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-four, 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 ten of the acts of nineteen hundred and ninety-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 ten, for the fiscal year ending June thirtieth, nineteen hundred and ninety-four, the sums so appropriated to be in addition to any amounts available for the purpose.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 ATTORNEY GENERAL. `tc2 Office of the Attorney General. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0810-0045 `tc4 `tc6 $306,000 `tc3 OFFICE OF CAMPAIGN AND POLITICAL FINANCE. `tc1 0920-0300 `tc4 `tc6 $16,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Massachusetts Teachers' Retirement Board. `tc1 1108-4010 `tc4 `tc6 $531,922 `tc2 Department of Veterans' Services. `tc1 1410-0250 `tc4 `tc6 $130,000 `tc2 Reserves. `tc1 1599-0002 `tc4 `tc6 $23,500 `tc1 1599-0035 `tc4 `tc6 $1,039,418 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Protection. `tc1 2220-2205 `tc4 `tc6 $311,908 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2350-0101 `tc4 `tc6 $52,303 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Holyoke Soldiers' Home. `tc1 4190-0100 `tc4 `tc6 $265,000 `tc2 Department of Youth Services. `tc1 4202-0001 `tc4 `tc6 $1,780,161 `tc1 4202-0003 `tc4 `tc6 $680,000 `tc1 4238-1000 `tc4 `tc6 $970,000 `tc2 Department of Public Welfare. `tc1 4403-2100 `tc4 `tc6 $10,800,000 `tc2 Department of Public Health. `tc1 4513-1000 `tc4 `tc6 $1,200,000 `tc2 Department of Mental Retardation. `tc1 5920-2000 `tc4 `tc6 $1,500,000 `tc1 5920-5000 `tc4 `tc6 $1,400,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Higher Education. `tc1 7077-0023 `tc4 `tc6 $325,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Board of Building Regulations. `tc1 8000-0160 `tc4 `tc6 $72,500 `tc2 Division of Fire Prevention and Regulation. `tc1 8314-1300 `tc4 `tc6 $110,573 `tc2 Department of Correction. `tc1 8900-0004 `tc4 `tc6 $2,246,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc1 `tc2 Office of the Secretary. `tc1 9000-2200 `tc4 `tc6 $20,000 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Racing Commission. `tc1 9210-0001 `tc4 `tc6 $102,200 `tc2 Community Antenna Television Commission. `tc1 9215-0001 `tc4 `tc6 $35,000 `tc2 Division of Registration. `tc1 9230-0001 `tc4 `tc6 $250,000 `tc2 Department of Public Utilities. `tc1 9270-0001 `tc4 `tc6 $30,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Department of Industrial Accidents. `tc1 9440-0200 `tc4 `tc6 $1,426,701 `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 ten of the acts of nineteen hundred and ninety-three for the fiscal year ending June thirtieth, nineteen hundred and ninety-four. `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 Services. `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 $4,704,295 `tc5 General Fund 20.0% Local Aid Fund 80.0% `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 $507,606 `tc5 General Fund 20.0% Local Aid Fund 80.0% `tc3 SECRETARY OF STATE. `tc1 0521-0001 `tc4 For the printing and postage expenses for mailed voter registration forms; provided, that the funds appropriated herein shall be made available only after enactment of legislation providing for voter registration by mail that is to take effect on or before July first, nineteen hundred ninety-four `tc6 $250,000 `tc5 Local Aid Fund 100.0% `tc1 0521-0002 `tc4 For a study of a central computerized registry of voters; provided, that the funds appropriated herein shall be made available only after enactment of legislation providing for said study; provided further, that, the full amount appropriated herein shall be allocated to the office of management information system to conduct said study; and provided further, that said study shall explore the use of existing statewide computer systems and data, including systems utilized by the registry of motor vehicles and shall include such findings in its full report to be submitted to the general court on or before March second, nineteen hundred and ninety-four `tc6 $75,000 `tc5 Local Aid Fund 100.0% `tc1 0521-0003 `tc4 For the legal costs associated with legislative redistricting `tc6 $200,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Veterans' Services. `tc1 0610-0093 `tc4 For the purposes of allowing the department of veterans' services to make bonus payments to Persian Gulf war veterans; provided, that all such payments shall be consistent with the purposes of the trust instrument for "A Hero's Welcome Trust Fund" `tc6 $420,000 `tc5 A Hero's Welcome Trust Fund 100.0% `tc2 Division of Capital Planning and Operations. `tc1 1102-3221 `tc4 The division of capital planning and operations is hereby authorized to expend for consultant personnel two hundred thousand dollars from revenues received from the Massachusetts convention center authority for project management services related to the renovation of the Boston common garage, pursuant to the provisions of section forty-two J of chapter seven of the General Laws `tc6 $200,000 `tc2 Department of Procurement and General Services. `tc1 1104-1092 `tc4 The department of procurement and general services is hereby authorized to expend revenues collected up to a maximum of one hundred and forty thousand dollars, in addition to the amount authorized in item 1104-6603 of section two B of this act, for printing, photocopying, related graphic art or design work, and other reprographic goods and services provided to the general public, including all necessary incidental expenses `tc6 $140,000 `tc2 Reserves. `tc1 1599-3388 `tc4 For a reserve for the payment by the state comptroller of a settlement of sex-based wage discrimination claims filed by female faculty of the community colleges and associated legal fees in Border v. Board of Regents, C.A. No. 86-3016-Z, in accordance with regulations promulgated by the comptroller and pursuant to a settlement agreement executed by the commonwealth on November third, nineteen hundred and ninety-two `tc6 $10,552,666 `tc1 1599-3735 `tc4 For a reserve to meet the cost of salary adjustments incurred to implement section one hundred six of chapter four hundred twelve of the acts of nineteen hundred and ninety-one; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and ninety-three nineteen hundred and ninety-four such amounts as are necessary to meet the cost of said adjustments for said fiscal years where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which such items of appropriation are charged `tc6 $1,614,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 1599-3736 `tc4 For a reserve to meet the cost of salary adjustments incurred to implement section twenty-eight A of chapter twenty-two C of the General Laws; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and ninety-three and nineteen hundred and ninety-four such amounts as are necessary to meet the cost of said adjustments for said fiscal years where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which such items of appropriation are charged `tc6 $2,102,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 1599-3737 `tc4 For a reserve to meet the cost of salary adjustments authorized by the collective bargaining agreement between the commonwealth and the state police association of Massachusetts (Unit 5A); and to meet the cost of salary adjustments necessary to provide equal salary adjustments or benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments for "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocation thereof for the fiscal years nineteen hundred and ninety-three and nineteen hundred and ninety-four such amounts as are necessary to meet the cost of said adjustments for said fiscal years where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which such items of appropriation are charged `tc6 $11,159,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 1599-3738 `tc4 For a reserve to meet the cost of employee economic benefits authorized by the collective bargaining agreement between the commonwealth and the state police association of Massachusetts (Unit 5A); provided, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and ninety-three and nineteen hundred ninety-four such amounts as are necessary to meet the cost of said benefits for said fiscal years where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of said benefits to the several state or other funds to which such items of appropriation are charged `tc6 $2,862,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 1599-3739 `tc4 For a reserve to meet the cost of employee fringe benefits authorized by the collective bargaining agreement between the commonwealth and the state police association of Massachusetts (Unit 5A) in fiscal year nineteen hundred and ninety-four; provided, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and ninety-three and nineteen hundred ninety-four such amounts as are necessary to meet the costs of said benefits for said fiscal years where the amounts otherwise available are insufficient for the purpose; and provided further, that said secretary is authorized to allocate the cost of such items of appropriation are charged `tc6 $3,636,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tc1 1599-3905 `tc4 For a reserve to meet the cost of salary adjustments and other employee economic benefits authorized