Session Laws

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

SECTION 1. To provide for supplementing certain items in the general appropriation act for fiscal year nineteen hundred and ninety-three, the sums set forth in section two are hereby appropriated for the several purposes and subject to the conditions specified in chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two, including fund designations in said chapter one hundred and thirty-three, and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in said chapter one hundred and thirty-three, for the fiscal year ending June thirtieth, nineteen hundred and ninety-three. The sums so appropriated shall be in addition to amounts available for said purposes.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Social Law Library. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0321-2205 `tc4 `tc6 $200,000 `tc2 Boston Municipal Court. `tc1 0335-0001 `tc4 `tc6 $647,854 `tc3 DISTRICT ATTORNEYS. `tc1 0340-0100 `tc4 `tc6 $348,142 `tc1 0340-0130 `tc4 `tc6 $36,404 `tc1 0340-0135 `tc4 `tc6 $52,965 `tc1 0340-0195 `tc4 `tc6 $243,990 `tc1 0340-0200 `tc4 `tc6 $302,858 `tc1 0340-0230 `tc4 `tc6 $22,856 `tc1 0340-0235 `tc4 `tc6 $30,713 `tc1 0340-0295 `tc4 `tc6 $217,334 `tc1 0340-0300 `tc4 `tc6 $221,593 `tc1 0340-0330 `tc4 `tc6 $23,808 `tc1 0340-0395 `tc4 `tc6 $83,712 `tc1 0340-0400 `tc4 `tc6 $209,559 `tc1 0340-0430 `tc4 `tc6 $17,026 `tc1 0340-0435 `tc4 `tc6 $3,490 `tc1 0340-0495 `tc4 `tc6 $113,632 `tc1 0340-0500 `tc4 `tc6 $117,666 `tc1 0340-0530 `tc4 `tc6 $54,216 `tc1 0340-0535 `tc4 `tc6 $3,992 `tc1 0340-0595 `tc4 `tc6 $97,447 `tc1 0340-0600 `tc4 `tc6 $38,709 `tc1 0340-0630 `tc4 `tc6 $18,220 `tc1 0340-0635 `tc4 `tc6 $54,718 `tc1 0340-0695 `tc4 `tc6 $37,744 `tc1 0340-0700 `tc4 `tc6 $148,370 `tc1 0340-0795 `tc4 `tc6 $82,559 `tc1 0340-0800 `tc4 `tc6 $125,694 `tc1 0340-0895 `tc4 `tc6 $105,045 `tc1 0340-0900 `tc4 `tc6 $162,184 `tc1 0340-0930 `tc4 `tc6 $38,279 `tc1 0340-0935 `tc4 `tc6 $13,738 `tc1 0340-0995 `tc4 `tc6 $142,840 `tc1 0340-1000 `tc4 `tc6 $60,316 `tc1 0340-1030 `tc4 `tc6 $12,811 `tc1 0340-1035 `tc4 `tc6 $920 `tc1 0340-1095 `tc4 `tc6 $81,965 `tc1 0340-1100 `tc4 `tc6 $47,092 `tc1 0340-1130 `tc4 `tc6 $15,609 `tc1 0340-1135 `tc4 `tc6 $14,537 `tc1 0340-1195 `tc4 `tc6 $60,523 `tc1 0340-2100 `tc4 `tc6 $87,717 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 Massachusetts Cultural Council. `tc1 0640-0300 `tc4 `tc6 $150,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Office of the Secretary. `tc1 1100-1100 `tc4 `tc6 $250,000 `tc2 Division of Capital Planning and Operations. `tc1 1102-3214 `tc4 `tc6 $4,000,000 `tc2 Bureau of State Office Buildings. `tc1 1102-3302 `tc4 `tc6 $600,000 `tc2 Office of Employee Relations. `tc1 1108-3200 `tc4 `tc6 $220,000 `tc2 Division of Administrative Law Appeals. `tc1 1110-1000 `tc4 `tc6 $65,000 `tc2 Department of Revenue. `tc1 1201-0100 `tc4 `tc6 $2,500,000 `tc1 1201-0160 `tc4 `tc6 $4,992,093 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $1,624,413 `tc1 1599-3384 `tc4 `tc6 $1,326,348 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3711-9111 `tc4 `tc6 $1,325,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tc1 4403-2100 `tc4 `tc6 $3,784,000 `tc2 Department of Social Services. `tc1 4800-1400 `tc4 `tc6 $1,000,000 `tc3 BOARD OF LIBRARY COMMISSIONERS. `tc1 7000-9101 `tc4 `tc6 $30,159 `tc1 7000-9401 `tc4 `tc6 $1,799,478 `tc1 7000-9402 `tc4 `tc6 $10,480 `tc1 7000-9406 `tc4 `tc6 $51,645 `tc1 7000-9501 `tc4 `tc6 $1,239,025 `tc1 7000-9506 `tc4 `tc6 $369,213 `tc3 EXECUTIVE OFFICE FOR EDUCATION. `tc2 Office of the Secretary. `tc1 7005-0003 `tc4 `tc6 $150,000 `tc1 7005-1000 `tc4 `tc6 $118,655 `tc2 Higher Education Coordinating Council. `tc1 7100-0200 `tc4 `tc6 $6,155,741 `tc1 7109-0100 `tc4 `tc6 $287,496 `tc1 7110-0100 `tc4 `tc6 $240,833 `tc1 7112-0100 `tc4 `tc6 $188,232 `tc1 7113-0100 `tc4 `tc6 $129,076 `tc1 7114-0100 `tc4 `tc6 $296,389 `tc1 7115-0100 `tc4 `tc6 $188,418 `tc1 7116-0100 `tc4 `tc6 $191,918 `tc1 7117-0100 `tc4 `tc6 $124,071 `tc1 7118-0100 `tc4 `tc6 $111,223 `tc1 7502-0100 `tc4 `tc6 $93,374 `tc1 7503-0100 `tc4 `tc6 $116,651 `tc1 7504-0100 `tc4 `tc6 $93,184 `tc1 7505-0100 `tc4 `tc6 $76,644 `tc1 7506-0100 `tc4 `tc6 $143,177 `tc1 7507-0100 `tc4 `tc6 $104,168 `tc1 7508-0100 `tc4 `tc6 $182,567 `tc1 7509-0100 `tc4 `tc6 $88,583 `tc1 7510-0100 `tc4 `tc6 $153,964 `tc1 7511-0100 `tc4 `tc6 $176,870 `tc1 7512-0100 `tc4 `tc6 $114,838 `tc1 7514-0100 `tc4 `tc6 $201,113 `tc1 7515-0100 `tc4 `tc6 $108,674 `tc1 7516-0100 `tc4 `tc6 $158,968 `tc1 7518-0100 `tc4 `tc6 $145,419 `tc1 7520-0423 `tc4 `tc6 $64,049 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Military Division. `tc1 8700-0001 `tc4 `tc6 $125,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1900 `tc4 `tc6 $1,709,908 `tc1 9000-1920 `tc4 `tc6 $812,206 `tcol;end

