exceed the sum of four hundred thousand dollars for the purpose of rehabilitating and bringing into compliance with all local and state and federal codes, a series of three buildings which formally were used to house the Cooperative Extension Service in Dukes County, which said Dukes County Commissioners are authorized to deed to said Martha's Vineyard Commission for the purposes of providing office and meeting room facilities for said Commission and further the Dukes County Commissioners are authorized to lease said land upon which the structures in question now sit to said Martha's Vineyard Commission.

SECTION 341. Notwithstanding the provisions of section fifty-three of chapter forty-four of the General Laws, or any other general or special law to the contrary, the town of Bolton may establish in the town treasury a revolving fund which shall be kept separate and apart from all other monies by the treasurer of said town, and in which shall be deposited all monies received by the treasurer of said town from fines for the violation of statutes and by by-laws related to the operation and control of motor vehicles including parking fines. The principal and interest thereon shall be expended without further appropriation, at the direction of the chief of police, with the prior written approval of the board of selectmen, for the payment of wages, and vehicle and other associated expenses of a two person highway safety unit. Any unexpended monies shall revert to the general fund of said town as ordered by the selectmen one year after passage of this bill; provided that provisions of this section shall not become effective until the town of Bolton has accepted the provisions of this section".

SECTION 342. Notwithstanding the provisions of chapter 59 of the General Laws, the town of Monterey may adopt a bylaw providing a real estate tax exemption to persons serving as members of the Volunteer Fire Department pursuant to this section.

Said bylaw shall provide that not later than ninety days prior to the beginning of the fiscal year, the Chief of the Fire Department shall certify to the Board of Assessors the names of each individual and the real estate for which an exemption is sought, provided that (a) said real estate shall be occupied and owned by said individual as his or her domicile, or occupied as his or her domicile but owned by a member of the immediate family; (b) no individual shall be certified if said individual has not been a member in good standing of the fire department for at least twelve months prior to such certification; (c) not more than twenty-four individuals shall be certified for any fiscal year, exclusive of any exemption granted to a retired member under the provisions of this section; and (d) no such exemption shall exceed the sum of one thousand five hundred dollars in any one fiscal year; provided, however, that said bylaw may provide for an annual increase of such amount based on an index approved by the commissioner of revenue.

Said bylaw shall also provide that any retired member of the town's volunteer Fire Department shall be eligible for at least seventy percent of such allowable exemption, or such other greater amount, as determined by bylaw; provided, however, that such individual has reached his or her sixtieth birthday prior to the fiscal year for which an exemption is being sought, and has served as a member of the Fire Department for not less than fifteen years immediately preceding his or her sixtieth birthday. Any individual receiving an exemption under the provisions of this act shall continue to receive such exemption regardless of any permanent disability which bars him from participation in the volunteer Fire Department.

SECTION 343. Notwithstanding the provisions of any general or special law to the contrary, the city of Brockton is hereby authorized to lay out and accept as public ways any of the ways listed in the manner set forth herein:

(1.) The planning board for the city of Brockton shall hold a public hearing on the issue of the laying out and acceptance as public ways of the ways listed in a document by October first, nineteen hundred and ninety-three on file with the city clerk, at which time interested persons shall be given an opportunity to be heard. Within twenty-one days after said hearing, the planning board shall submit a communication to the city council with its recommendations as to which ways said document should be laid out and accepted as public ways by the city of Brockton.

(2.) The city clerk shall prepare an order laying out and accepting as public ways those ways recommended by the planning board. This order shall be introduced at the city council meeting at which the communication from the planning board is received.

(3.) The order shall be referred to a standing committee of the city council, or a special committee appointed and designated by the president of the council for the sole purpose of considering the issue of the laying out and acceptance as public ways of those ways contained in the order. If the president of the city council appoints and designates such a committee, the president shall designate a chairman.

(4.) The chairman of the standing committee or special committee to which the order has been referred shall, within forty-five days of the referral of the order, schedule a public hearing on the order.

(5.) At least fourteen days prior to the scheduled public hearing, the board of assessors shall cause written notice of the intention of the city to lay out and accept as a public way and of the intention to hold a public hearing thereon to be sent to the owners of land abutting or being a part of such ways identified in the order. In addition, the city clerk shall cause notice of the city's intention to lay out and accept as public ways those ways identified in the order to be published in the newspaper of general circulation in the city once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing. In addition, the city clerk shall cause to be posted such notice in a conspicuous place in the city hall for a period of not less than fourteen days before the day of such hearing.

(6.) The standing committee or special committee shall report to the full council within fourteen days of the public hearing. Such report shall contain recommendations as to which ways identified in the order should be accepted and which ways identified in the order should not be accepted.

(7.) The city council may then amend, adopt, or reject the order.

(8.) Upon adoption of such order, the order shall be subject to the approval or veto by the mayor as provided in section 55 of the city charter. If the mayor approves the order, or if the city council, notwithstanding the mayor's disapproval shall again pass such order by a two-thirds vote, the ways contained in the final order shall be considered laid out and shall be considered public ways.

SECTION 344. The department of environmental management is hereby authorized and directed to complete the rehabilitation of Fort Meadow Dam in the city of Marlborough and the town of Hudson not later than June thirtieth, nineteen hundred and ninety-four, pursuant to the provisions of section two of chapter five hundred seventy-eight of the acts of nineteen hundred and eighty.