by the supplemental agreement between the commonwealth and the Massachusetts correction officers federated union (unit 4); and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments or benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to transfer from the from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal years nineteen hundred and ninety-three and nineteen hundred and ninety-four such amounts as are necessary to meet the cost of said salary adjustments and benefits for said fiscal years where the amounts otherwise available are insufficient for the purpose; provided further, that said secretary is authorized to allocate the cost of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that copies of said supplemental agreement, and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said salary adjustments and benefits; and, provided further, that no transfers shall be made from this item without prior notice provided to the house and senate committees on ways and means `tc6 $12,644,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Protection. `tc1 2200-1202 `tc4 For the creation of a definitive map of the town of Provincetown coastline which shall distinguish the historic high water mark between the Cape Cod National Seashore and Howland street along the commonwealth tidelands of said town; provided, however, that such map shall include specifications to comply with regulations, as promulgated by the department, pursuant to chapter ninety-one of the General Laws `tc6 $30,000 `tc5 Local Aid Fund 100.0% `tc2 Metropolitan District Commission. `tc1 2440-0150 `tc4 For the reimbursement to the town of Stoneham of an amount not to exceed fifty-five thousand dollars for the purchase of equipment to be used for emergency situations, including, but not limited to, state owned property within said town `tc6 $55,000 `tc5 Local Aid Fund 100.0% `tc1 2460-1100 `tc4 For reimbursements in the amount of eight thousand five hundred dollars to the city of Cambridge in order to fulfill an obligation by the metropolitan district commission for a guard rail at the morse school `tc6 $8,500 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3000-9320 `tc4 The executive office of communities and development may expend an amount not to exceed twenty thousand dollars accrued from fees collected for the printing and distribution costs of "Community Profiles"; provided, that, notwithstanding the provisions of any general or special law to the contrary, the executive office of communities and development is hereby authorized to establish a fee sufficient to cover the costs of printing and distributing said "Community Profiles" `tc6 $20,000 `tc1 3799-1966 `tc4 For the loan program pursuant to the proposed amendment to section one hundred and ninety-seven E of chapter one hundred and eleven of the General Laws for lead abatement throughout the commonwealth; provided, that the funds appropriated herein shall be made available only after enactment of legislation authorizing said lead paint abatement program; provided further, that the maximum loan made under said loan program shall not exceed five thousand dollars per unit and the terms and conditions of such loans will be based on an income level criteria and include terms and plans that allow low and moderate income individuals to defer loan repayment until transfer of the property; provided further, that funds made available herein shall be administered by the executive office of communities and development in consultation with the department of public health; provided further, that said executive office shall promulgate necessary rules and regulations for said loan program no later than April fifteenth, nineteen hundred and ninety-four `tc6 $2,250,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Office of the Secretary. `tc1 4000-0201 `tc4 For the additional costs of the MassJobs day care program which are solely attributable to the court decision in the case of Lisa Healey and others v. the commissioner of public welfare 414 Mass. 18; provided, that the secretary of health and human services, the state budget director, and the secretary of administration and finance are hereby authorized and directed to develop a cost containment plan to limit spending for the MassJobs day care program to the amounts made available in this item and in item 4000-0200 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three and shall submit said cost containment plan to the house and senate committees on ways and means no later than March first, nineteen hundred and ninety-four; and, provided further, that, notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to withhold advances and expenditures from this item until such time as said cost containment plan is filed with said committees on ways and means `tc6 $12,400,000 `tc2 Division of Medical Assistance. `tc1 4000-0440 `tc4 For the payment of prior fiscal year expenses for a program of medical services for disabled children and adults `tc6 $1,200,000 `tc1 4000-0810 `tc4 For Winthrop hospital for a medicaid upper limit adjustment incurred in prior fiscal years and pursuant to Title XIX of the Social Security Act, provided, that future payments to this facility for prior year final rates and settlements shall be offset by the amount appropriated herein `tc6 $153,423 `tc1 4000-0811 `tc4 For payment to the Hampshire county long term care facility to satisfy the decision of the rate setting commission of October fourth, nineteen hundred and ninety-three; provided, however, that such payment shall be made on or before January twentieth, nineteen hundred and ninety-four; provided, that future payments to this facility for prior year final rates and settlements shall be offset by the amount appropriated herein `tc6 $492,000 `tc1 4000-0830 `tc4 For the intergovernmental transfer component of the medicaid rate to the university of Massachusetts medical center for hospital services as provided pursuant to the terms and conditions of the contract between the division of medical assistance and said medical center; provided, that programs funded pursuant to this item shall not create recurring liabilities to the commonwealth in future fiscal years; provided further, that the general fund shall be reimbursed seven million five hundred thousand dollars by the medical center for its share of funds transferred pursuant to this item; and provided further, that said hospital shall submit by April thirtieth nineteen hundred ninety-four, to the house and senate committee on ways and means, a report detailing the programs funded from this item `tc6 $15,000,000 `tc2 Department of Public Health. `tc1 4510-0617 `tc4 For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire; provided, that the radiation control program shall evaluate, implement and conduct a program of environmental radiological monitoring of nuclear power plants; provided further, that said program shall include a continuous real-time environmental radiological monitoring system for Massachusetts cities and towns located within the emergency planning zone of said nuclear power plant in Seabrook, New Hampshire; provided however that should said department contract with a private contractor for services to provide said monitoring, then notwithstanding any general or special law to the contrary the provisions of section twenty-nine A of chapter twenty-nine shall be applicable; furthermore the inspector general shall conduct a review of said contract to ensure that the provisions of chapter twelve A have been complied with; in addition, said contract shall be subject to review by the senate and house committees on post audit and oversight; provided further, that the cost of said item may be assessed on electric companies in Massachusetts which own, in whole or in part, or purchase from the Seabrook nuclear power plant and those located outside the commonwealth whose nuclear power plant areas, as defined by section two B of chapter six hundred thirty-nine of the acts of nineteen hundred fifty, and as amended by section twenty-four of chapter seven hundred ninety-six of the acts of nineteen hundred seventy-nine, include communities located within item the commonwealth; provided further, that for the purposes of said item electric companies shall be defined as all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution of electricity in the commonwealth; and provided further, that the costs of personnel may be charged to this item `tc6 $50,000 `tc2 Department of Social Services. `tc1 4800-0014 `tc4 For expenses incurred by a revenue maximization vendor contract only; provided, that the comptroller is hereby authorized and directed to transfer from item 4800-0015 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three to this item, all charges attributable to said contract `tc6 $2,700,000 `tc2 Department of Mental Health. `tc1 5055-0010 `tc4 For hearings concerning the determination of sexual dangerousness for residents of the Bridgewater treatment center; provided, that liability insurance shall not be paid from this item `tc6 $138,859 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7027-0017 `tc4 To fund a study commission to determine the feasibility of establishing a technology center on the campus of Minuteman Regional Vocational Technical School in the town of