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein shall be appropriated from the General Fund, unless specifically designated otherwise, and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two for the fiscal year ending June thirtieth, nineteen hundred and ninety-three. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Committee for Public Counsel. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0321-1511 `tc4 For the compensation of private counsel assigned under the provisions of subsection (b) of section six of chapter two hundred and eleven D of the General Laws, pursuant to section twelve of said chapter two hundred and eleven D; provided, that funds appropriated herein shall be expended only for services rendered prior to July first, nineteen hundred and ninety-three `tc6 $9,521,984 `tc1 0321-1521 `tc4 For all fees and costs, as defined in section twenty-seven A of chapter two hundred and sixty-one of the General Laws, ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined by said section twenty-seven A; provided, that funds appropriated herein shall be expended only for fees and costs incurred prior to July first, nineteen hundred and ninety-three `tc6 $264,901 `tc2 District Courts. `tc1 0332-7301 `tc4 For repairs to the roof of Gardner district court `tc6 $32,000 `tc5 Local Aid Fund 80.0% General Fund 20.0% `tc3 TREASURER AND RECEIVER GENERAL. `tc2 Office of the Treasurer and Receiver General. `tc1 0611-5011 `tc4 For payments pursuant to resolve three of the acts of nineteen hundred and ninety-three `tc6 $48,750 `tc2 State Lottery Commission. `tc1 0640-0011 `tc4 For the purpose of advertising associated with the state lottery program; provided, that twenty-five percent of this appropriation shall be transferred from the state lottery fund to the General Fund quarterly; provided further, that none of the funds appropriated herein shall be expended for any print, radio or television advertising which does not include a conspicuous statement of the actual odds of winning each possible prize of the advertised game; provided further, that none of the funds appropriated herein shall be expended for direct marketing concentrated to a greater extent on low-income persons or communities than to other persons or communities; and provided further, that the state lottery commission shall report in writing to the house and senate committees on ways and means, not later than November first, nineteen hundred and ninety-three, its plan for expending the funds appropriated herein, with particular attention to the effect of advertising on low-income populations `tc6 $2,000,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Personnel Administration. `tc1 1108-1005 `tc4 Notwithstanding any general or special law to the contrary, for a reserve for a five percent salary adjustment for all managers whose salaries are set forth in section forty-six C of chapter thirty of the General Laws; and to establish a merit pool of two percent to be distributed based upon a performance evaluation program approved by the secretary for administration and finance; provided, that said salary adjustment and merit pool shall be effective and implemented on October first, nineteen hundred and ninety-three; provided further, that the secretary for administration and finance shall file with the joint committee on public service an evaluation report on the distribution of said merit pool on or before May first, nineteen hundred and ninety-four; and provided further, that the secretary for administration and finance shall study and make recommendations on benefits affecting said managers including an estimate of any related costs to the joint committee on public service and the house and senate committees on ways and means `tc6 $10,200,000 `tc2 Reserves. `tc1 1599-2038 `tc4 For the payment of deficiencies in certain appropriations for previous fiscal years, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge such payments to other items of appropriation and allocations thereof and to transfer from the amount appropriated herein to said items and allocations such amounts as are necessary to meet the cost of said charges; provided further, that said comptroller is authorized to allocate the amounts of such payments to the several state or other funds to which said payments would have been chargeable if appropriations had been available thereof `tc6 $6,020,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Protection. `tc1 2200-0199 `tc4 For reimbursement of legal expenses incurred in the defense of an employment discrimination claim against a department of environmental protection manager, where the court has found the claim against the manager and the department without merit, in accordance with a pre-existing agreement pursuant to section nine of chapter two hundred and fifty-eight of the General Laws that made reimbursement subject to appropriation `tc6 $60,000 `tc2 Metropolitan District Commission. `tc1 2440-0100 `tc4 For the study and the preparation of plans, if necessary, and for the general restoration, rehabilitation and construction by the commission, and any costs related thereto, including, but not limited to materials, furnishings and equipment at the Veterans Memorial Rink, the LoConte Rink, and the Murphy Memorial Rink; provided, that, of the amount appropriated herein, a total of not less than seven hundred and fifty thousand dollars shall be expended for costs associated with the Veterans Memorial Rink and the LoConte Rink and not less than two hundred and fifteen thousand dollars shall be expended for costs associated with the Murphy Memorial Rink `tc6 $965,000 `tc5 Local Aid Fund 100.0% `tc1 2440-0120 `tc4 For repairs and renovations of the pine banks park in the cities of Malden and Melrose, pursuant to chapter three hundred and ninety-three of the acts of nineteen hundred and five, and chapter one hundred and sixty-two of the acts of nineteen hundred and six `tc6 $50,000 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tc1 4400-1018 `tc4 The department of public welfare may expend an amount not to exceed one million two hundred thousand dollars from accrued federal reimbursement for a program of error rate reduction activities designed to reduce the food stamp quality control error rate `tc6 $1,200,000 `tc1 4400-4010 `tc4 For the payment of prior fiscal year expenses for a program of medical services for disabled children and adults; provided, that all expenditures made from this item shall be subject to the provisions of item 4400-4000 of section two of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one `tc6 $1,600,000 `tc1 4405-2010 `tc4 For the payment of prior fiscal year expenses incurred by rest home vendors pursuant to the provisions of item 4405-2000 of section two of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one `tc6 $50,000 `tc1 4408-1010 `tc4 For the payment of prior fiscal year expenses of health services provided to recipients of emergency aid to the elderly, disabled, and children; provided, that all expenditures made from this item shall be subject to the provisions of item 4408-1000 of section two of chapter two hundred and fifty-five of the acts of nineteen hundred and ninety-one, as amended by section forty-eight of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one `tc6 $550,000 `tc2 Department of Mental Health. `tc1 5046-0004 `tc4 For prior year payments for care of mentally ill patients at the Cambridge hospital replacement units for the department of mental health `tc6 $80,000 `tc1 5046-2000 `tc4 For services to the homeless mentally ill to fund certain programs recommended by the report of the interagency task force on the homeless mentally ill `tc6 $3,300,350 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Higher Education Coordinating Council. `tc1 7119-0100 `tc4 For the operation of the state colleges governed by the higher education coordinating council component of the state program; provided, that the higher education coordinating council is hereby directed to allocate funds from this item to items 7109-0100, 7110-0100, 7112-0100, 7113-0100, 7114-0100, 7115-0100, 7116-0100, 7117-0100, and 7118-0100 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three according to an allocation plan which shall be developed by said council and filed with the house and senate committees on ways and means within forty-five days of the passage of this act; provided further, that funds appropriated herein may be expended for the purposes of health and welfare obligations; provided further, that the chairman of the higher education coordinating council shall require said institutions to provide communications accessibility for the deaf and hard of hearing where necessary `tc6 $439,427 `tc1 7519-0100 `tc4 For the operation of the state community colleges governed by the higher education coordinating council component of the community colleges program; provided, that the higher education coordinating council is hereby directed to allocate funds from this item to items 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 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three according to an allocation plan which shall be developed by said council and filed with house and senate committees on ways and means within forty-five days of the passage of this act; provided further, that funds appropriated herein may be expended for the purposes of health and welfare obligations; provided further, that the chairman of the higher education coordinating council shall require said institutions to provide communications accessibility for the deaf and hard of hearing where necessary `tc6 $489,548 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of State Police. `tc1 8100-0057 `tc4 For the training and related costs of not more than two hundred police cadets; provided, that no funds shall be expended from this item prior to March first, nineteen hundred and ninety-four `tc6 $1,845,840 `tc5 Highway Fund 85.0% General Fund 15.0% `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-2000 `tc4 For the expenses of the organization specified in section one hundred and thirty-nine to make an investigation and study relative to the construction of a film and video sound stage in the city of Boston `tc6 $150,000 `tc1 9000-2110 `tc4 For the further expenses of the Massachusetts international trade council `tc6 $128,243 `tc5 Massachusetts Tourism Fund 100.0% `tcol;end

SECTION 2C. I. For the purpose of making available in fiscal year nineteen hundred and ninety-four balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and ninety-three, the unexpended balances of the maintenance appropriation items listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-four. Amounts in this section are re-appropriated for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two of the general appropriation act and section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, however, that for items neither with purposes and conditions specified below nor appearing in said sections two or two A, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated below for each item; provided, that for items for which no fund is so designated, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of the general appropriation act or section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, that for items neither with a fund designated below nor appearing in said sections two or two A, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Social Law Library. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0321-2205 `tc4 `tc6 $200,000 `tc2 Trial Court. `tc1 0330-4100 `tc4 `tc6 $3,300,000 `tc1 0332-7301 `tc4 `tc6 $32,000 `tc2 Boston Municipal Court. `tc1 0335-0001 `tc4 `tc6 $647,854 `tc3 DISTRICT ATTORNEYS. `tc1 0340-0100 `tc4 `tc6 $848,142 `tc1 0340-0130 `tc4 `tc6 $36,404 `tc1 0340-0135 `tc4 `tc6 $52,965 `tc1 0340-0195 `tc4 `tc6 $243,990 `tc1 0340-0200 `tc4 `tc6 $302,858 `tc1 0340-0230 `tc4 `tc6 $22,856 `tc1 0340-0235 `tc4 `tc6 $30,713 `tc1 0340-0295 `tc4 `tc6 $217,334 `tc1 0340-0300 `tc4 `tc6 $221,593 `tc1 0340-0330 `tc4 `tc6 $23,808 `tc1 0340-0395 `tc4 `tc6 $83,712 `tc1 0340-0400 `tc4 `tc6 $209,559 `tc1 0340-0430 `tc4 `tc6 $17,026 `tc1 0340-0435 `tc4 `tc6 $3,490 `tc1 0340-0495 `tc4 `tc6 $113,632 `tc1 0340-0500 `tc4 `tc6 $117,666 `tc1 0340-0530 `tc4 `tc6 $54,216 `tc1 0340-0535 `tc4 `tc6 $3,992 `tc1 0340-0595 `tc4 `tc6 $97,447 `tc1 0340-0600 `tc4 `tc6 $38,709 `tc1 0340-0630 `tc4 `tc6 $18,220 `tc1 0340-0635 `tc4 `tc6 $54,718 `tc1 0340-0695 `tc4 `tc6 $37,744 `tc1 0340-0700 `tc4 `tc6 $148,370 `tc1 0340-0795 `tc4 `tc6 $82,559 `tc1 0340-0800 `tc4 `tc6 $125,694 `tc1 0340-0895 `tc4 `tc6 $105,045 `tc1 0340-0900 `tc4 `tc6 $162,184 `tc1 0340-0930 `tc4 `tc6 $38,279 `tc1 0340-0935 `tc4 `tc6 $13,738 `tc1 0340-0995 `tc4 `tc6 $142,840 `tc1 0340-1000 `tc4 `tc6 $60,316 `tc1 0340-1030 `tc4 `tc6 $12,811 `tc1 0340-1035 `tc4 `tc6 $920 `tc1 0340-1095 `tc4 `tc6 $81,965 `tc1 0340-1100 `tc4 `tc6 $47,092 `tc1 0340-1130 `tc4 `tc6 $15,609 `tc1 0340-1135 `tc4 `tc6 $14,537 `tc1 0340-1195 `tc4 `tc6 $60,523 `tc1 0340-2100 `tc4 `tc6 $87,717 `tc3 EXECUTIVE. `tc2 Governor's Office. `tc1 0411-1000 `tc4 `tc6 $600,000 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 Office of the Treasurer. `tc1 0611-5011 `tc4 `tc6 $48,750 `tc2 State Lottery Commission. `tc1 0640-0011 `tc4 `tc6 $2,000,000 `tc2 Massachusetts Cultural Council. `tc1 0640-0300 `tc4 `tc6 $150,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Office of the Secretary. `tc1 1100-1100 `tc4 `tc6 $250,000 `tc2 Department of Personnel Administration. `tc1 1108-1005 `tc4 `tc6 $10,200,000 `tc2 Division of Administrative Law Appeals. `tc1 1110-1000 `tc4 `tc6 $65,000 `tc2 Department of Revenue. `tc1 1201-0100 `tc4 `tc6 $2,500,000 `tc1 1201-0160 `tc4 `tc6 $4,992,093 `tc1 1231-0111 `tc4 `tc6 $75,000 `tc2 Appellate Tax Board. `tc1 1310-1000 `tc4 `tc6 $45,000 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $1,624,413 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2010-0100 `tc4 `tc6 $470,968 `tc2 Department of Environmental Management. `tc1 2100-0005 `tc4 `tc6 $528,000 `tc1 2100-3015 `tc4 `tc6 $3,424 `tc2 Department of Environmental Protection. `tc1 2200-0104 `tc4 `tc6 $30,000 `tc1 2200-0199 `tc4 `tc6 $60,000 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2320-0100 `tc4 `tc6 $155,000 `tc2 Metropolitan District Commission. `tc1 2440-0011 `tc4 `tc6 $698,652 `tc1 2440-0100 `tc4 `tc6 $965,000 `tc1 2440-0120 `tc4 `tc6 $50,000 `tc1 2440-0500 `tc4 `tc6 $72,106 `tc1 2440-8998 `tc4 `tc6 $66,038 `tc1 2440-8999 `tc4 `tc6 $243,933 `tc2 Department of Food and Agriculture. `tc1 2520-0107 `tc4 `tc6 $1,262,898 `tc2 State Reclamation Board. `tc1 2520-0300 `tc4 `tc6 $45,003 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3100-0200 `tc4 `tc6 $332,412 `tc1 3711-9111 `tc4 `tc6 $3,325,000 `tc1 3722-9100 `tc4 `tc6 $1,000,000 `tc1 3747-0001 `tc4 `tc6 $16,649 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Social Services. `tc1 4800-1400 `tc4 `tc6 $1,000,000 `tc2 Department of Mental Health. `tc1 5046-2000 `tc4 `tc6 $3,300,350 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6010-0050 `tc4 `tc6 $3,000,000 `tc3 BOARD OF LIBRARY COMMISSIONERS. `tc1 7000-9101 `tc4 `tc6 $30,159 `tc1 7000-9401 `tc4 `tc6 $1,799,478 `tc1 7000-9402 `tc4 `tc6 $10,480 `tc1 7000-9406 `tc4 `tc6 $51,645 `tc1 7000-9501 `tc4 `tc6 $1,239,025 `tc1 7000-9506 `tc4 `tc6 $369,213 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Office of the Secretary. `tc1 7005-0003 `tc4 `tc6 $150,000 `tc2 Department of Education. `tc1 7053-1925 `tc4 `tc6 $74,772 `tc2 Higher Education Coordinating Council. `tc1 7100-0200 `tc4 `tc6 $6,155,741 `tc1 7109-0100 `tc4 `tc6 $287,496 `tc1 7110-0100 `tc4 `tc6 $240,833 `tc1 7112-0100 `tc4 `tc6 $188,232 `tc1 7113-0100 `tc4 `tc6 $129,076 `tc1 7114-0100 `tc4 `tc6 $296,389 `tc1 7115-0100 `tc4 `tc6 $188,418 `tc1 7116-0100 `tc4 `tc6 $191,918 `tc1 7117-0100 `tc4 `tc6 $124,071 `tc1 7118-0100 `tc4 `tc6 $111,223 `tc1 7119-0100 `tc4 `tc6 $439,427 `tc1 7502-0100 `tc4 `tc6 $93,374 `tc1 7503-0100 `tc4 `tc6 $116,651 `tc1 7504-0100 `tc4 `tc6 $93,184 `tc1 7505-0100 `tc4 `tc6 $76,644 `tc1 7506-0100 `tc4 `tc6 $143,177 `tc1 7507-0100 `tc4 `tc6 $104,168 `tc1 7508-0100 `tc4 `tc6 $182,567 `tc1 7509-0100 `tc4 `tc6 $88,583 `tc1 7510-0100 `tc4 `tc6 $153,964 `tc1 7511-0100 `tc4 `tc6 $176,870 `tc1 7512-0100 `tc4 `tc6 $114,838 `tc1 7514-0100 `tc4 `tc6 $201,113 `tc1 7515-0100 `tc4 `tc6 $108,674 `tc1 7516-0100 `tc4 `tc6 $158,968 `tc1 7518-0100 `tc4 `tc6 $145,419 `tc1 7519-0100 `tc4 `tc6 $489,548 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Chief Medical Examiner. `tc1 8000-0105 `tc4 `tc6 $126,000 `tc2 Department of State Police. `tc1 8100-0057 `tc4 `tc6 $1,845,840 `tc2 Emergency Management Agency. `tc1 8800-0032 `tc4 `tc6 $2,600,000 `tc2 Governor's Highway Safety Bureau. `tc1 8850-0001 `tc4 `tc6 $15,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-0200 `tc4 `tc6 $2,750,000 `tc1 9000-0210 `tc4 `tc6 $250,000 `tc1 9000-1850 `tc4 `tc6 $5,000,000 `tc1 9000-1900 `tc4 `tc6 $1,709,908 `tc1 9000-1920 `tc4 `tc6 $812,206 `tc1 9000-2000 `tc4 `tc6 $150,000 `tc1 9000-2110 `tc4 `tc6 $128,243 `tc2 Department of Employment and Training. `tc1 9081-0400 `tc4 `tc6 $500,000 `tc1 9081-7044 `tc4 `tc6 $776,121 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Division of Banks. `tc1 9221-1000 `tc4 `tc6 $250,000 `tc2 Division of Insurance. `tc1 9222-7800 `tc4 `tc6 $250,000 `tc2 Board of Medicine. `tc1 9230-9000 `tc4 `tc6 $250,000 `tc2 Department of Public Utilities. `tc1 9270-0001 `tc4 `tc6 $100,000 `tcol;end