SECTION 345. Notwithstanding any general or special law or rule or regulation to the contrary, the commissioner of revenue shall determine the fair cash value of the land owned by the commonwealth in the town of New Braintree and used for purposes of a state police academy, and reimbursement for loss of taxes on said land shall be made to the town of New Braintree in accordance with section thirteen of chapter fifty-eight of the General Laws, as if said land were one of the commonwealth lands listed in said section thirteen of said chapter fifty-eight of the General Laws.

SECTION 346. The division of capital planning and operations is hereby authorized and directed to sell water at a fair market price to the town of New Braintree for the purpose of providing drinking water and fire protection to the recently approved elementary school to be constructed in the town of New Braintree.

The town of New Braintree shall absolve the commonwealth of any and all liability in this regard and will fund any and all construction costs, metering and associated costs of this proposal. The town of New Braintree shall be allowed a maximum of ten thousand gallons of water per day during the school year.

The water shall be provided from the department of public safety state police training facility water supply located on West Brookfield Road in said town of New Braintree.

SECTION 347. Notwithstanding the provisions of any general or special law or regulation to the contrary, any order of conditions issued pursuant to the provisions of section forty of chapter one hundred and thirty-one of the General Laws or any local ordinance or bylaw by the conservation commission of the town of Plymouth or the town of Duxbury, that permits activities for the protection of the environment of the barrier beach known as Duxbury Beach within the said towns of Plymouth and Duxbury being that beach fronting the Atlantic Ocean running from Gurnet road in the town of Duxbury to the Gurnet/Saquish landfall in the town of Plymouth, and particularly for the protection against or prevention of beach, dune, or coastal erosion, including without limitation planting, construction of snow fencing or post and cable fencing, construction, reconstruction, and repair of any sacrificial or barrier dune or portions thereof, and maintenance and reconstruction of existing structures, including without limitation fencing, plantings, boardwalks, parking areas, and roadways; or for the construction and maintenance of a roadway for off-road vehicles to provide access to and egress from Gurnet and Saquish; or related to active or passive recreation on Duxbury Beach, including without limitation bathing, picnicking, hiking, swimming, hunting in season, fishing, and the operation of off-road vehicles; or for the protection of threatened or endangered wildlife species on Duxbury Beach, shall not be stayed during the pendency of a judicial or administrative appeal.

The activities permitted by any such order of conditions shall be allowed to continue during said appeal, but only if said activities conform to the conditions set forth in the order of conditions and any superseding order of conditions issued pursuant to section forty of chapter one hundred and thirty-one of the General Laws.

The provisions of this section shall cease to apply to any activities described herein with respect to which all administrative appeal periods have elapsed, and all administrative proceedings have been completed and a final order of conditions or final superseding order of conditions has issued. Nothing contained herein shall be construed as a stay of any final decision of any administrative body not subject to further administrative appeal, or of any judicial body.

SECTION 348. Notwithstanding the limitations imposed by the first paragraph of section nineteen of chapter forty-four of the General Laws, or by any other applicable provision of law with respect to annual payments of bonds or notes, any maturities of each issue of bonds or notes issued for the Water Treatment Plant authorized by a vote of the town of Winchester on June third, nineteen hundred and ninety-three may be arranged so that for each issue the amounts payable in the several years for principal and interests combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue such bonds or notes.

SECTION 349. Notwithstanding the limitations imposed by the first paragraph of section nineteen of chapter forty-four of the General Laws or by any other applicable provision of law with respect to annual payments of bonds or notes, any maturities of each issue of bonds or notes issued for the Library Renovation Project of the town of Winchester for which monies for the design were appropriated on May twenty-seventh, nineteen hundred and ninety-three, may be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue such bonds or notes.

SECTION 350. Notwithstanding the provisions of section five of chapter three of the General Laws, or any other general or special law to the contrary, the Alliance of Cambridge Settlement Houses, Inc., is hereby revived for the sole purpose of reconveying and retransferring to the East End House, Inc., all of its real property. The director of the Cambridge Redevelopment Authority shall be appointed to act as a receiver for and on behalf of said Alliance.

The dissolution of said Alliance shall not become effective unless and until the receiver, acting for and on behalf of said Alliance, shall have reconveyed and retransferred to the East End House, Inc. all of its real property and shall be completed and effective upon the filing with the secretary of the commonwealth and the recording in the office of the register of deeds for Middlesex county, within one year of the passage of this act, of a certificate signed by the receiver that the conditions of this section have been satisfied.

Whatever right or authority is granted or conferred by this section are declared to be limited to such authority or right as the general court may constitutionally grant or confer, without prejudice to any proceeding that may be instituted in any court of competent jurisdiction to effect the purposes of this section. If the application of any provision of this section to any property or funds held by any of said corporations shall be held invalid, the application of such provision to property and funds other than those as to which it is held invalid shall not be affected thereby.