Lexington for the purposes of facilitating recruitment and training of technicians through a partnership with industry, primarily in the electromagnetical, biomedical, marine electronics biotechnology and environmental fields; provided, that said study commission shall consist of the following: the commissioner of employment and training, deputy policy officer for the executive office or other designee of the governor, a representative of the department of education, a representative from a private higher educational institution, a representative from a state college, five representatives from high and bio-technology companies, one representative from the house and one from the senate and five educational representatives `tc6 $15,000 `tc2 Higher Education Coordinating Council. `tc1 7514-0101 `tc4 For a reserve for the operational and maintenance expenses incurred by Springfield technical community college associated with the acquisition of the digital property, so-called; provided, that no funds shall be encumbered or expended from this item until said Springfield technical community college acquires said digital property and until a spending plan is filed with the house and senate committees on ways and means; provided further, that said college may expend revenues in an amount not to exceed five hundred seventy-five thousand dollars received from rent, utility and other charges for the operation and maintenance of said property `tc6 $606,920 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Massachusetts Emergency Management Agency. `tc1 8800-0050 `tc4 For grants and reimbursements to state agencies and departments, police agencies, Massachusetts national guard, public housing authorities, county departments and agencies, mosquito control districts, cities and towns for assistance as a result of the presidential declaration of emergencies occasioned by the natural disaster of the "December blizzard", December eleventh, twelfth, and thirteenth, nineteen hundred and ninety-two, and the "March Blizzard", March twelfth, nineteen hundred and ninety-three; provided, that such assistance shall be twelve and one-half percent of the total assistance determined as eligible by the federal emergency management agency, FEMA so-called, as documented in "damage survey reports", according to a schedule of disbursement and prepared by the Massachusetts emergency management agency; provided further, that said assistance shall include, but not be limited to, debris removal; protective measures; repairs, construction, reconstruction; and other measures for road and bridges, water control facilities, public buildings and public utilities, and other allowable activities, including administrative authorized by FEMA; provided further, that of the sum appropriated herein, not less than one million six hundred twenty-nine thousand two hundred seventy-two dollars shall be made available for assistance associated with Disaster #0975 - "December blizzard 1992"; and provided further, that of the sum appropriated herein, not less than one hundred eighty-two thousand two hundred one dollars shall be made available for Disaster #3103 - "March blizzard 1993" `tc6 $1,811,473 `tc5 Local Aid Fund 100.0% `tc1 8800-0060 `tc4 For emergency disaster relief to the town of Hadley for damages caused and expenses incurred as a result of the storm and flooding occurring on April first, nineteen hundred and ninety-three `tc6 $32,293 `tc5 Local Aid Fund 100.0% `tc2 County Corrections. `tc1 8910-0001 `tc4 For state financial assistance of county corrections operations and maintenance; provided, that not less than two hundred eighty-eight thousand seven hundred two dollars be made available to Barnstable county; provided further, that not less than one hundred sixty-four thousand eight hundred seventy-three dollars be made available to Berkshire county; provided further, that not less than nine hundred sixty-nine thousand nine hundred thirty-three dollars be made available to Bristol county; provided further, that not less than fifty-one thousand six hundred ninety-nine dollars be made available to Dukes county; provided further, that not less than one million one hundred forty-eight thousand six hundred fifty-four dollars be made available to Essex county; provided further, that not less than one hundred thirteen thousand three dollars be made available to Franklin county; provided further, that not less than one million nine hundred eighteen thousand one hundred seventy-five dollars be made available to Hampden county; provided further, that not less than three hundred forty-five thousand six hundred ten dollars be made available to Hampshire county; provided further, that not less than five hundred ninety-one thousand one hundred sixty-eight dollars be made available to Middlesex county; provided further, that not less than seven hundred thirty-one thousand eight hundred eighteen dollars be made available to Norfolk county; provided further, that not less than eight hundred one thousand six hundred twenty-seven dollars be made available to Plymouth county; provided further, that not less than two million five hundred thirty thousand sixty-five dollars be made available to Suffolk county; provided further, that not less than one million sixty-two thousand three hundred ninety-six dollars be made available to Worcester county; provided further, that the balance be made available for additional county correction shortfalls and for county correction collective bargaining agreement costs to be distributed by the county government finance review board; provided further, that Hampden county shall not receive additional funding from said balance for county corrections operational and maintenance expenses; provided further, that each county receiving an appropriation pursuant to this item shall adjust their spending plans to reflect this additional appropriation; provided further, that said spending plan shall be subject to the further review and approval by the county government finance review board; provided further, that each county shall adjust expenditures appropriately so that no further supplemental appropriation is needed nor requested in fiscal year nineteen hundred and ninety-four; and provided further, that each said county receiving an appropriation shall submit said plans to the house and senate committees on ways and means by January thirty-first, nineteen hundred and ninety-four `tc6 $18,000,000 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-0160 `tc4 For the purpose of financing the establishment of the latino economic development center pursuant to the recommendation of the Hispanic-American advisory commission `tc6 $250,000 `tc1 9000-1804 `tc4 For the implementation of a regionalization and job creation program to be administered by the Massachusetts office of business development; provided, that funds made available herein shall not be expended for any purposes other than said program `tc6 $430,000 `tc1 9000-1805 `tc4 For a program to market and promote the Massachusetts' business environment outside the commonwealth and internationally in an effort to attract and retain targeted industries and businesses; provided, that said program shall be directed at increasing awareness of the Massachusetts office of business development's services, investment incentives and economic development programs and shall not incorporate the statements, testimony, signature or likeness of any previous or current officer or employee of the commonwealth in any marketing or promotional materials `tc6 $1,000,000 `tc1 9000-1921 `tc4 For the publication of a heritage tour guide for "Cape Heritage '94"; provided, that the funds made available herein shall be allocated to Barnstable county and expended under the direction of the cape and islands historical association `tc6 $25,000 `tc5 Local Aid Fund 100.0% `tc1 9000-2105 `tc4 For the Massachusetts technology development partnering program for the purposes of accelerating the conversion and diversification of defense-dependent industries in Massachusetts to civilian technologies and markets by establishing a matching fund program for technology development proposals made to the federal technology reinvestment program within the advanced research projects agency of the department of defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, and other federal defense conversion and diversification programs under which matching fund programs Massachusetts-based proposers to the federal technology reinvestment project and similar programs shall be eligible for state grants and/or endorsements, and for demonstration projects within Massachusetts supportive of such federal defense conversion and diversification programs `tc6 $1,000,000 `tc2 Division of Energy Resources. `tc1 9095-0005 `tc4 For expenses related to the special commission established pursuant to section three hundred and eighty-five of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, to study and report on the feasibility and impact of mergers or acquisitions of one or more investor-owned gas or electric utilities within the commonwealth by one or more other investor-owned gas or electric utilities servicing the commonwealth; provided, that funds made available in this item shall be administered directly by said special commission `tc6 $100,000