SECTION 2C. II. For the purpose of making available in fiscal year nineteen hundred and ninety-four certain balances from retained revenues, so-called, which otherwise would revert on June thirtieth, nineteen hundred and ninety-three, the unexpended balances of the items listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the fiscal year nineteen hundred and ninety-four. Amounts in this section are re-authorized for the purposes of and subject to the conditions stated below for each item; provided, that for items for which purposes and conditions are not specified below, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two of the general appropriation act and section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, that for items neither with purposes and conditions specified below nor appearing in said sections two or two A, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated below for each item; provided, that for items for which no fund is so designated, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section two of the general appropriation act or section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; and provided further, that for items neither with a fund designated below nor appearing in said sections two or two A, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tch `tc1 `ts Item `t+1 `tch;end `tc1 2001-1001 `tc4 `tc6 $20,000 `tc1 2001-1002 `tc4 `tc6 $11,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tc1 4400-1018 `tc4 `tc6 $1,200,000 `tcol;end

SECTION 3. Of the balance remaining in account number 7052-0003, three hundred thirty-two thousand five hundred thirty dollars is hereby transferred to account number 7052-0004.

SECTION 4. Chapter seven B of the General Laws is hereby repealed.

SECTION 5. Section 1F of chapter 15 of the General Laws, as appearing in the section 2 of chapter 71 of the acts of 1993, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The commissioner shall receive a salary of ninety thousand dollars.

SECTION 6. Section 1G of said chapter 15, as appearing in section 3 of said chapter 71, is hereby 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; global education and comprehensive health education and human service programs.

SECTION 7. Section 4 of chapter 15A of the General Laws, as most recently amended by section 19 of chapter 71 of the acts of 1993, is hereby further amended by striking out the ninth paragraph.

SECTION 8. Section 33 of chapter 15A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 2, the word "ninety-four" and inserting in place thereof the following word:- ninety-five.

SECTION 9. Section 18 of chapter 21A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 380, the word "two M" and inserting in place thereof the word:- two P.

SECTION 10. Said chapter 21A is hereby further amended by striking out section 18A, inserted by section 70 of chapter 110 of the acts of 1993, and inserting in place thereof the following section:-

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

"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 said act.

"Assessment", the federal safe drinking water 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 federal safe drinking water 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.

(b) 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. 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, 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 one thousand gallons of withdrawal, such that receipts in the aggregate are reasonably related to defraying the department's direct and indirect costs for monitoring, inspections, technical assistance, reporting and enforcement activities necessary to ensure compliance with the act and any regulations of the department adopted to implement the act;

(iii) establish the timing of assessments, collection and remittances;

(iv) establish the manner in which end suppliers engaged in the distribution of water shall apportion and collect amounts necessary to defray the assessment, and their administrative costs relating thereto up to but not more than five percent of the outstanding assessment for all users for the applicable assessment period in the aggregate, from users without further action of the department of public utilities; provided, however, that each end supplier shall have the option of determining how its invoice to users shall show such defraying amounts and the frequency of invoicing;

(v) establish reasonable mechanisms for collection and enforcement including but not limited to:

(A) the imposition of penalties not to exceed five thousand dollars per day for failure of end suppliers to remit proper receipts to the department;

(B) the setting of a reasonable rate of interest, which shall not be exclusive of applicable penalties, if any, to be borne by the end supplier on overdue remittances; and

(C) the establishment of reasonable audit and reporting procedures;

(vi) establish a program providing for payments in lieu of assessments for any end supplier which cannot meter its withdrawal to the satisfaction of the department, until satisfactory metering has been installed.

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 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;

(vii) 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 shall mail bills to end suppliers during the month of July of each year for that fiscal year.

(c) All receipts shall be deposited in the Environmental Permitting and Compliance Assurance Fund established pursuant to section two P 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.

(d) 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.

(e) 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 of chapter twenty-one A: a Massachusetts statewide water works nonprofit association, a New England regional water works nonprofit association, a nonprofit association representing rural water systems, a regional water works association, a nonprofit 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 member who shall be appointed the commissioner. The total membership of the committee shall not exceed eleven, a majority of which 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.

(f) 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.

(g) The department shall not collect water quality annual compliance assurance fees for public water supplies.

SECTION 11. Chapter 22 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following section:-

Section 20. The department of public safety is hereby authorized and directed to promulgate rules and regulations governing the operation of carriage horses.

SECTION 12. Section 2J of chapter 29, as so appearing, is hereby amended by striking out, in line 4, the word "eleven" and inserting in place thereof the word:- sixteen.

SECTION 13. Section 3 of 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:-

Section 3. (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;

(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 account, 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 forty-five 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 account, 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 14. 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 15. 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.

SECTION 16. Section 9B of chapter 29 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking in the first paragraph, in lines 22 and 23, the words "and senate committees", and inserting in place thereof the following word:- committee.

SECTION 17. Said section 9B of said chapter 29, is hereby further amended by striking in the first paragraph, in line 23, the words "a report", and inserting in place thereof the following:- for approval, a request, and submit to the senate committee on ways and means a notification report.

SECTION 18. Said section 9B of said chapter 29, is hereby further amended by striking in the first paragraph, in line 44 the words "and senate committees", and inserting in place thereof the following word:- committee.

SECTION 19. Said section 9B of said chapter 29 is hereby further amended by striking in the fourth paragraph, in line 45, the words "a report", and inserting in place thereof the following:- for approval, a request, and submit to the senate committee on ways and means a notification report.