SECTION 351. The division of capital planning and operations shall conduct a study and prepare a plan for the renovation of the courthouse of the Charlestown division of the district court department, shall estimate the cost of the renovation, and shall report the results to the chief justice for administration and management of the trial court by November first, nineteen hundred and ninety-three. Said study shall include, to the maximum extent possible, consideration of any available federal funds, funds that might be available from local, federal or private sources due to the historic significance of the court and its location, and revenues that might result from a use or uses of the site in addition to a court. In conducting said study and preparing said plan, the division of capital planning and operations shall consult with federal, state, and local historic preservation and tourism officials, and with representatives of the Charlestown community, shall receive assistance and support from other agencies and departments of state government, and may consult with any other governmental or nongovernmental agency.

SECTION 352. The metropolitan district commission shall conduct a study and propose plans, if necessary, for general restoration, rehabilitation and construction by said commission and any improvements related thereto, including, but not limited to, materials, furnishings and equipment at the Saxton J. Foss Park, George Dilboy Field, and Hormel Stadium.

SECTION 353. The sheriff of Essex county and the district attorney of Essex county are hereby authorized and directed to develop a plan for a pilot program in Essex county for the use of video transmission for the purposes of providing incarcerated prisoners and others access to the courts through remote appearances. Said plan shall include a complete cost-benefit analysis of its implementation. Said plan shall be filed with the clerks of the senate and house of representatives no later than September thirtieth, nineteen hundred and ninety-three.

SECTION 354. Notwithstanding the provisions of any general or special law to the contrary, the secretary for administration and finance is hereby authorized and directed to conduct a study relative to the feasibility and fiscal advantages or disadvantages of establishing and developing a photo identification card system for recipients of benefits under any program administered by the department of public welfare and the division of medical assistance. Said study shall include, but not be limited to, an analysis of the effect said system would have on the incidence of fraud within said programs particularly when compared with photo identification systems in place in other states or cities, the comparative costs of establishing and maintaining within said department or by contracting out the establishment and maintenance of said system to private vendors or other state agencies, waivers that may be necessary under federal laws and regulations and an analysis of which recipients, such as children in receipt of aid to families with dependent children, who might be required to participate in said photo identification system. The secretary shall submit said report to the house and senate committees on ways and means no later than January thirty-first, nineteen hundred and ninety-four.

SECTION 355. The secretary of administration and finance is hereby directed, in coordination with the director of the Springfield civic center, to study the funding level required to provide high quality convention and entertainment space at said center. A report of the findings of said study, along with drafts of recommended legislation, if any, shall be submitted to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-three.

SECTION 356. The joint committee on public safety is hereby authorized and directed to conduct a study and draft legislation as to how best implement the security of the state house and the state office buildings and the property and personnel therein.

Said study shall be completed and reported to the clerk of the house of representatives on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 357. The executive office for administration and finance, in coordination with the department of mental retardation is hereby authorized and directed to conduct a study of the feasibility of implementing cost sharing programs within the department of mental retardation. Said study shall include, but not be limited to, a survey of existing cost sharing programs including cash subsidies, vouchers for services, and residential and vocational cost sharing programs, as well as projected revenues from the implementation of a sliding scale fee. Said study shall also include estimates of costs and recommendations for expanding or implementing cost sharing and sliding scale fee programs. The findings of said study shall be submitted to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 358. Notwithstanding any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to conduct a study of the police career incentive pay program or Quinn bill, so called, pursuant to section one hundred and eight L of chapter forty-one of the General Laws. Said study shall include but not be limited to the cost of said program to the commonwealth, the cost of said program to the various municipalities that have accepted the provisions of said program and a comparative analysis of the available incentive pay program salary differentials.

SECTION 359. The executive office of health and human services shall investigate and study the geographic distribution throughout the commonwealth of the resources and facilities of the departments of mental health and mental retardation. Said executive office shall report its findings in writing to the house and senate committees on ways and means and the joint committee on human services and elder affairs not later than March first, nineteen hundred and ninety-four.

SECTION 360. Notwithstanding the provisions of any general or special law to the contrary, the treasurer, in consultation with the state board of retirement and the teachers' retirement board, is hereby authorized and directed to cause an independent study to be conducted of the computer systems in use within the office of the state treasurer for the administration of the state employees' retirement system and the teachers' retirement system and for the management of the assets of said retirement systems. Said study shall be conducted by a consultant selected by the treasurer, subject to the approval of the state board of retirement and the teachers' retirement board, and shall include, but not be limited to, an assessment of the relative benefit, including cost and efficiency, of continuing to maintain one computer system for both the state board of retirement and the teachers' retirement board or the procurement of an independent system for each retirement board. Expenditures for said study shall be limited to forty thousand dollars which shall be paid in equal amounts from the investment income accounts of said retirement systems. The treasurer shall file a copy of said study with the senate and house committees on ways and means and with the joint committee on public service. In the event that said study recommends maintenance or upgrade of said computer systems, the purchase of a new system, or the purchase of separate systems, the state board of retirement and the teachers' retirement board shall, in consultation with the treasurer, each adopt a budget for the implementation of said recommendations. Said budgets shall be filed with the senate and house committees on ways and means upon adoption. Said budgets shall be paid from the investment income account of the respective retirement system without further appropriation.

SECTION 361. The department of public welfare is authorized and to directed to conduct a study of the feasibility and cost effectiveness of awarding financial assistance in the form of rent payments to eligible welfare recipients directly to the recipient's landlord by check or electronic funds transfer, which shall be tendered within the first ten days of each month. Said department shall report the results of its study to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety three.