`tcol;end

SECTION 2B. To provide for certain unanticipated intragovernmental chargebacks and to meet certain requirements of law, the sums set forth herein shall be appropriated for the several purposes and subject to the conditions specified in chapter one hundred and ten of the acts of nineteen hundred and ninety-three, including fund designations of said chapter one hundred and ten 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 ten for the fiscal year ending June thirtieth, nineteen hundred and ninety-four. The sums so appropriated shall be in addition to any amounts available for said purposes. `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 FOR ADMINISTRATION AND FINANCE. `tc2 Workers' Compensation Litigation Unit. `tch `tc1 `ts Item `t+1 `tch;end `tc1 1100-1111 `tc4 `tc6 $110,000 `tc2 Department of Procurement and General Services. `tc1 1104-5211 `tc4 `tc6 $2,420,000 `tc1 1104-6600 `tc4 `tc6 $460,000 `tc1 1104-6603 `tc4 `tc6 $75,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Metropolitan District Commission. `tc1 2410-1003 `tc4 For the costs of the purchase of fuel, oil, and other associated products for other state agencies `tc6 $450,000 `tcol;end

SECTION 3. Section 115A of chapter 6 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 29, the word "one" and inserting in place thereof the following word:- five.

SECTION 4. Section 179 of said chapter 6, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following words:- executive office of environmental affairs.

SECTION 5. Said section 179 of said chapter 6, as so appearing, is hereby further amended by striking out the third paragraph.

SECTION 6. Section 52 of chapter 7 of the General Laws, as appearing in section 1 of chapter 296 of the acts of 1993, is hereby amended by adding the following sentence:- The general court does not intend to restrict the use of community facilities to provide care for clients of state agencies, if any privatization contract relating to such facilities otherwise complies with the provisions of said sections fifty-three to fifty-five, inclusive.

SECTION 7. Paragraph (7) of section 54 of said chapter 7, as so appearing, is hereby amended by striking out subparagraph (v) and inserting in place thereof the following subparagraph:-

(v) the proposed privatization contract is in the public interest, in that it meets the applicable quality and fiscal standards set forth herein.

SECTION 8. Chapter 8 of the General Laws is hereby amended by striking out section 20 and inserting in place thereof the following section:-

Section 20. In recognition of the place of the old provincial state house in Boston in the history of the commonwealth and of the nation, it is hereby declared to be the intention of the general court to assist in maintaining and preserving it as an historic and patriotic memorial, through the Bostonian Society, a charitable, non-profit corporation which was organized under the laws of the commonwealth in the year, eighteen hundred and eighty-one, for the purposes of promoting the study of the history of Boston and preserving its antiquities and which, for over one hundred years, has been responsible for maintaining the old state house as a museum and place of study.