SECTION 20. Section 27 of said chapter 29 is hereby amended by striking in lines 9 and 10 the words "the joint committees on ways and means" and inserting in place thereof the following words:- the house committee on ways and means; provided, that 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 the prior approval of said committee; provided further, that the budget director shall file a request for approval, with said committee, no less than fifteen days prior to the need for said interchange or establishment of any subsidiary,.

SECTION 21. Said chapter 29, as so appearing, is hereby amended by striking out section 29 and inserting in place thereof the following section:-

Section 29. The personnel administrator shall file with the house committee 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; positions 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. Said personnel schedule and said pay plan on file shall be amended, as necessary or appropriate, by said committee to conform to the general appropriation act or any other appropriation act. Said committee, as soon as appropriate after the general appropriation act or any other appropriation act has the force of law conformably to the constitution, shall file with the personnel administrator, the comptroller and with the budget director, a certified copy of the personnel schedule aforesaid which relates to said acts.

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 and approved by the house committee 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 the written approval of the house committee 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 established therefor by the house committee on ways and means.

SECTION 22. Section 31E of said chapter 29, as appearing in section 25 of chapter 71 of the acts of 1993, is hereby amended by striking out the first sentence, and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary, a state employee, during working hours and at such times as are approved by his supervisor and in accordance with regulations promulgated hereunder, may, without loss of salary, provide voluntary services at a public elementary, secondary or vocational-technical school to assist the improvement of a student's or school's educational program; provided, however, that said voluntary services do not exceed seven hours per month.

SECTION 23. Section 39K of chapter 30 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "commonwealth", in line 9, the following words:- , including local housing authorities.

SECTION 24. Section 45 of chapter 30 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting at the end of the first sentence the following words:- ; provided, that said office and position classification plan and said pay plan shall be filed with the house committee 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 be amended by said committee, as necessary or appropriate; provided further, that said plans shall remain in full force and effect and there shall be no changes to said plans without the approval of the said committee; and provided further, that said plans, as amended and approved, shall be forwarded by the said committee to the department of personnel administration, the comptroller and the budget director.

SECTION 25. Said section 45 of said chapter 30 is hereby further amended by striking out the words, in line 78, "joint committee" and inserting in place thereof the following words:- house committee.

SECTION 26. Said section 45 of said chapter 30 is hereby further amended by striking out clause (4) and inserting in place thereof the following new clause:-

(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 act, 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 receives approval from the house committee on ways and means. The personnel administrator shall submit monthly schedules to the said committee for the purposes of requesting personnel authorizations. Said schedules shall be prepared by the personnel administrator and shall include the request, comment and recommendation of the appointing authority. Said committee shall notify the personnel administrator within thirty days of said request of any authorization requested in said monthly schedule that have been approved. 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 27. The first paragraph of subsection (d) of section 19 of chapter 32B of the General Laws as added by section 103 of chapter 110 of the acts of 1993 is hereby amended by striking out the words "the paragraph below" and inserting in place thereof the following words:- this subsection.

SECTION 28. Section 3 of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting, in line 42, after the word "town" the following words:- ; and, provided further, that in any city or town that accepts this proviso, any such balance shall remain in said account and may be expended for the upkeep and maintenance of any facility under the control of the school committee.

SECTION 29. Section 2A of chapter 60A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "time", in line 15, the following words:- not later than six years after the initial excise tax issuance was made,.

SECTION 30. Section 6 of chapter 64H of the General Laws, is hereby amended by striking out, in lines 441 and 442, as appearing in the 1992 Official Edition, the words "or Namibia".

SECTION 31. The first paragraph of section 9 of chapter 64K of the General Laws, inserted by section 127 of chapter 110 of the acts of 1993, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A dealer who violates the provisions of this chapter shall be subject to a penalty of one hundred percent of the tax in addition to the tax imposed by section eight.

SECTION 32. 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 "Equity gap" and inserting in place thereof the following definition:-

"Equity gap", the positive difference, if any, between (1) the positive difference, if any between the preliminary local contribution and the gross standard of effort and (2) the positive difference, if any, between the sum of the preliminary local contribution, base aid, minimum aid and federal impact aid and the foundation budget amount. The equity gap shall be defined separately for each municipality's share of each district of which it is a member.

SECTION 33. The definition of "Gross overburden amounts" in said section 2 of said chapter 70, as so appearing, is hereby amended by striking out, in the second sentence, the words "one and one-half" and inserting in place thereof, the following words:- one and ninety-five one hundredths.

SECTION 34. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Minimum required local contribution" and inserting in place thereof the following definition:-

"Minimum required local contribution", the sum of (1) the preliminary local contribution, and (2) the foundation aid percent multiplied by the standard of effort gap in any fiscal year. This sum shall be reduced by the overburden aid amount, if any, and the excess debt service amount, if any; provided, however, that for any municipality in which net school spending is greater than the foundation budget, in no case shall the sum of the minimum required local contribution and the base aid and the minimum aid result in a reduction of net school spending to an amount less than the foundation budget amount. The minimum required local contribution shall be defined separately for each municipality's share of each district to which it belongs.

SECTION 35. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Municipal revenue growth factor" and inserting in place thereof the following definition:-

"Municipal revenue growth factor", the increase in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy limit for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to one hundred two and one-half percent plus the average of the percentage increases in the levy limit due to new growth over the last three available years as certified by the department of revenue; provided, however, that if the highest percentage during the three years exceeds the average of the other two years' percentages by more than two percentage points, then the lowest three of the last four years shall be used for this calculation; (2) the amount of general revenue sharing aid for the fiscal year, and (3) other recurring receipts not including user fees or other charges determined by the division of local services of the department of revenue to be associated with the provision of specific municipal services for the prior fiscal year by the sum of (1) the actual levy limit for the prior fiscal year; (2) the amount of general revenue sharing aid received for the prior fiscal year; and (3) other recurring receipts not including user fees or other charges determined by the division of local services of the department of revenue to be associated with the provision of specific municipal services, actually collected by the municipality for the fiscal year preceding the prior fiscal year; provided, however, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June thirtieth, nineteen hundred and ninety-three; and, provided further, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to one hundred two and one-half percent plus the average of the percentage increases in the levy limit due to new growth as specified above; and, provided further, that in the absence of an actual levy limit for the prior fiscal year, the maximum levy limit for the fiscal year shall be calculated by multiplying the estimated levy limit of the prior fiscal year by a factor equal to one hundred two and one-half percent plus the average of the percentage increases in the levy limit due to new growth as specified above; provided, however, that said factor shall not be greater than the factor determined by subtracting one from the quotient calculated by dividing total state school aid for the current fiscal year by total state school aid for the prior fiscal year.

SECTION 36. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Preliminary local contribution" and inserting in place thereof the following definition:-

"Preliminary local contribution", the lesser of (1) the local contribution of the prior fiscal year increased by a percentage equal to the municipal revenue growth factor and (2) the gross standard of effort amount; provided, however, that for any municipality in which net school spending is less than the foundation budget amount and the prior year local contribution is greater than the gross standard of effort amount, the preliminary local contribution shall not be less than the local contribution in fiscal year nineteen hundred and ninety-three except that said contribution may be reduced proportionately to any reductions in the total municipal budget; and, provided further, that for any municipality in which net school spending is greater than the foundation budget, in no case shall the sum of the preliminary local contribution and the base aid and the minimum aid result in a reduction of net school spending to an amount less than the foundation budget amount. The preliminary local contribution shall be defined separately for each municipality's share of each district to which it belongs.

SECTION 37. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Standard of effort" and inserting in place thereof the following definition:-

"Standard of effort", for any year, shall be the lesser of (1) the gross standard of effort for that year and (2) the foundation budget for the year minus the sum of base aid and federal impact aid for that year. The standard of effort for any municipality shall be allotted among the districts to which that municipality belongs.

SECTION 38. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Standard of effort gap" and inserting in place thereof the following definition:-

"Standard of effort gap", the positive difference in any fiscal year between the standard of effort in the fiscal year and the preliminary local contribution in that fiscal year. The standard of effort gap for a municipality shall be allotted among the districts to which that municipality belongs.

SECTION 39. Subsection (f) of section 12B of chapter 76 of the General Laws, as appearing in section 61 of chapter 71 of the acts of 1993, is hereby amended by inserting in the second sentence, after the word "district" the following words:- for such education as is required by such non-resident student.

SECTION 40. Subsection (g) of said section 12B of said chapter 76, as so appearing, is hereby amended by inserting, after the words "subsection (f)" the following words:- ; provided, however, that each public school district which admits children under the provisions of this section shall certify to the state treasurer the number of such children attending its public schools, the city or town of residence of each such child, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence; and, provided further, that such certification shall be made on October first of each year and April first of each year. Each school district submitting a certification to the state treasurer shall also submit a copy of said certification to the department of education. Said department may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district.

SECTION 41. Section 12B of said chapter 76 is hereby further amended by striking out subsection (n) and inserting in place thereof the following subsection:-

(n) Subject to appropriation, any sending district for which the provisions of subsection (f) result in a reduction in state aid shall be eligible to apply for a school choice reimbursement from the commonwealth. If net school spending in a sending district is greater than said foundation budget as defined in chapter seventy, the amount of said reimbursement shall be the above foundation reimbursement amount for that fiscal year. If net school spending in a sending district is less than said foundation budget, the amount of said reimbursement shall be equal to one hundred percent of the positive difference, if any, between (i) the amount transferred pursuant to subsection (f), and (ii) the product of the number of students leaving the sending district and the average per pupil expenditure in the sending district for such education as is required by such nonresident student, for the period the child shall attend; provided, however, that if any district has exempted itself from the provisions of said chapter seventy by accepting section fourteen of said chapter seventy, the district shall be ineligible for a reimbursement under this subsection; provided, further, that if any district in which net school spending is greater than the foundation budget becomes a sending district for the first time in fiscal year nineteen hundred and ninety-five or any year thereafter, the reimbursement amount for that district in the first year that it is a sending district shall be the fiscal year nineteen hundred and ninety-four reimbursement amount; the reimbursement amount for the district in its second year as a sending district shall be the fiscal year nineteen hundred and ninety-five reimbursement amount. Said reimbursement application shall be submitted to the department of education on or before October first of each year together with an educational corrective action plan containing information, recommendations and suggestions relative to: (1) areas needing improvement within the school system of the applicant; (2) methods of improvement to be employed; (3) goals and objectives of said improvement; (4) evaluation and control methods to be used; (5) personnel to be engaged in such improvement; (6) results intended to be accomplished within one year from the date of application; and (7) methods of increasing parental involvement to be employed; provided, however, that any community or regional school district that has a previously approved plan need not refile said plan; and, provided further, that approval of said plan by said board shall act as a condition precedent to the distribution of said reimbursement to the applicant community or regional school district. Under no circumstances shall the total amount expended pursuant to subsections (h) and (i) and to reimburse sending districts pursuant to this paragraph, be greater than twenty million dollars. If, in any year, the total amount that would be required to reimburse said cities at said rates would be greater than twenty million dollars, then the reimbursement rates shall be reduced proportionately to those rates at which the total cost does not exceed twenty million dollars.