SECTION 362. The department of public welfare is hereby authorized and directed to study the feasibility of developing a clothing allowance voucher system. Said study shall include, but not be limited to, the pursuit of federal waivers that may be necessary to establish such system and a determination of businesses that would accept such clothing vouchers. A report detailing the findings and recommendations of said study shall be filed with the house and senate committees on ways and means, on or before January fifteenth, nineteen hundred and ninety-four.

SECTION 363. The department of mental health is hereby authorized and directed to conduct a study of services for homeless mentally ill persons in the commonwealth. Said report shall include: (1) an estimate of the number of homeless mentally ill individuals in each catchment area of the department and recommendations for providing services to such individuals; (2) recommendations for state funding; (3) evaluations of capital pooling resources; (4) assessment of the role of rental vouchers; and (5) the potential of the department of obtain federal grants. Said department shall report the results of said study by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means on or before the first Wednesday in December, nineteen hundred and ninety-three.

SECTION 364. The secretary of elder affairs is hereby directed to conduct a study relative to the distribution of all funds including Title III and other federal funds by the executive office of elder affairs. Said secretary shall report the results of said study and his recommendations, if any, together with drafts of legislation to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before the first Wednesday in December, nineteen hundred and ninety-three.

SECTION 365. The secretary of health and human services, in consultation with the commissioner of the department of medical security, the commissioner of insurance and the secretary of elder affairs, is hereby authorized and directed to prepare a study and plan for implementing a prescription drug expense assistance program pursuant to this section. Said plan shall provide that persons age sixty-five or older or disabled receiving medicare benefits whose income is not higher than two hundred and fifty percent of the federal poverty level and who are not eligible for medical assistance pursuant to chapter one hundred and eighteen E of the General Laws shall be eligible for said program. Benefits provided under said program shall, to the extent feasible, be calculated on a sliding scale so that the amount of assistance decreases for persons with higher incomes. Said plan may provide for other eligibility standards and application and verification procedures.

Said plan shall specify a schedule of benefits, copayments, covered drugs, covered diagnoses and other requirements. Said benefits may be coordinated with or subsidize insurance coverage for prescription drug costs. Said plan may include incentives or requirements to increase the cost effectiveness of the program. Said plan may include the negotiation of rebates or other contractual arrangements with drug manufacturers, drug vendors or others in connection with said program. Said plan may require a utilization review program to restrict inappropriate or excessive usage. Said plan may include cooperation with the group insurance commission or the medical assistance program in establishing and administering the program.

No later than October fifteenth, nineteen hundred and ninety-three, said secretary shall file with the joint committee on insurance and with the house and senate committees on way and means said study and plan pursuant to this section. Said study shall provide the recommendations of the secretary, a detailed explanation of the estimated costs of implementing the plan recommended, a breakdown of the persons to be served and the costs incurred in serving such persons, and such other information as the secretary may include. Said study and plan may list various options or alternative programs and the estimated costs of implementing such options or alternatives. Said study may also consider requiring all insurers who offer non-group medicare supplemental insurance to limit reimbursement for prescription drugs to those drugs contained in a formulary authorized by the law.

SECTION 366. The group insurance commission is hereby authorized and directed to review the feasibility and fiscal soundness for the commonwealth of entering into an administrative services or similar contract with health maintenance organizations, preferred provider organizations, independent practice associations, and other health care organizations. The intent is to achieve savings on premiums paid to said organizations by having the commonwealth self insure and pay said organizations an administrative fee only. The results of said review shall be reported by the commission to the clerks of the house and senate and the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 367. The department of youth services is hereby directed to develop a plan, in compliance with the requirements of the federal Adoption Assistance and Child Welfare Act of 1980, for the provision of foster care maintenance payments, and to submit said plan for the approval of the Secretary of Health and Human Services of the United States.

SECTION 368. The commissioner of the department of youth services is hereby authorized and directed to promulgate rules and regulations as necessary to comply with the provisions of the Adoption Assistance and Child Welfare Act of 1980, after August first, nineteen hundred and ninety-three and not later than November first, nineteen hundred and ninety-three.

SECTION 369. The commissioner of insurance is hereby authorized and directed to conduct a study of discrimination by non-profit hospital and medical service corporations in contracting with hospitals of the commonwealth. Said report shall be filed with the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 370. The commissioner of insurance is hereby authorized and directed to implement a study on the feasibility of a program of training for local police departments to investigate automobile accidents and the possibility of assessing those companies which offer automobile insurance in the commonwealth for the costs of such program. Said commissioner shall report the results of such study by filing the same with the clerks of the senate and house of representatives not later than April fifteenth, nineteen hundred and ninety-four.