For the purpose of maintaining the old provincial state house in Boston as an historic and patriotic memorial, there shall be allowed and paid out of the treasury of the commonwealth to the Bostonian Society, a charitable corporation organized under the laws of the commonwealth, the sum of twenty-five thousand dollars annually. The said society shall expend such funds in the furtherance of the above purpose and shall report annually to the governor and the general court as to the specific purposes for which they were expended.

SECTION 9. The ninth paragraph of section 1G of chapter 15 of the General Laws, as appearing in section 3 of chapter 71 of the acts of 1993, is hereby amended by inserting after the word, "specialist,", in line 8, the following words:- a school age child care specialist,.

SECTION 10. Chapter 15A of the General Laws is hereby amended by adding the following section:-

Section 40. (1)(a) Notwithstanding the provisions of chapter thirty-two of the General Laws, or of any general or special law to the contrary the higher education coordinating council shall establish an optional retirement program under which custodial accounts described in section 403(b)(7) of the Internal Revenue Code, as it may be amended from time to time, or contracts providing retirement and death benefits may be purchased for eligible members who elect to participate in the program. The benefits to be provided for participants in such optional retirement program shall be provided through such custodial accounts or individual or group annuity contracts, which may be fixed or variable in nature, or a combination thereof; provided that, at all times, those annuity contracts issued by licensed insurers under the optional retirement program shall provide the minimum values and guarantees required by the laws governing such contracts in the commonwealth; and provided, further, that the benefits shall be payable only to participants in the program or their beneficiaries, and such benefits shall be paid only by the selected providers in accordance with the terms of the custodial accounts, annuity contracts or certificates providing coverage to the participant; provided that such optional retirement program shall not allow a participant to withdraw contributions while an active participant in the commonwealth's optional retirement program.

(b) Said council shall select at least two but no more than four providers for the optional retirement program and enter into contracts with them in accordance with the laws governing the procurement of services for executive agencies of the commonwealth, provided that such procurements shall not be subject to the approval of the commissioner of administration; provided, further, that the selected providers shall be authorized to conduct business within the commonwealth, and each and every provider or issuer of annuity contracts under the optional retirement program which is a life insurance company shall hold a certificate of authority to do a life insurance business in the commonwealth, maintain the minimum required capital and surplus required for life insurance companies under the laws of the commonwealth, be a member of the commonwealth's life and health insurance guaranty association and be a member of the life and health insurance guaranty associations in any and all jurisdictions where required by law with similar retirement programs funded in whole or in part through the provider's annuities in which participants in the optional retirement program might participate upon transfer of employment; and provided, further, that said council shall coordinate the transfer of funds and information between payroll centers, the selected providers and plan participants.

(c) The council shall promulgate regulations governing the administration of and participation in the plan. Such regulations shall be subject to the provisions of chapter thirty A, and a copy of such regulations, and any amendments thereto, shall be filed in advance of their taking effect with the general court. The council shall file the proposed regulation, amendment or repeal with the clerk of the house of representatives, who shall refer such regulations to the joint committee on public service. Within thirty days after such referral, the committee on public service may hold a public hearing on the regulations and shall issue a report to the council. Said report shall contain any proposed changes to the regulations voted upon by the public service committee. The council shall review said report and shall adopt final regulations as deemed appropriate in view of said report and shall file with the chairmen of the public service committee its final regulations. If the final regulations do not contain the changes proposed by the public service committee, the council shall send a letter to the public service committee accompanying the final regulations stating the reasons why such proposed changes were not adopted. Not earlier than forty-five days after the filing of such letter and final regulations with the public service committee, the council shall file the final regulations with the state secretary as provided in section five of said chapter thirty A and said regulations shall thereupon take effect.

If no such proposed changes to the regulations are made to the council within sixty days of the initial filing of the proposed regulation or any amendment or a repeal of such regulation with the clerk of the house of representatives, the council may file the final regulations with the state secretary as provided in section five of said chapter thirty A and said regulations shall thereupon take effect.

(2) (a) Participation in the optional retirement program provided by this section shall be limited to persons who are otherwise eligible for membership in the state employees' retirement system as established under the provisions of chapter thirty-two; provided, that they are faculty members or chancellors or presidents of the council or of public institutions of higher education, as defined in section five of chapter fifteen A of the General Laws.

(b) Elections to participate in the optional retirement program shall be made as follows:

(i) Any eligible employee who is initially appointed on or after the effective date of the optional retirement program may elect in writing to participate in the optional retirement program within ninety days of the effective date of the appointment. Any such election shall be effective as of the effective date of appointment. If an eligible employee fails to make an election as provided in this paragraph, such employee shall become a member of the state employees' retirement system established under the provisions of said chapter thirty-two.

(ii) Any eligible employee who is a member of any retirement system established under the provisions of said chapter thirty-two on the effective date of the optional retirement program but who has less than ten years of creditable service on the effective date of the optional retirement program may elect in writing to participate in the optional retirement program within ninety days after the effective date of the optional retirement program. Any such election shall become effective on the first day of the pay period next following such election, and shall constitute a waiver of all retirement benefits to which the individual may be entitled as an employee under any retirement system established under the provisions of said chapter thirty-two.

(iii) Any employee who is a member of any retirement system established under the provisions of said chapter thirty-two but who has less than ten years of creditable service on the date such employee becomes eligible to participate in the optional retirement program may elect in writing to participate in such optional retirement program within ninety days of the date said employee becomes eligible. Any such election shall become effective on the first day of the pay period next following such election, and shall constitute a waiver of all retirement benefits to which the individual may be entitled as an employee under any retirement system established under the provisions of said chapter thirty-two.

(iv) Any eligible employee electing to participate in the optional retirement program shall be ineligible for membership in the state employees' retirement system as long as he remains continuously' employed in any eligible position within a public institution of higher education, as defined in section five; provided, that the election by an eligible employee to participate in the optional retirement program shall be irrevocable for so long as the employee continues to meet the eligibility requirements; provided further, however, if an employee becomes ineligible to continue in the optional retirement program, the employee shall thereafter participate in the state employees' retirement system established in accordance with the provisions of said chapter thirty-two.