SECTION 42. Section 2D of chapter 132A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:-

(4) To effect improvements at public recreation facilities, including improvements through the commonwealth's shared energy savings program and to expend, without further appropriation, monies received as a result of the improvements from a trust for facilities, the costs associated with said improvements, including contingency costs authorized under section forty-three F of chapter seven. The department shall develop and submit to the secretary of administration and finance and the house and senate committees on ways and means an analysis of all expenditures from said trust on or before each September first for the prior fiscal year.

SECTION 43. The first paragraph of section 114B of chapter 140 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- A creditor may, pursuant to an open-end credit plan, charge, receive and collect a delinquency charge on any payment not paid in full within fifteen days of its due date in an amount equal to ten percent of the outstanding balance or ten dollars, whichever is less; provided, however, that no such delinquency charges shall be charged, received or collected unless the creditor, at least thirty days prior thereto, shall have mailed a notice informing its borrowers of the change in terms of such plan providing for the charging, receiving and collecting of a delinquency charge and disclosing the amount of such delinquency charge that may be imposed as part of said open-end credit plan.

SECTION 44. The third paragraph of said section 114B of said chapter 140, as so appearing, is hereby amended by adding the following sentence:- Any such delinquency charge shall not be included in the computation of said finance charge.

SECTION 45. Section 51 of chapter 143 of the General Laws as appearing in the 1992 Official Edition is hereby amended by striking out the second and third sentences.

SECTION 46. Section 148B of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 3, each time it appears, the word "section" and inserting in place thereof, in each instance, the following word:- chapter.

SECTION 47. Section 13 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the word "hospitalization".

SECTION 48. Said section 13 of said chapter 152, as so appearing, is hereby further amended by inserting after the word "administered", in line 12, the following words:- , excluding services performed in any setting licensed to provide hospital services.

SECTION 49. Section 10 of chapter 209A of the General Laws, added by section 217 of chapter 110 of the acts of 1993, is hereby amended by striking out the words "Domestic Violence Victims' Assistance Fund" and inserting in place thereof the words:- General Fund.

SECTION 50. The first paragraph subsection (b) of section 27A of chapter 218 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following sentence:- Jurors shall be drawn from the county in which trial is held.

SECTION 51. Clause (1) of subsection B of section 27 of chapter 255D of the General Laws, as so appearing, is hereby amended by striking out the last sentence, and inserting in place thereof the following sentence:- An installment seller or a holder of a revolving credit agreement may, pursuant to such agreement, charge, receive and collect a delinquency charge on any payment not paid in full within fifteen days of its due date in an amount equal to ten percent of the outstanding balance or ten dollars, whichever is less; provided, however, that no such delinquency charge shall be charged, received or collected unless said installment seller or holder, at least thirty days prior thereto, shall have mailed a notice informing its installment buyers of the change in terms of such agreement providing for the charging, receiving and collecting of such delinquency charge and disclosing the amount of such delinquency charge that may be imposed under said agreement.

SECTION 52. Clause (3) of said subsection B of said section 27 of said chapter 255D, as so appearing, is hereby amended by adding the following sentence:- Any such delinquency charge shall not be included in the computation of said finance charge.

SECTION 53. 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 15 to 25, inclusive, the words ", and no property of the authority 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, shall, if leased for business purposes" and inserting in place thereof the following words:- and, anything herein to the contrary notwithstanding, no property of the Authority 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 lands of the Authority shall, if leased for business purposes other than air transportation.

SECTION 54. Item 7220-7893 in section 2 of chapter 208 of the acts of 1988 is hereby amended by inserting after the word "College", in line 12, the following words:- ; provided, that for the purpose of establishing a parking facility, the sum of two million five hundred thousand dollars shall be expended from this item for the purchase or acquisition, including, if necessary, by eminent domain under said chapter seventy-nine, of land and buildings thereon located on Broadway street in the city of Lowell and consisting of approximately 7.4 acres, for the preparation of plans and designs, for demolition, development and construction, and for any costs, incidental to or associated with the aforesaid.

SECTION 55. Section 7 of chapter 33 of the acts of 1991 is hereby amended by inserting after the words "nineteen hundred and eighty-eight," in line 14, the following words:- and section ten of chapter two hundred and eight of the acts of nineteen hundred and eighty-eight.

SECTION 56. Item 2520-0107 in section 2 of chapter 145 of the acts of 1991 is hereby amended by inserting after the word "measures", in line 5, the following words:- ; and provided further, that a portion of the appropriation may be expended for implementation of the state-wide rabies monitoring and control plan; and provided further, that at least one hundred twenty thousand dollars be used for an experimental rabies prevention program on Cape Cod to be administered in conjunction with Tufts University and the department of food and agriculture.

SECTION 57. Item 4403-2100 in section 2 of chapter 133 of the acts of 1992 is hereby amended by inserting after the word "ninety-two", in line 26, the following words:- ; and provided, further, that one hundred twenty-five thousand dollars shall be made available for expenditure in fiscal year nineteen hundred and ninety-four for said pilot program.

SECTION 58. Item 7100-0200 of said section 2 of said chapter 133 is hereby amended by inserting after the word "positions", in line 54, the following words:- ; provided, further, that not less than three hundred thousand dollars shall be expended by the university of Massachusetts for planning, feasibility studies, fundraising and facility start-up for a center for materials reuse, including staffing, provided that said funds shall be made available for expenditure in fiscal year nineteen hundred and ninety-four.

SECTION 59. Section 2A of said chapter 133 is hereby amended in item 4000-0702 by inserting after the word "needs", in line 14, the following words:- ; provided, that the department of social services shall pay twenty-two thousand two hundred seventy-five dollars for start-up costs incurred by Springfield Center for Hampden County Courts.

SECTION 60. Section 2B of said chapter 133 is hereby amended by striking out item 1108-6201 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 1108-6201 `tc4 For the cost of workers' compensation costs paid to public employees, including costs for prior fiscal years; provided, that the secretary of administration and finance shall charge, pursuant to section fourteen of this act, other items of appropriation or state agencies for costs incurred on behalf of said agencies; provided, further, that said secretary shall identify charges by said item of appropriation; provided further, that said secretary shall file quarterly reports with the house and senate committees on ways and means detailing said items, including federal grants and trust accounts, that have not yet paid their charges, and the reasons therefor, within three weeks of the close of each quarter; provided further, that no funds shall be expended from this item that would cause said item to be deficient `tc6 $70,230,000 `tcol;end

SECTION 61. Said section 2B of said chapter 133 is hereby further amended by striking out item 7053-2101 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 7053-2101 `tc4 For the costs of USDA commodity foods pursuant to federal law requirements `tc6 $100,000 `tcol;end

SECTION 62. 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 provisions of this chapter to the contrary, all subject matter relating to wages, hours and standards of productivity and performance, and any other terms or conditions of employment, except for matters pertaining to section thirteen, section twenty-five and 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 63. Section 3 of chapter 267 of the acts of 1992 is hereby amended by striking out, in line 2, the word "twenty-first" and inserting in place thereof the following word:- twentieth.

SECTION 64. Said section 3 of said chapter 267 is hereby further amended by striking out, in line 5, the word "twenty-eighth" and inserting in place thereof the following word:- twenty-seventh.

SECTION 65. Section 4 of said chapter 267 is hereby amended by striking out, in line 2, the word "twenty-first" and inserting in place thereof the following word:- twentieth.

SECTION 66. Said section 4 of said chapter 267 is hereby further amended by striking out, in line 5, the word "twenty-eighth" and inserting in place thereof the following word:- twenty-seventh.

SECTION 67. Section 5 of said chapter 267 is hereby amended by striking out, in line 7, the word "twenty-first" and inserting in place thereof the following word:- twentieth.

SECTION 68. Said section 5 of said chapter 267 is hereby further amended by striking out, in line 10, the word "twenty-eighth" and inserting in place thereof the following word:- twenty-seventh.

SECTION 69. Section 6 of said chapter 267 is hereby amended by striking out, in line 2, the word "twenty-first" and inserting in place thereof the following word:- twentieth.

SECTION 70. Said section 6 of said chapter 267 is hereby further amended by striking out, in line 5, the word "twenty-eighth" and inserting in place thereof the following word:- twenty-seventh.

SECTION 71. Section 7 of said chapter 267 is hereby amended by striking out, in line 4, the word "twenty-first" and inserting in place thereof the following word:- twentieth.

SECTION 72. Said section 7 of said chapter 267 is hereby further amended by striking out, in line 7, the word "twenty-eighth" and inserting in place thereof the following word:- twenty-ninth.

SECTION 73. Section 40 of chapter 50 of the acts of 1993 is hereby repealed.

SECTION 74. Item 6030-7202 in section 2A of said chapter 50 is hereby amended by inserting after the word "contract" in line 5, the following words:- ; and, provided further, that an amount not to exceed nine hundred thousand dollars may be transferred to item 6030-7201 in order to cover any deficiencies related to snow and ice expenditures.

SECTION 75. The second paragraph of section 70 of chapter 71 of the acts of 1993 is hereby amended by inserting, in the first sentence, after the words "Child Care," the following words:- a member representing the YMCAs, a member representing the Massachusetts Independent Child Care Organization,.