SECTION 371. (a) The division of capital planning and operations, with the advice of the task force defined in subsection (g), is hereby directed to develop a master plan for the Boston state hospital site as a guide to the redevelopment of said site. The commissioner may consider the development guidelines adopted by the citizens advisory committee in May nineteen hundred and ninety-three in the formulation of the master plan. Said master plan shall include the following:

(1) A description and site plans of the property, a narrative and graphic presentation of the characteristics of the existing conditions of the site, boundaries of legally protected wetlands, and boundaries of open space for recreational as well as buffer zones between the abutting neighborhoods and the redevelopment of the Boston state hospital site;

(2) A determination of the structural soundness of buildings on the site, and recommendations for demolition or securing unsound or unsafe buildings, as appropriate;

(3) A management and maintenance plan that will provide for care of grounds, open space, buffer areas or other land areas critical to the operation and appearance of land uses on the redevelopment site;

(4) Consideration of areawide traffic impact on neighborhoods abutting the site; provided, that the primary purpose of planning and related traffic changes shall be the improvement of pedestrian safety and automobile access to the site;

(5) Evaluation by the Massachusetts Bay Transportation Authority of the transit needs of the Mattapan, Dorchester, Roxbury and Jamaica Plain neighborhoods created by future redevelopment uses;

(6) Identification of all environmentally sensitive areas and agriculturally significant soils and, where appropriate, a description of mechanisms to protect conservation restrictions, easements, covenants, and to provide protection and community access; provided, that early attention to state environmental review requirements shall be part of the planning and land disposition process;

(7) A determination of appropriate parcelization, land use, community benefits, and development guidelines to maximize the economic potential of the site, job creation opportunities and the option of parcelization for future use or development of a portion of the site by the department of mental health;

(8) A complete feasibility analysis that compares the costs and benefits of alternative land uses and their community benefits, including, but not limited to, office space, light manufacturing, housing, mental health facilities, public and private educational facilities public health, hospital or research facilities, open space, agricultural, recreational, and related uses, and takes into consideration the continuing operation of the programs of agencies of the commonwealth on contiguous parcels and specifications of public-private finance options; provided, that said feasibility analysis shall include a comparison of the costs and benefits of diversification of land uses on the Boston state hospital site and shall, to the extent feasible, minimize any reliance on or use of public financing.

(9) Job creation and job training goals, including job number and wage level targets for the employment of residents of Boston state hospital area neighborhoods.

Upon completion and adoption of the master plan, the commissioner shall submit a copy of said master plan to the joint legislative committee on housing and urban development, the joint legislative committee on state administration, the house and senate committees on ways and means and the inspector general. Said master plan shall be completed no later than October first, nineteen hundred and ninety-three.

(b) The task force defined in subsection (f), through the division of capital planning and operations, may advise any developer in seeking grants and other financial aid where such advice contributes to achieving the intent of the redevelopment guidelines.

(c) The division of capital planning and operations is hereby authorized to expend a sum not to exceed five hundred thousand dollars for the purpose of preparing said master plan, requests for proposals, and land disposition agreements, including, but not limited to, hiring, planning, engineering, real estate, marketing, and legal consultants, conducting surveys, studies, appraisals, and preparing an environmental impact report, if required, to determine the costs, benefits, and guidelines for the development of the parcels and for preparing public information and providing for public participation in the development process. The division may enter into memorandums of agreement with municipal or regional governments or authorities prepare said master plan.

(d) There is hereby established a Boston state hospital interagency task force, which shall consist of the secretary of economic affairs, the secretary of transportation and construction, the secretary of environmental affairs, the secretary of health and human services and the secretary of administration and finance, or their designees. Said task force shall be charged with advising the division of capital planning and operations in the development of the master plan for the Boston state hospital site, as required by this section.

SECTION 372. There shall be a special commission on historic preservation to study the preservation and revitalization of the commonwealth's historic and cultural heritage. The commission shall be comprised of seventeen members, who shall serve without compensation. The commission shall consist of the secretary of environmental affairs or his designee; the secretary of economic affairs or his designee; the secretary of communities and development or his designee; the secretary of transportation or his designee; the secretary of the commonwealth or his designee; the state historic preservation officer or his designee; a chairman of the joint committee on natural resources and agriculture of the general court, selected by said committee; a chairman of the joint committee on commerce and labor of the general court, selected by said committee; five public members from the historic preservation community to be chosen by the governor; and four members of the general court, two from the senate to be chosen by its president, and two from the house of representatives to be selected by its speaker. The chairman of the joint committee on natural resources and agriculture shall act as chair of the commission.

The commission shall review and make recommendations to the governor and the general court regarding the appropriate scope of, and the mechanisms for the involvement of, the various agencies currently involved in historic preservation and revitalization of the historic and cultural resources of the commonwealth.

The commission shall report to the general court the results of its investigation and study, and its recommendations, if any, by filing its report with the clerks of the house of representatives and of the senate not later than December thirty-first, nineteen hundred and ninety-three.

SECTION 373. There is hereby established a special commission to consist of five members of the house of representatives, five members of the senate, the inspector general, the state auditor, and the secretary of environmental affairs for the purpose of making an investigation and study relative to the implementation of chapter thirty-six of the acts of nineteen hundred and ninety-two. Said commission shall hold a series of at least three public hearings in communities other than in the Wachusett Watershed.

The commission shall issue a report by June thirtieth, nineteen hundred and ninety-four. Said report shall contain legislation to be proposed amending or repealing said statutes, if said commission shall find such repeal or modification reasonable and appropriate.