(3) (a) Any eligible employee electing to participate in the optional retirement program shall not be required to make contributions to the state employee's retirement system but shall contribute to the optional retirement program an amount equal to the contribution which would have been required had such employee been a member of the state employees' retirement system.

(b) For each eligible employee electing to participate in the optional retirement program, the state employees retirement system shall contribute an amount equal to five percent of each employee's regular compensation, as defined in section one of chapter thirty-two, to the optional retirement program and a plan established to provide life and disability benefits to all participants in the program; provided, however, that not more than one percent of said contribution shall be made to the plan established to provide said life and disability benefits; and provided, further, that the balance of said contribution shall be remitted to the appropriate provider for application to the participating employee's contract or custodial account, less any monthly fees established by the council and approved in advance by the state comptroller in order to cover the reasonably necessary direct costs incurred by the council in establishing and administering the plan; and provided, further, that no funds shall be invested in any bank or financial institution which directly or through any subsidiary has outstanding loans to any individual or corporation engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland, and no assets shall be invested in the stocks, securities or other obligations of any such company so engaged.

(c) If any eligible employee is a member of any retirement system established under the provisions of said chapter thirty-two at the time such employee elects to participate in the optional retirement program, the employee may direct that the amount of the accumulated total deductions, and any interest to which the employee would be entitled under said chapter thirty-two if the employee withdrew from the system, credited to such employee's account in such retirement system be transferred directly to such employee's account in the optional retirement program. Any such transfer shall be made in the form of a direct trustee-to-trustee transfer in compliance with the requirements of subchapter D of chapter one of the federal Internal Revenue Code.

(d) The funds accumulated under the optional retirement program shall be exempt from taxation. The rights of a participant to a custodial account, an annuity, the annuity contracts or certificates providing coverage to participants, and all right in and to the funds accumulated under the custodial accounts, annuity contracts or certificates shall be exempt from taxation, including income taxes levied under the provisions of said chapter sixty-two. No assignment of any right in or to any funds or annuities under the optional retirement program shall be valid except such assignment as may be made for the purpose of making restitution in the case of dereliction from duty by any participant as set forth in section fifteen of said chapter thirty-two as long as such assignment does not violate the restrictions of the Internal Revenue Code; provided that nothing in this section shall prevent a participant's custodial account or annuity from being attached, taken on execution, assigned, or subject to other process to satisfy a support order under chapter two hundred and eight, two hundred and nine, or two hundred and seventy-three as long as such order constitutes a qualified domestic relations order under the terms of the Internal Revenue Code.

SECTION 11. Section twenty-six A of chapter fifteen C of the General Laws is hereby repealed.

SECTION 12. Section 44 of chapter 23A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following clause:-

(10) SOMWBA shall impose administrative penalties on an applicant for certification or recertification that knowingly provides false or misleading information on its application or in support of its application for certification or recertification as a minority- or women-owned business, or on a person who fails to comply with any provision of any regulation or approval issued or adopted by the agency or of any law which the agency has the authority or responsibility to enforce.

SECTION 13. Chapter 23F of the General Laws is hereby amended by striking out sections 1 to 8 and inserting in place thereof the following nine sections:-

Section 1. There is hereby created the Technology Two Thousand (2000) Partnership, hereinafter referred to as "Technology 2000", or the "program", to be administered by the Bay State Skills Corporation, hereinafter referred to as "BSSC", or such other entity as may be designated pursuant to the provisions of sections two and eight. The administrator of the program as determined in accordance with sections one and two shall be hereinafter referred to as the "program administrator".

Section 2. (a) The secretary of economic affairs, hereinafter referred to as the "secretary", is hereby authorized and directed to enter into a contract with BSSC for the administration of the program. Such contract shall set forth performance objectives for the program consistent with this chapter and with requirements for alternative deployment pilot projects and other related deployment programs, which services, projects, and programs are herein collectively referred to as "manufacturing extension services" of the Technology Reinvestment Program, a joint undertaking of the Advanced Research Projects Agency and other federal agencies, created and funded pursuant to the Defense Conversion, Reinvestment, and Transition Act of Fiscal Year 1993, and Title IV of the Fiscal Year Defense Appropriations Act, hereinafter referred to as "TRP", and, where appropriate, with requirements of other related federal manufacturing modernization programs.

(b) In the event the secretary determines that the performance objectives for the program, as set forth in the contract, have not been satisfactorily met, such contract shall provide for the replacement of BSSC as program administrator, after reasonable notice and opportunity to correct deficiencies, and in no case sooner than eighteen months after the effective date of this section, in which event the secretary may contract with another qualified non-profit or quasi-public corporation for the administration of the program. The program administrator may also be replaced in the event the advisory board so recommends pursuant to subsection (b) of section eight. The secretary shall submit a copy of any subsequent contract under this chapter to the house and senate chairs of the joint committee on commerce and labor prior to its final execution.

(c) In addition, the secretary may terminate or suspend the contract with the program administrator, and such contract may provide for the replacement of the program administrator, as follows:

(1) If the program administrator breaches any material term or condition of the contract other than failure to meet the performance objectives of the program, or fails to perform or fulfill any material obligation required by the contract, provided, however, that prior written notice is delivered to the program administrator at least seven calendar days before the effective date of the termination. The secretary may terminate the contract immediately in the event of the program administrator's participation in fraudulent activities.

(2) If the secretary determines that an unanticipated emergency situation exists, through no fault of the secretary, which by law mandates the secretary's immediate action to protect state or federal funds, property or persons, or to remedy damages which have already occurred. Such termination shall be effective upon the program administrator's receipt of written notice of either suspension or termination.