SECTION 76. The last sentence of section 73 of said chapter 71, is hereby amended by striking out the words "December, nineteen hundred and ninety-three" and inserting in place thereof the following words:- September, nineteen hundred and ninety-four.

SECTION 77. The fifth sentence of section 74 of said chapter 71 is hereby amended by striking out the words "December first, nineteen hundred and ninety-three" and inserting in place thereof the following words:- June first, nineteen hundred and ninety-four.

SECTION 78. The last sentence of section 78 of said chapter 71 is hereby amended by striking out the words "June first, nineteen hundred and ninety-three" and inserting in place thereof the following words:- December twenty-ninth, nineteen hundred and ninety-three.

SECTION 79. The last sentence of section 80 of said chapter 71 is hereby amended by striking out the words "September thirtieth, nineteen hundred and ninety-three" and inserting in place thereof the following words:- December twenty-ninth, nineteen hundred and ninety-three.

SECTION 80. The first paragraph of section 83 of chapter 71 of the acts of 1993 is hereby amended by inserting after the words "as a teacher in the Boston retirement system, as provided by subdivision (4) of section three of said chapter thirty-two," the following words:- as a teacher in nonpublic schools who has received creditable service according to subdivision four A of section three of said chapter thirty-two,.

SECTION 81. Section 2 of chapter 110 of the acts of 1993 is hereby amended in item 0332-5300 by striking out the wording "including not more than one hundred and three positions" and inserting in place thereof the following:- including not more than one hundred and twenty-three positions.

SECTION 82. Item 0332-5700 of said section 2 is hereby amended in by striking the wording "two million two hundred thirty-nine thousand five hundred forty-five dollars, including not more than sixty-two positions" and inserting in place thereof the following:- dollars, two million four hundred sixty-nine thousand one hundred nineteen dollars, including not more than seventy-nine positions.

SECTION 83. Item 0640-0010 of said section 2 is hereby amended by inserting, after the word "quarterly", the following words:- ; provided, that none of the funds appropriated herein shall be expended for any print, radio or television advertising which does not include a conspicuous statement of the actual odds of winning each possible prize of the advertised game; provided further, that none of the funds appropriated herein shall be expended for direct marketing concentrated to a greater extent on low-income persons or communities than on other persons or communities; and provided further that the state lottery commission shall report in writing to the house and senate committees on ways and means, not later than November first, nineteen hundred and ninety-three, its plan for expending the funds appropriated herein, with particular attention to the effect of advertising on low-income populations.

SECTION 84. Item 0920-0300 of said section 2 is hereby amended in by striking out the words "four hundred eighty-seven thousand seven hundred twenty-eight dollars, including not more than thirteen positions" and inserting in place thereof the following:- five hundred fifty thousand dollars, including not more than fifteen positions.

SECTION 85. Said section 2 is hereby further amended by striking out item 2010-0100 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 2010-0100 `tc4 For the recycling coordination program for the operation of the Springfield recycling facility and to further promote recycling activities in the commonwealth; provided, that not less than one hundred thousand dollars shall be expended for a public education campaign encouraging participation in existing curbside pick-up recycling programs in the city of Boston `tc6 $1,950,000 `tcol;end

SECTION 86. Item 2100-0005 of said section 2 is hereby amended by inserting, after the word "Mansfield", the following language:- ; provided further, that the department may expend fifty thousand dollars for the reconstruction of Godfrey brook, an existing waterway located in the town of Milford.

SECTION 87. Said section 2 is hereby further amended by striking item 2300-0100 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 2300-0100 `tc4 For the office of the commissioner, including not more than eleven positions `tc6 $499,882 `tc5 General Fund 62.5% Environmental Law Enforcement Fund 12.5% Marine Fisheries Fund 12.5% Public Access Fund 12.5% `tcol;end

SECTION 88. Item 2330-0311 of said section 2 is hereby amended by adding, after the word "data", the following words:- ; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported on the Massachusetts management accounting and reporting system, so-called.

SECTION 89. Item 3144-0003 in said section 2 is hereby amended by adding, after the word "services", the following words:- for the West Broadway housing authority task force.

SECTION 90. Item 4000-0600 of said section 2 is hereby amended by striking out the words "; provided, that expenditures for section 2176 home and community-based waiver services shall be made from this item; provided further, that said expenditures shall not exceed ten million dollars;" and inserting in place thereof the words:- ; provided, that expenditures from this item for section 2176 home and community-based waiver services provided through an interagency agreement with the executive office of elder affairs shall not exceed ten million dollars; and provided further, that expenditures for said section 2176 home and community-based waiver services provided through an interagency agreement with the department of mental retardation may also be paid from this item.

SECTION 91. 4000-0600 of said section 2 is hereby further amended by inserting after the words "managed care program", the following words:- ; provided further, that any chronic disease or rehabilitation hospital which meets the requirements of the division to participate in said managed care program, may elect to participate or not.

SECTION 92. Item 4000-0702 of said section 2 is hereby amended by striking out the words "those persons at risk of becoming eligible for the aid to families with dependent children program;" and inserting in place thereof the words "those persons eligible for supportive day care;".

SECTION 93. Item 4130-0001 of said section 2 is hereby amended by inserting after the word "system" the following words:- ; provided further, that any office for children licensing regulations, criteria, and standards relating to child care provider training shall be no less stringent than any regulations, criteria, and standards promulgated or in effect on January first, nineteen hundred and ninety-three; provided however, that nothing contained herein shall be construed to limit the office's authority to issue variances or grant licenses or certificates on a probationary basis as provided in 102 CMR 8.00 as in effect on May twenty-eighth, nineteen hundred and ninety-three.

SECTION 94. Item 4190-0100 of said section 2 is hereby amended by striking out the figure "11,427,219" and inserting in place thereof the figure:- 11,552,219.

SECTION 95. Item 4406-3000 of said section 2 is hereby amended by inserting after the words "Long Island Shelter in Boston" the following words:- ; provided further, that not more than six hundred and twenty-seven thousand dollars shall be obligated for a contract with the Middlesex shelter for the homeless.

SECTION 96. Said section 2 of said chapter 110 is hereby further amended by striking out item 4590-0300 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 `tch `tc1 `ts Item `t+1 `tch;end `tc1 4590-0300 `tc4 For the smoking prevention and cessation program pursuant to chapter two hundred and fifty-four of the acts of nineteen hundred and ninety-two; provided, that priority be given to funding programs in communities with high smoking rates among women; provided further, that not less than sixteen million dollars shall be paid from this item to the department of education for grants to cities, towns, and regional school districts for comprehensive health education programs including education on smoking prevention; provided further, that any funds distributed under this item shall be deposited with the treasurer of said city, town or regional school district held in a separate account and shall be expended without further appropriation by the school committee; provided further, that not less than six million dollars shall be expended from this item for a school health service program including enhanced school and health centers; provided further, that the department of public health and the department of education jointly establish standards and criteria for funded school health service programs; provided, however, that notwithstanding the provisions of chapter twenty-nine of the General Laws, any other provision of this act or the provisions of any other special or general law to the contrary, of the amount appropriated herein not more than thirty-three million dollars shall be allotted prior to February first, nineteen hundred and ninety-four and no further amounts shall be allotted unless the total amount of revenue credited to the Health Protection Fund since its creation, as of said February first equals or exceeds one hundred and eighteen million dollars; provided further, that on January thirtieth, nineteen hundred and ninety-four, the comptroller and the secretary of administration and finance shall certify their revenue estimates for the Health Protection Fund for the period between February first, nineteen hundred and ninety-four and June thirtieth, nineteen hundred and ninety-four; provided further, that said estimate shall take into account the effects of the anti-smoking campaign in estimating said revenues; provided further, that said revenue estimates shall be filed with the house and senate committees on ways and means; provided further, that not more than twenty-two million dollars shall be expended from this item prior to the filing of such revenue certification by the comptroller and the secretary of administration and finance; and provided further, that if the total revenue of said fund is less than said one hundred and eighteen million dollars as of said February first, then there shall be allotted not more than an amount determined by reducing twenty-one million dollars by the product of one and a half multiplied by the difference between one hundred and eighteen million and the total amount of revenue credited to the health protection fund between January first, nineteen hundred and ninety-three and February first, nineteen hundred and ninety-four; and, provided further, that notwithstanding the provisions of any general or special law to the contrary, funds credited to the Health Protection Fund shall be the only funds expended for the purposes authorized by this item `tc6 $54,000,000 `tc5 Health Protection Fund 100.0% `tcol;end

SECTION 97. Item 5055-0000 of said section 2 is hereby amended by striking the wording "three million nineteen thousand sixty-two dollars," and inserting in place thereof the following:- three million eighty-one thousand sixty-two dollars.

SECTION 98. Item 5920-2000 of said section 2 is hereby amended by striking out, in line 8, the word "more" and inserting in place thereof the following word:- less.

SECTION 99. Item 7032-0500 of said section 2 is hereby amended by adding after the words "school committee" the following words:- ; provided further, that the department is hereby authorized to expend funds from this item pursuant to section one L of chapter sixty-nine of the General Laws; provided further, that not more than one percent of the amount appropriated herein may be spent for the costs of administration; and, provided further, that the department shall file a spending plan for the amounts appropriated herein with the joint committee on education, the house and senate committees on ways and means and the secretary of education not later than September first, nineteen hundred and ninety-three.

SECTION 100. Said section 2 is hereby further amended by striking out item 7052-0006 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 7052-0006 `tc4 For grants and reimbursements for cities, towns, regional school districts and counties under the provisions of chapter six hundred forty-five of the acts of nineteen hundred and forty-eight, for (a) educational, engineering and architectural services for regional school districts, (b) surveys made of school building needs and conditions, (c) matching stabilization fund payments, (d) costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs, and (e) payments associated with admission to a regional school district; provided, that thirty-five thousand dollars of the amount appropriated herein shall be expended for a portion of the costs to be incurred by the town of Belchertown for architectural plans and drawings to be prepared for a school building project in said town; and, provided further, that said thirty-five thousand dollars shall be considered an advance payment of the reimbursement the town receives from the commonwealth for said building project under the provisions of said chapter six hundred forty-five of said acts of nineteen hundred and forty-eight `tc6 $575,000 `tc5 Local Aid Fund 100.0% `tcol;end

SECTION 101. Item 7061-0008 in said section 2 of said chapter 110 is hereby amended by striking out the figure and inserting in place thereof the following:- 1,432,831,704.