SECTION 374. A special commission is hereby established for the purpose of making an investigation and study relative to improving procedures governing the summary process. Such investigation and study shall include a complete analysis of the following: whether a more definite method should be prescribed for giving notice of the eviction process; the time frame in which property owners may be permitted to initiate summary process actions; whether housing courts or courts of appropriate jurisdiction should allow a discretionary basis or require tenants offering a counterclaim or defense to an eviction complaint as a condition thereof to deposit into the court any rent being withheld from the landlord; whether an aggrieved tenant should be entitled to withhold rent on account thereof prior to such time as the board of health or other appropriate agency has certified that such condition constitutes a violation of state sanitary code or the landlord has had a reasonable opportunity to correct such condition after receiving notice thereof; whether the quiet enjoyment of tenants in multi-unit buildings has been impaired by the cumbersome nature of the summary process procedure, as well as, discouraged the construction of additional rental housing, particularly for those of low to moderate income. Said commission shall consist of three members of the senate, one of whom shall serve as cochairman, three members of the house of representatives, one of whom shall serve as cochairman, one person designated by each of the following: the Greater Boston Real Estate Board, the Rental Housing Association, the Massachusetts Housing Finance Agency, the Massachusetts Association of Realtors, the Massachusetts Bar Association, the Massachusetts Law Reform Institute and the Executive Office of Communities and Development; and three persons designated by each of the following: the Massachusetts Tenants Organization and the Massachusetts Affordable Housing Coalition. Said commission shall appoint an Executive Director and shall expend such sums as may be appropriated therefor to compensate said Executive Director, and for other purposes consistent herewith, up to a limit of thirty-five thousand dollars, provided however, that all such expenditures shall be borne by voluntary contributions from persons engaged in the Rental Housing Industry. Said commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation to carry its recommendations into effect, by filing the same with the clerk of the house of representatives on or before March thirty-first, nineteen hundred and ninety-four.

SECTION 375. A special commission to consist of one member of the senate, one member of the house of representatives, and seven persons to be appointed by the governor, one of whom shall be an owner of a state or federally subsidized housing development, one of whom shall represent the Massachusetts Municipal Association, one of whom shall represent the Massachusetts Water Resources Authority, one of whom shall represent the executive office of communities and development, one of whom shall represent the Massachusetts Tenants Organization, one of whom shall be a commercial property owner, and one of whom shall represent a local water and sewer rate setting authority is hereby established for the purpose of making an investigation and study relative to billing of state and federally subsidized housing units for water and sewer charges. Said study shall include, but not be limited to, the adverse financial impact of billing state and federally subsidized developments at a commercial water and sewer rate and the potential benefits of mandating that said developments be billed at residential rate. Said commission shall file a report of the findings of the commission no later than October fifteenth, nineteen hundred and ninety-three, together with proposed legislation.

SECTION 376. The secretary of the executive office of communities and development shall convene and chair a task force for the purpose of developing a plan to meet the housing needs of families with HIV infected and affected children. Said task force shall assess through focus groups and other means the unmet housing needs of families with children infected and affected by AIDS; and said task force shall develop a plan, based on that need, to meet their housing needs. Said plan shall include a mechanism for funding and enforcement of laws prohibiting housing discrimination.

The task force shall be comprised of the following members: two members of the senate chosen by the president of the senate; three members of the house chosen by the speaker of the house; the secretary of the executive office of communities and development, the secretary of health and human services, the commissioner of public health, the commissioner of mental health, the commissioner of the department of social services, the commissioner of the Massachusetts commission against discrimination, the director of medicaid, a representative of the federal department of housing and urban development, a local public health official, a representative of a local housing authority, a provider of pediatric HIV specialty care, a provider of primary care to families with HIV, a representative of the visiting nurses association, an architect with experience in accessible housing, and four parents of HIV infected children.

Said task force shall submit its policy and program recommendations to the house committee on ways and means, the senate committee on ways and means, the joint committee on health care, and the legislative children's caucus by April fifteenth, nineteen hundred and ninety-four.

SECTION 377. A special commission, to consist of three members of the senate, one of whom shall be a member of the minority party, three members of the house of representatives, one of whom shall be a member of the minority party, the secretary of the executive office of health and human services or his designee, the commissioner of the department of public health or his designee, the commissioner of the department of social services or his designee, the commissioner of the department of mental health or his designee, the commissioner of the division of insurance or his designee, the commissioner of the office for children or his designee, the commissioner of the division of medicaid or his designee, and ten persons to be appointed by the governor, one of whom shall represent the Massachusetts Healthy Families Coalition, one of whom shall represent the Children's Trust Fund, one of whom shall represent the Massachusetts Committee for Children and Youth, one of whom shall represent the Massachusetts Society for the Prevention of Cruelty to Children, one of whom shall represent the Massachusetts Chapter of the American Academy of Pediatrics, one of whom shall represent the Association of Massachusetts Parent Aid Programs, one of whom shall represent the Massachusetts Hospital Association, one of whom shall represent the Massachusetts Nurses Association, one of whom shall represent the Massachusetts Maternal Child Coordinators Network, and one whom shall represent the Massachusetts League of Neighborhood Health Centers, is hereby established for the purpose of developing a plan to implement a statewide voluntary neonatal home visiting program. Said commission shall report to the general court the results of its investigation and study and recommendations, including drafts of legislation, if any, by filing the same with the clerk of the house of representatives on or before December thirty-first, nineteen hundred and ninety-three.