Section 3. The purposes of Technology 2000 shall include, but shall not be limited to the following:

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

(2) Supporting the creation and organization of manufacturing extension services, alternative deployment pilot projects, technology access services, alternative use committees, or other related deployment programs to regional consortia of, but not limited to, private companies, especially small- and medium-sized companies, universities, colleges and community colleges, labor organizations, non-profit agencies, and other interested individuals and organizations through: (i) direct support of services through the Economic Conversion Fund as established in section seven or through other means, or (ii) matching funds through the Economic Conversion Fund for funds provided by the Technology Reinvestment Program within the Advanced Research Projects Agency of the Department of Defense, created and funded pursuant to the Defense Conversion, Reinvestment and Transition Act of Fiscal Year 1993 and Title IV of the Fiscal Year 1993 Defense Appropriations Act, or by other related federal programs; provided, however, that the program shall require recipients of Economic Conversion support to provide other non-federal and non-state matching funds as a condition of support.

(3) Providing statewide support services to regional consortia or providers that include but are not limited to training and capacity building of extension service providers, assessment and evaluation of services, federal grant administration services, and interregional communications; provided, however, in no case shall the program administrator make evaluations or assessments of any services it directly provides to consortia, providers, or firms.

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

(5) In response to a potential or actual dislocation as a result of a major plant closing or base closing, supporting development of a regional defense conversion plan by a regional planning agency, the government land bank, any combination of municipalities, or any other entity designated by the governor.

Section 4. The following additional provisions shall govern the program:

(1) manufacturing extension services supported or provided by Technology 2000 under this chapter shall be designed to increase competitiveness of small and medium sized companies in Massachusetts through access to technical, technology, systems, and management assistance, in accessing training and consulting services, and the transitioning of technologies from research or military uses to viable products and processes.

(2) the program shall support the improvement of business practices, including but not limited to: technology, quality systems, work organization and management practices, including total quality management and just-in-time delivery systems, encouragement of employee-management cooperation in training, product design and manufacturing improvement, marketing, or alternative use development. Technology extension services provided under this chapter may be supported through a fee for service program as provided in subsection (p) of section five of chapter forty I or as otherwise determined by the program administrator in consultation with the appropriate Regional Employment Boards, the Secretary of Economic Affairs, the advisory board created in section eight of this chapter, the legislature and other interested parties; provided, however, that the program administrator may waive all fees in cases of financial hardship as determined by the program administrator.

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

(4) the program administrator shall provide the advisory board, as created in section eight, with copies of the following documents for review prior to their release or submission: (i) request-for-proposals or solicitations for services or grants provided pursuant to this chapter; (ii) contracts between the program administrator and regional consortia, as specified in section three; and (iii) applications for public or private grants or aid.

Section 5. As a condition of providing any grant under clause (ii) of subparagraph (2) of section three, the program administrator shall enter into a contractual agreement with the regional consortia specifying the terms and conditions of such grant, the responsibilities and financial contribution of the consortia, and a requirement for regular reporting by the consortia as specified by the program administrator.

Section 6. The program administrator shall, where appropriate, request the assistance of and coordinate its activities with the quasi-public corporation planning council established pursuant to section fifty-six of chapter twenty-three A.

Section 7. There is hereby created within the program an Economic Conversion Fund, known hereinafter as the "Fund", to be used by the program administrator solely to provide the program with financial support for the creation of a statewide technology deployment coordination system and for matching grants to support the creation of or assistance to manufacturing extension services, alternative deployment pilot projects, technology access programs and other related deployment programs and subject to appropriation.

The program administrator shall provide the advisory board, the house and senate committees on ways and means and the joint committee on commerce and labor with quarterly reports regarding the nature and amount of all expenditures, with a detailed summary of activities supported.

Section 8. (a) There shall be a program advisory board consisting of seventeen members, one of whom shall be the secretary of the executive office of economic affairs or the secretary's designee, two of whom shall be the house and senate chairperson of the joint committee on commerce and labor, or their respective designees, two of whom shall be labor representatives who are affiliated with a union or unions likely to be affected by defense conversion and shall be designated by the AFL-CIO, one of whom shall represent an organization of manufacturers to be appointed by the governor, one of whom shall be a representative of communities heavily impacted by defense cuts and to be appointed by the speaker of the house of representatives, one of whom shall be a representative of communities heavily impacted by defense cuts and to be appointed by the president of the senate and nine of whom shall be representatives of small or medium sized manufacturing companies located in the commonwealth to be appointed by the governor. At least five of the nine manufacturing company representatives shall represent defense-related or defense-dependent companies and at least one of the nine shall be a private sector member of the MassJobs Council.

The members of said board shall elect a chair and vice-chair. Except as otherwise provided by law, members shall serve three year terms. Members shall serve without compensation, except members shall be entitled to reimbursement by the program administrator for actual and necessary expenses incurred in the performance of their official duties. The program administrator shall also provide the advisory board with administrative and research support.

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

(b) After a period of eighteen months, but no later than thirty months following the effective date of this chapter, the advisory board shall submit a report to the governor and to the house and senate chairpersons of the joint committee on commerce and labor, evaluating the progress of the program and, if appropriate, recommending changes in the administration of the program. The program administrator and the program evaluator shall provide the advisory board with any reasonably necessary information to assist in the preparation of the report.

Section 9. The program advisory board shall:

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

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

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

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

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

(6) advise the program on the needs of small- and medium-sized manufacturers in becoming more productive and competitive and in addressing the challenges of global competition and the effects of reduced national defense spending;

(7) make recommendations to the program regarding the most efficient and effective means to help address the needs of small- and medium-sized manufacturers and assist the program in setting priorities in light of limited program resources;

(8) review the effectiveness of existing program activities and make recommendations regarding the extent to which such activities could be better directed to the actual needs of targeted companies and groups of companies in order to help the program maintain a "customer-driven focus"; and

(9) advise the program on strategic opportunities to create new partnerships and alliances in promoting manufacturing productivity and competitiveness.

SECTION 14. The fifth paragraph of section 19 of chapter 32B of the General Laws, inserted by section 103 of chapter 110 of the acts of 1993, is hereby amended by inserting after the word "to", in line 4, the following words:- chapter one hundred and seventy-six B, a health maintenance organization organized pursuant to chapter one hundred and seventy-six G, a preferred provider organization organized pursuant.