SECTION 102. Item 8100-0007 of said section 2 is hereby amended by adding after the figure 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 `tc6 `tc5 Local Aid Fund 80.0% Highway Fund 16.0% General Fund 4.0% `tcol;end

SECTION 103. Item 8200-0200 of said section 2 is hereby amended by adding after the figure 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 `tc6 `tc5 Local Aid Fund 100.0% `tcol;end

SECTION 104. Section 2B of said chapter 110 is hereby amended by striking out item 1108-6201 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 1108-6201 `tc4 For the cost of workers' compensation paid to public employees, including costs for prior fiscal years; provided, that the secretary of administration and finance shall charge, pursuant to section fourteen of this act, other items of appropriation or state agencies for costs incurred on behalf of said agencies; provided further, that said secretary shall identify charges by said item of appropriation; provided further, that said secretary shall file quarterly reports with the house and senate committees on ways and means detailing said items, including federal grants and trust accounts, that have not yet paid their charges, and the reasons therefor, within three weeks of the close of each quarter; provided further, that no funds shall be expended from this item that would cause said item to be deficient `tc6 $72,499,079 `tcol;end

SECTION 105. Said section 2B is hereby further amended by inserting after the words "EXECUTIVE OFFICE OF EDUCATION" 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 `tc3 Department of Education. `tc1 7053-2101 `tc4 For the costs of USDA commodity foods pursuant to federal law requirements `tc6 $100,000 `tcol;end

SECTION 106. Section 3 of said chapter 110 is hereby amended by striking out the words "Whitman-Hanson ... $12,117,867" and "Farmington River ... $190,721" and inserting in place thereof the following:-

Whitman-Hanson ... $12,660,381 and

Farmington River ... $202,138.

SECTION 107. Said chapter 110 is hereby further amended by striking out section 11 and inserting in place thereof the following section:-

Section 11. The group insurance commission is hereby authorized and directed to develop a chargeback plan which takes into account health insurance costs per employee to replace the system of agency chargebacks most recently in use. Said commission 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. Said commission shall submit a report of its plan, together with drafts of legislation necessary to carry said plan into effect, to the house and senate committees on ways and means and to the secretary of administration and finance, not later than October thirty-first, nineteen hundred and ninety-three.

SECTION 108. The third paragraph of section 14 of said chapter 110 is hereby amended by striking out, in the first sentence, the words "section two" and inserting in place thereof the following words:- section two B.

SECTION 109. Section 20 of said chapter 110 is hereby amended by adding the following sentence:- The board, officer or commission responsible for setting sewer charges in every city, town, district or water and sewer commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to this section shall certify to the division of local services of the department of revenue that it has reduced sewer charges to reflect its share of any aid distributed hereunder.

SECTION 110. Chapter 110 of the acts of 1993 is hereby amended by inserting after section 389 the following section:-

Section 389A. Sections 135, 136, 137, and 138 of this act shall apply to all takings of real estate or of any interest therein by eminent domain in which the right to damages vests after July first, nineteen hundred and ninety-three.

SECTION 111. Said chapter 110 is hereby further amended by striking out section 160 and inserting in place thereof the following two sections:-

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.

Section 160A. Said section 84 of said chapter 119, as so appearing, is hereby further amended by inserting after the word "training;" in line 27, the following words:- , and said court shall also find 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 112. The fifth paragraph of section 271 of said chapter 110 is hereby amended by striking out the word "act" and inserting in place thereof the following word:- section.

SECTION 113. The seventh paragraph of section 274 of said chapter 110 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The methods prescribed by the division in determining prices shall incorporate cost containment standards and shall be fair to both governmental units and providers.

SECTION 114. Said chapter 110 is hereby further amended by striking out section 276 and inserting in place thereof the following section:-

Section 276. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of revenue is hereby authorized to waive any penalty imposed under the provisions of 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 to 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 required 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 section, the term "special filing period" shall mean a period of three consecutive calendar months chosen by said commissioner in his discretion; provided, however, that such 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. Said commissioner shall prescribe such forms as are necessary to implement the provisions of this section and may require taxpayers to file such 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, however, that said 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 or fraudulent information on the forms and returns required under this section.

SECTION 115. Said chapter 110 is hereby further amended by striking out sections 309, 310 and 311 and inserting in place thereof the following three sections:-

Section 309. The department of social services is hereby authorized and directed to develop and implement a comprehensive in service training program for its employees in regard to domestic violence. Said program shall include, but not be limited to, 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 rule 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 shall be deemed not to serve anticipated future use. The removal of said 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, for the lease of thirteen thousand seven hundred square feet of space located in the Massachusetts bay transportation authority Lynn parking garage which shall be utilized as classroom space.

SECTION 116. Section 315 of said chapter 110 is hereby amended by striking the last sentence and inserting in place thereof the following sentence:- In addition to said funds, Worcester Polytechnic Institute shall receive the amount appropriated in item 7005-0003 of section two of this act; provided that, the secretary of education is hereby authorized and directed to enter into an agreement with Worcester Polytechnic Institute to operate a school of excellence in mathematics and science for public high school students in fiscal year nineteen hundred and ninety-four.

SECTION 117. Section 316 of said chapter 110 is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentences:- 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, or that will be required to use revenues for extraordinary non-school related expenses for which it did not have to use revenues in the preceding fiscal year, may appeal to the department of revenue no later than October first, nineteen hundred and ninety-three for an adjustment of its local contribution. If the claim is determined to be valid, the department of revenue shall reduce proportionately the prior year local contribution amount based on the amount of shortfall in revenue or reduce the current year minimum required local contribution amount proportionately based on the amount of increase in extraordinary expenditures in the current fiscal year, provided, however, that no adjustment to the local contribution on account of an extraordinary expense raised in the budget of the fiscal year beginning on July first nineteen hundred ninety-three shall affect the calculation of the local contribution in subsequent fiscal years.

SECTION 118. Section 322 of said chapter 110 is hereby amended by striking out the words "nine million eight hundred seventy-six thousand one hundred and eighty-six" and inserting in place thereof the words:- ten million, two hundred and seventy-one thousand, two hundred and thirty-three.

SECTION 119. Said chapter 110 is hereby further amended by inserting after section 387 the following section:-

Section 387A. The provisions of section fifty-four of this act shall take effect as of July first, nineteen hundred and ninety-two.

SECTION 120. Notwithstanding the provisions of any general or special law to the contrary, any unexpended balance of the items of appropriation contained in the general appropriation act and any supplemental appropriation acts for fiscal year nineteen hundred and ninety-three for the trial court department of the judiciary shall be placed into item number 0330-4100 and such funds in an amount not to exceed three million three hundred thousand dollars in said account shall be available for expenditure in fiscal year nineteen hundred and ninety-four subject to the provisions of said account appropriated in the general appropriation act for fiscal year nineteen hundred and ninety-four.

SECTION 121. Notwithstanding the provisions of any general or special law to the contrary, any unexpended balance of item 2320-0101 contained in the general appropriation act and any supplemental appropriation acts for fiscal year nineteen hundred and ninety-three shall be transferred into item number 2320-0100 and such funds in an amount not to exceed one hundred fifty-five thousand dollars in said account shall be available for expenditure in fiscal year nineteen hundred and ninety-four subject to the provisions of said item 2320-0101.

SECTION 122. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized to transfer from the following items such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and ninety-three, to those of the following items which would otherwise have insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-three; provided, however, that each amount transferred shall be charged to such funds as specified in the item to which said amount is transferred: 0699-0090, 0699-0100, 0699-1901, 0699-1902, 0699-1903, 0699-3901, 0699-3902, 0699-3903, 0699-6800, 0699-6801, 0699-6900, 0699-8300, 0699-8301, 0699-8302, 0699-9100, 0699-9200.

SECTION 123. The powers and duties conferred upon the division of water pollution control, and upon the director of the division of water pollution control or his authorized representative or delegate by chapter twenty-one of the General Laws shall be exercised by the commissioner of the department of environmental protection, or his authorized representative or delegate, respectively. The commissioner is hereby directed to file within one hundred and eighty days, proposed legislation making any necessary corrective changes in said chapter twenty-one.

SECTION 124. Notwithstanding the provisions of any general or special law to the contrary, the entire gross square footage of any building or structure owned by the commonwealth and subject to the provisions of section twenty-six A of chapter one hundred and forty-eight of the General Laws shall comply with the provisions of said section not later than March thirtieth, nineteen hundred and ninety-seven.

SECTION 125. Notwithstanding any general or special law to the contrary, the studies and reports required by sections two hundred and five, two hundred and twenty, two hundred and twenty-one, two hundred and twenty-two and two hundred and twenty-three of chapter three hundred and seventy-nine of the acts of nineteen hundred and ninety-two may be filed on or before December thirty-first, nineteen hundred and ninety-four.

SECTION 126. 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 retire George E. DeRome, a police officer of the metropolitan district commission police who as a result of permanent and crippling injuries sustained while in the performance of his duties on November sixteenth, nineteen hundred and eighty-three, is totally and permanently incapacitated for further services as a police officer, at a yearly amount of pension equal to the regular rate of compensation he would have been entitled to receive had he continued service as a metropolitan district commission police officer at the grade held by him at the time of his retirement.

Such retirement shall become effective as of the date following the last day on which he was entitled to receive regular compensation.

Upon the death of George E. DeRome, if Paula DeRome, his wife, survives him, the state retirement board is authorized and directed to pay to her as long as she remains unmarried, an annuity in the amount of three-fourths of the pension payable to George E. DeRome at the time of his death.

Upon the retirement of George E. DeRome, the state retirement board shall forthwith pay him all amounts standing to his credit in the annuity savings fund of the state retirement system.

The provisions of section one hundred of chapter forty-one of the General Laws shall continue to apply to said George E. DeRome, relative to his receiving such indemnification by said commission for all hospital, medical and related expenses that have been or may be incurred after the date of his retirement as a result of the aforementioned incapacity.