SECTION 378. There shall be a commission established to consist of fifteen members; five of whom shall be members of the house of representatives appointed by the speaker of the house; three of whom shall be members of the senate appointed by the president of the senate, and seven of whom shall be appointed by the governor: one of whom shall be a representative of the Massachusetts Medical Society; one of whom shall be a representative of the Massachusetts Society of Psychiatric Hospitals; one of whom shall be a representative of the Massachusetts Hospital Association; one of whom shall be a representative of Blue Cross/Blue Shield of Massachusetts; one of whom shall be a representative of the Massachusetts Association of HMOs; one of whom shall be a representative of the commercial insurance industry to be designated by the Life Insurance Association of Massachusetts in conjunction with the Health Insurance Association of America; one of whom shall be the secretary of the executive office Health and Human Services, or his designee. Said commission shall study utilization review and its effectiveness and shall make a report to the legislature no later than June thirtieth, nineteen hundred and ninety-four.

SECTION 379. The governor shall appoint an eleven member commission for the purpose of making recommendations to the general court regarding third party reimbursement by health insurers to mental health professionals and making inpatient and outpatient treatment of biologically based mental illness equivalent to the treatment of other physical illnesses and diseases. One appointee of the governor shall be a member of the alliance of the mentally ill and one appointee by the governor shall be a member of the board of allied mental health and human services professionals. Said commission shall evaluate the cost effectiveness and quality of care of all mental health professionals and make recommendations in the form of legislation to the general court as to which mental health professional should receive statutory third party reimbursement. Said commission shall also evaluate the potential ramifications of inpatient and outpatient treatment of biologically based mental illness equivalent to the treatment of other physical illnesses and diseases. The commission shall file its recommendations together with any recommendations of legislation with the clerk of the house of representatives on or before October first, nineteen hundred and ninety-three.

SECTION 380. The higher education coordinating council is hereby authorized and directed to assemble a task force for the purpose of conducting a study relative to the development and implementation of statutory language to establish a fair share funding formula for the allocation of state support for public institutions of higher education. Said study shall determine, for each institution of higher education, the ratio of the full educational cost per student to be borne by the state and the ratio to be borne by the student. Said study shall also investigate the advisability and feasibility of funding the public system of higher education on a two-year budget cycle. In addition, said task force shall report on the effectiveness of implementing formula funding for public higher education. Said task force shall be comprised of fifteen members and shall include the secretary of administration and finance or his designee, two members of the house of representatives who shall be appointed by the Speaker of the house of representatives, one representative who shall be appointed by the house minority leader, two members of the senate who shall be appointed by the senate president, one member of the senate who shall be appointed by the senate minority leader, three members who shall be appointed by the Massachusetts public higher education executive council of presidents and chancellors, and five members who shall be appointed by the higher education coordinating council, provided, however, that at least two shall be full-time students currently enrolled in a degree program at an institution of public higher education in the commonwealth. Said task force shall submit a report on its findings and a plan to implement said findings to the higher education coordinating council no later that May first, nineteen hundred and ninety-four.

SECTION 381. A special commission to consist of two members of the senate, three members of the house of representatives and six persons to be appointed by the governor, three of whom shall be representatives of the business community, two of whom shall be employees of the department of environmental protection, and one of whom shall be a representative of the National Fire Prevention Association, is hereby established for the purpose of making an investigation and study including, but not limited to, the existence of any health hazards from lawn and fire sprinkler systems and the feasibility and cost effectiveness of requiring backflow protection for such systems.

The commission may obtain from qualified sources at no cost to the commission, any available technical assistance and support to assist in the evaluation and analysis of statistical data bearing on the degree of hazard these sprinkler application pose to the public water supply, and to develop cost benefit criteria by which the need for backflow prevention can be established for each application.

Said commission shall report to the general court the results of its investigations and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the senate on or before the first Wednesday in January, nineteen hundred and ninety-four.

SECTION 382. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission consisting of two members of the senate, five members of the house of representatives, the secretary of public safety or his designee, the chairman of Massachusetts fire training council or his designee, the director of the Massachusetts firefighting academy or his designee, the president of the Fire Chief's Association of Massachusetts or his designee, and the president of the Professional Firefighters of Massachusetts or his designee for the purpose of conducting a study of the feasibility of establishing a system of requiring the completion of a course of study approved by the Massachusetts fire training council for all persons appointed to the position of full-time firefighter in the cities, towns and fire districts of the commonwealth.

The commission shall report the results of its study and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations by filing the same with the clerks of the house of representatives and the senate on or before December thirty-first, nineteen hundred and ninety-three. The members of the commission shall serve without compensation.

SECTION 383. There is hereby established a special task force, to consist of six members of the house of representatives, one of whom shall be the house chairman of the joint committee on commerce and labor, one of whom shall be the house chairman of the joint committee on public service, both of whom shall serve as co-chairmen, and the other four of whom shall be appointed by the speaker of the house of representatives, three members of the senate, one of whom shall be the senate chairman of the joint committee on commerce and labor, one of whom shall be the senate chairman of the joint committee on public service and one of whom shall be appointed by the president of the senate, and seven persons one of whom shall be the president or his designee of the American Federation of State, County and Municipal Employees, one of whom shall be the president or his designee, of the National Association of Government Employees, one of whom shall be the director or his designee of the governor's office of employee relations, one of whom shall be the president or his designee of the Massachusetts Association of Corrections Officers, one of whom shall be the president or his designee of the Service Employees International Union, Local 509, and one of whom shall be the director of the Massachusetts board of conciliation and arbitration and one of whom shall be the commission of the public employee retirement administration for the purpose of determining whether or not to require that workers' compensation be a subject of mandatory collective bargaining between the commonwealth and its unionized employees. Said task force shall commence deliberations no later than September first, nineteen hundred and ninety-three. The task force shall report to the clerk of the house of representatives the results of its study and its recommendations, together with drafts of legislation, if necessary, to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before the first of December, nineteen hundred and ninety-three.

SECTION 384. The commissioner of the department of labor and industries shall appoint a task force which shall report to the joint committee on commerce and labor by October first, nineteen hundred and ninety-three recommendations for appropriate changes in the law to eliminate the need for suspension of the application or operation of any provision in chapter one hundred and forty-nine of the General Laws. The task force shall include the commissioner and six members to be appointed by the governor, one of whom represents education, two of whom represent employers of minors over the age of sixteen, one of whom represents the AFL-CIO, one of whom represents a child advocacy organization, and one of whom shall be a citizen representative.

SECTION 385. Notwithstanding the provision of any general or special law to the contrary, there is hereby established a special commission for the purpose of studying the feasibility of mergers or acquisitions of one or more investor-owned electric utilities. The special commission shall consist of eleven members: the secretary of consumer affairs or his designee, the commissioner of the division of energy resources, the attorney general or his designee, three members of the senate appointed by the senate president, three members of the house of representatives appointed by the speaker of the house, and two members of the public appointed by the governor. The commission shall be co-chaired by the commissioner of the division of energy resources and the senate chairman on energy. The commission shall investigate and study the feasibility of mergers or acquisitions of one or more investor-owned electric utilities within the commonwealth by one or more other investor owned electric utilities servicing the commonwealth. The commission shall investigate and study the impact that such mergers or acquisitions would have on such matters as electric rates for all classes of rate payers within the contemplated service territory. The commission shall file with the clerks of the senate and house of representatives, and the department of public utilities, a final report of its findings and recommendations, with accompanying legislation, if any, no later than the first Tuesday in March, nineteen hundred and ninety-four. Upon filing of the report, the department of public utilities is directed to open a generic hearing to consider and implement the recommendations of the report as appropriate.

SECTION 386. Commencing on July thirty-first, nineteen hundred and ninety-three, the supreme judicial court, appeals court and the trial court of the commonwealth shall provide the reports required by sections twenty-nine and thirty of chapter two hundred and eleven of the General Laws, sections eighteen and nineteen of chapter two hundred and eleven A of the General Laws, and sections twenty-one and twenty-two of chapter two hundred and eleven B of the General Laws.

SECTION 387. The lottery commission is hereby authorized and directed to implement the game known as Keno. The commission shall make an investigation and study of the implementation of Keno and file a plan of implementation with the house and senate committees on ways and means by August sixteenth, nineteen hundred and ninety-three. Said commission shall implement Keno on October first, nineteen hundred and ninety-three.

Said commission shall implement Keno so as to either include the participation of the charitable gaming licensees who conduct beano, so called, in the operation of Keno or if necessary, to develop a separate Keno game for use by such charitable gaming licensees exclusively. A license to operate the game known as Keno, upon the full implementation of said game, shall be available to any licensee, licensed under section twelve of chapter one hundred and thirty-eight of the General Laws or under section twenty-seven of chapter ten of the General Laws, provided that such licensee does not owe a financial obligation to the commonwealth, and such licensee has not been convicted of a felony. A license to operate the game known as Keno shall not be issued to any person, business, corporation or other entity, except as provided for herein.

Said commission shall submit to the house and senate committees on ways and means a progress report on the implementation of keno gaming on or before December first, nineteen hundred and ninety-three.

SECTION 388. The department of public welfare (1) shall provide a cost estimate and a report to the joint committee on human service and elderly affairs detailing the families in transition program (FIT) established pursuant to section one B of chapter one hundred and eighteen of the General Laws, inserted by section one hundred and fifty-one of this act, no later than October fourth, nineteen hundred and ninety-three; (2) shall no later than October fourth, nineteen hundred and ninety-three seek any necessary federal waivers and assurance of federal financial participation from the federal department of health and human services to operate the FIT demonstration as set forth in said section one B; (3) shall implement to demonstration promptly, subject to appropriation and the grant of waivers and assurance of federal financial participates from the department of health and human services; and (4) shall provide reports to said joint committee on an annual basis following implementation containing program data sufficient to evaluate the effectiveness of the FIT demonstration to assist recipients of aid under this chapter to obtain and retain paid employment and child support and to support their families without cash assistance under this chapter.

SECTION 389. The department of public welfare is hereby authorized and directed to apply for any waivers necessary under the Social Security Act, or other provisions of federal law, to implement the objectives and provisions of TEMP as set forth in section one A of chapter one hundred and eighteen of the General Laws, inserted by section one hundred and fifty-one of this act. The department shall implement this program on January first nineteen hundred and ninety four by establishing it in limited geographic areas, including not more than one urban area, and one suburban or rural area. The department is directed to submit by October fourth, nineteen hundred and ninety three a report to the joint committee on the human services and elderly affairs detailing the program as submitted for Federal approval and specifying the funding necessary to operate the program.

SECTION 390. Except as otherwise provided in this act, the provisions of this act shall take effect as of July first, nineteen hundred and ninety-three.