SECTION 127. Notwithstanding any general or special law or rule to the contrary any employees of the Bureau of Special Investigations who had been separated from a position within the office of Bureau of Special Investigations because of lack of work or lack of money or abolition of positions shall be reinstated in the same positions or positions similar to those formerly held by them according to seniority, so that employees senior in length of service, shall be retained the longest and reinstated first. Said employees separated from such positions shall be reinstated prior to the appointment of any other applicants to fill such positions or similar positions, provided that the right to such reinstatement shall lapse at the end of the five-year period following the date of such separation.

SECTION 128. Notwithstanding the provisions of chapter seventy of the General Laws or any other general or special law to the contrary, any municipality whose expenditures for fiscal year nineteen hundred and ninety-three are in excess of its foundation budget for the school districts for which it belongs, may apply to the commissioner of education for a reduction in its preliminary local contribution so that the increase in said preliminary local contribution is no less than the amount of minimum aid received by the municipality in any fiscal year. The commissioner may grant said waiver to municipalities upon determining that the municipality is offering a full array of educational programs and support services. The commissioner's consideration shall include whether pupils are charged to participate in programs and activities and whether there exists a significantly high level of student performance as determined by state assessment instruments; provided, that the commissioner shall draft regulations stipulating criteria for said waiver; and, provided further, that said regulations shall be filed with the joint committee on education, arts and humanities at least forty-five days prior to the effective date of said regulations.

SECTION 129. Notwithstanding section sixteen B of chapter seventy-one of the General Laws or any other general or special law to the contrary, in nineteen hundred and ninety-three only, if a regional school district budget is not approved by at least two-thirds of the member municipalities as required by said section sixteen B, the regional school district committee may, with the approval of the commissioner of education, have an additional forty-five days, beyond the initial thirty-day period, to reconsider, amend and reapportion said budget.

SECTION 130. Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine of the General Laws or any other general or special law to the contrary, all children residing on Fort Devens, a federal reservation, who have been admitted to a public school under the provisions of section twelve B of chapter seventy-six of the General Laws shall, for the purposes of said section twelve B and section six of chapter one hundred thirty-three of the acts of nineteen hundred and ninety-two, be considered residents of the municipality that is currently receiving funds pursuant to P.L. 81-874, Title 20 United States Code section 236 for said students. This section shall expire upon the closure of Fort Devens.

SECTION 131. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized and directed to transfer funds from item 1108-5230 of section two of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two to the item of appropriation listed below. The funds so transferred shall be for the purposes of and subject to the conditions established in item 1108-5220 of said section two of said chapter one hundred and thirty-three. `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 1108-5220 `tc4 `tc6 $400,000 `tcol;end

SECTION 132. 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 133. Notwithstanding any general or special law to the contrary, regional school districts receiving local aid payments pursuant to chapter seventy of the General Laws that had previously been paid to a member community shall credit each community with such aid in determining its fiscal year nineteen hundred and ninety-four member assessment. Said member assessment shall be reduced to reflect the amount of state school aid allocated from the member community to the regional school district. Said assessments shall be further reduced by the amount of any equity aid received by the regional district pursuant to said chapter seventy. The department of education may, for good cause shown, determine an alternate amount for reduction of said assessments if such adjustment is necessary to effectuate the purposes of this section. Notwithstanding the provisions of section three of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, the department may withhold any state and federal funds from said regional districts if they fail to comply with the requirements imposed pursuant to this section.

SECTION 134. Any new assessments created by section one D, one F, one I, one J and one K of chapter sixty-nine of the General Laws, as amended by section twenty-nine of chapter seventy-one of the acts of nineteen hundred and ninety-three, shall be implemented by the department of education for the school years nineteen hundred and ninety-four and nineteen hundred and ninety-five.

SECTION 135. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, no 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 Duxbury to the Gurnet and Saquish landfall in 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 or barrier dune or portions thereof, and maintenance and 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 landfill, 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 be stayed during the pendency of a judicial or administrative appeal.

The activities permitted by any order of conditions shall be authorized to continue during the pendency of an appeal, but only if such activities conform to the conditions set forth in such 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 act 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 a final superseding order of conditions has issued. Nothing contained herein shall be construed to stay of a final decision of an administrative body not subject to further administrative appeal or of a judicial body.

SECTION 136. Notwithstanding the provisions of item 9110-1633 in section 2 of chapter 110 of the acts of 1993 or any other special or general law to the contrary, contracts between the Executive Office of Elder Affairs and home care corporations or other qualified bidders for the administration of the home care program, so-called, shall include reasonable costs for rent.

SECTION 137. Notwithstanding any general or special law to the contrary, any former per diem court officer who has been subsequently appointed or made a full-time court officer shall, for the purposes of establishing seniority, be credited with any time served in said per diem capacity.

SECTION 138. Notwithstanding any general or special law to the contrary, any collective bargaining agreement entered into by any county that receives funds from the commonwealth and any recognized collective bargaining unit shall be deemed to be approved.

SECTION 139. There is hereby commissioned a study to be contracted out and overseen by the Massachusetts film office within the executive office of economic affairs. Said study shall be contracted out by the Massachusetts film office to the organization, Massachusetts Organizations Vying for the Industry of Entertainment, herein referred to as MOVIE. The main purpose of said study shall be an evaluation of the feasibility of constructing a film and video sound stage in the city of Boston. Such study shall include but not be limited to: (1) an analysis of the costs of renovating existing structures, or constructing new buildings, to house said sound stage; (2) a study to determine whether a viable market exists to justify construction of said sound stage; (3) to examine the potential revenues which might be drawn by the construction of a sound stage in the city of Boston. MOVIE, in the course of its investigation and study, shall take into account the implications of the construction of said sound stage on the people and property of neighboring communities and adjacent parcels of land.

MOVIE shall have access to any data from the Massachusetts film office it deems necessary to conduct its duties. No member of MOVIE or its staff shall employ any such data for any purpose other than carrying out the duties set forth in this section.

The results of said study shall be reported to the general court together with recommendations and drafts of legislation necessary to carry said recommendations into effect by submitting a copy of said report to the clerk of the senate and the clerk of the house of representatives.

SECTION 140. The board of education shall have the authority to issue standard certificates to all persons who apply for certificates prior to October first, nineteen hundred and ninety-four and who meet the requirements for certification adopted by the board as set forth in its regulations for the certification of educational personnel. All regulations necessary to implement the provisions of section thirty-eight G of chapter seventy-one of the General Laws, as appearing in section forty-one of chapter seventy-one of the acts of nineteen hundred and ninety-three, shall be promulgated by the department of education not later than December thirty-first, nineteen hundred and ninety-three and, not later than October first, nineteen hundred and ninety-four, shall apply to all persons who apply for certificates.

SECTION 141. The department of public health shall name one of the grants in the breast cancer research grant program, authorized in item 4570-1500 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, as the "Suzanne Sheats Breast Cancer Research Fellowship".

SECTION 142. The secretary of administration and finance and the state budget director are hereby authorized and directed to conduct a study relative to the costs associated with completing Medicaid final retrospective rate settlements, including net liabilities owed to nursing homes, hospitals, home health agencies and other providers whose reimbursement rates are set by the rate setting commission and liabilities owed as a result of rate appeals. Said study shall calculate the entire outstanding final rate liability for the years preceding nineteen hundred and ninety-one and shall develop a payment schedule to liquidate said liabilities. Said study shall be filed with the senate and house committees on ways and means no later than December thirty-first, nineteen hundred and ninety-three; provided, however, that said secretary and director may file a partial report concerning total net liabilities owed to a single category of provider prior to completion of the study of net liability owed to all providers. Notwithstanding the provisions of any general or special law to the contrary, no payments of said final rates shall be made until the completion of said study and until the general court specifically appropriates additional funds for said purpose.

SECTION 143. The department of highways is hereby prohibited from any further privatization of said department of highway functions for a period of ninety days from the effective date of this act.

SECTION 144. A special commission on historic preservation is hereby established. The special commission shall be comprised of twenty-four members who shall serve without compensation. Notwithstanding any provision of section six of chapter two hundred and sixty-eight A to the contrary, 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 state of the commonwealth or his designee; the state historic preservation officer or his designee; the chairmen of the legislature's joint committee on natural resources and agriculture; the chairmen of the legislature's joint committee on commerce and labor; five public members from the historic preservation community to be chosen by the governor; five public members from the development and real estate community, including owners of historic property, to be chosen by the governor; and four members of the general court, two from the senate to be chosen by the senate president, and two from the house of representatives to be chosen by the speaker of the house. The chairmen of the natural resources and agriculture committee shall act as co-chairs of the commission.

Said commission shall review and make recommendations to the administration and the legislature 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.

Said 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 clerk of the house of representatives and with the clerk of the senate six months from the enactment of this legislation.

SECTION 145. The comptroller is hereby authorized and directed to promulgate rules and regulations to ensure that, effective July first, nineteen hundred and ninety-three, agencies are informed that no payment of prior year deficiencies, so-called, will be made until such time, as such comptroller has certified to the house and senate committees on ways and means that sufficient funds, excluding interest costs, were available and did revert in the prior fiscal year in which said deficiency occurred.

SECTION 146. The rules and regulation to be promulgated by the department of environmental protection pursuant to subsection (b) of section eighteen A of chapter twenty-one A of the General Laws, shall be completed no later than one hundred and eighty days after the effective date of section ten of this act.

SECTION 147. The rules and regulations to be promulgated by the department of public safety pursuant to section twenty of chapter twenty-two of the General Laws, inserted by section eleven of this act, shall be completed by January first, nineteen hundred and ninety-four; provided, that said department shall adopt emergency regulations governing carriage horses in the interim period.

SECTION 148. Sections fifty-seven to sixty-one, inclusive, of this act shall take effect on July first, nineteen hundred ninety-two.

SECTION 149. Sections eighty-one to one hundred and nineteen, inclusive, of this act shall take effect as of July first, nineteen hundred and ninety-three.

SECTION 150. Except as otherwise provided, the provisions of this act shall take effect upon its passage.