SECTION 15. Section 9 of chapter 46 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:-

A registered professional nurse, licensed by the board of registration in nursing, after the death of a person that has occurred in a certified nursing home, may declare such person dead; provided, however, that said nurse first make a reasonable effort to contact said physician or medical examiner before making such determination or pronouncement; provided further, that such determination or pronouncement be made in writing on a form approved by the commissioner of public health and subscribed under pains and penalties of perjury; and provided further, that the medical examiner be notified forthwith of the exact location to which the decedent has been removed.

SECTION 16. Section 18D of chapter 58 of the General Laws, as appearing in section 108 of chapter 110 of the acts of 1993, is hereby amended by striking out, in line 7, the words "previous three months" and inserting in place thereof the following words:- three months ending two quarters prior to the quarter for which said distribution is being made.

SECTION 17. Section 2 of chapter 62 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting in line 13 after the word "Code" the following words:- other than contributions to the optional retirement system established by section forty of chapter fifteen A.

SECTION 18. Said section 2 of said chapter 62, as so appearing, is hereby amended by inserting in line 26 after the word "thirty-two" the following words:- or pursuant to section forty of chapter fifteen A.

SECTION 19. Said section 2 of said chapter 62, as so appearing, is hereby amended by inserting in line 52 after the words "sub-division thereof" the following words:- including the optional retirement system established by section forty of chapter fifteen A.

SECTION 20. Said section 2 of said chapter 62, as so appearing, is hereby amended by inserting in line 62 after the word "chapter" the following words:- ; provided, that this subparagraph shall not apply to income from the optional retirement system established by section forty of chapter fifteen A.

SECTION 21. Section 3 of said chapter 62, as so appearing, is hereby amended by inserting in line 49 after the words "political subdivision thereof" the following words:- including the optional retirement system established by section forty of chapter fifteen A.

SECTION 22. Section 6 of chapter 64H of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "purposes" in line 369 the following words:- ; meals served to a resident in a facility providing continuing care to an individual which facility must provide a disclosure statement to a prospective resident as required by section seventy-six of chapter ninety-three.

SECTION 23. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by adding the following paragraph:-

(rr) Sales of cooperative direct mail promotional advertising materials, purchased by a person engaged solely and exclusively in the business of providing cooperative direct mail promotional advertising, which are distributed in Massachusetts from a direct mailer located outside of the state. For the purpose of this paragraph, "cooperative direct mail promotional advertising materials" shall mean discount coupons and advertising leaflets, including any accompanying envelopes and labels; the term "cooperative direct mail promotional advertising" shall mean the service of providing advertising in the form of discount coupons or advertising leaflets for more than one business which are delivered by mail in a single package to potential customers of businesses subscribing to the cooperative direct mailing advertising; and the term "direct mailer" shall mean a person solely and exclusively engaged in the business of producing, packaging, and mailing cooperative direct mail promotional advertising materials.

SECTION 24. Subsection (e) of section 16D of chapter 71 of the General Laws, as amended by section 263 of chapter 110 of the acts of 1993, is hereby further amended by adding the following words:- ; provided, further, that any regional school district whose member communities hold meetings on regionalization prior to January first, nineteen hundred and ninety-four and becomes newly organized prior to April first, nineteen hundred and ninety-four shall receive seventy-six percent of the amount it would otherwise have been entitled to receive for expenses incurred in the first year of operation as an organized school district pursuant to the foregoing provisions of this section.

SECTION 25. Section 37H of chapter 71 of the General Laws, as appearing in section 36 of chapter 71 of the acts of 1993, is hereby amended by inserting, in line 5, after the word "personnel" the following words:- ; provided, however, that said policies prohibiting the use of tobacco products shall not apply to town meetings and to public meetings of governmental bodies, as defined in section twenty-three A of chapter thirty-nine.

SECTION 26. Said chapter 71 of the General Laws is hereby further amended by striking out section 38G, inserted by section 41 of chapter 71 of the acts of 1973, and inserting in place thereof the following section:-

Section 38G. As used in this section the following words shall have the following meanings:

"Board", the board of education established by chapter fifteen.

"Provisional educator", a person who holds a provisional educator certificate.

"Provisional educator with advanced standing", a person who holds a provisional educator certificate with advanced standing; provisional educator certificate with advanced standing shall be valid for five years of employment as an educator in the schools of the commonwealth.

"Provisional educator certificate", a license to teach issued to a person who has successfully met the preparation and eligibility requirements as established by the board. The provisional educator's certificate shall be valid for five years of employment as an educator in the schools of the commonwealth.

"Provisional educator certificate with advanced standing", a license to teach issued to a person who has successfully met the preparation and eligibility requirements as established by the board for provisional certification and completed (1) a college program, graduate or undergraduate, approved by the board of education for the preparation of teachers; or (2) a college preparation program included in the National Association of State Directors of Teacher Education and Certification (NASDTEC); or (3) an out of state teacher education program approved by the National Council for the Accreditation of Teacher Education (NCATE); or (4) other program approved by the board.

"Regionally licensed or certified educator", an applicant for a teacher's certificate in Massachusetts who has been granted a regional license or certificate by another state jurisdiction under terms of a contract entered into pursuant to chapter seven hundred and forty-eight of the acts of nineteen hundred and sixty-eight, the Interstate Agreement on Certification of Educational Personnel. Such certificate shall be equivalent to the provisional educator certificate with advanced standing.

"Reciprocity of certified educators", the process and requirements established by the commissioner for candidates to obtain certification who have completed (1) a college preparation program included in the alternative certification reciprocity system of the National Association of State Directors of Teacher Education and Certification (NASDTEC); (2) out-of-state programs approved by the National Council for the Accreditation of Teacher Education (NCATE); or (3) other programs approved by the board. Such certificate shall be equivalent to the provisional educator with advanced standing certificate.

"Standard educator", a person who holds a standard educator certificate.;

"Standard educator certificate", a license to teach issued to a person who has successfully met the preparation and eligibility requirements as established by the board. The standard educator's certificate shall be valid for renewable terms of five years.

The commissioner of education shall have authority to grant, upon application, provisional educator, provisional educator with advanced standing, and standard educator certificates to persons who have satisfied the requirements for such certificates as established by the board. The board shall define the knowledge of subject matter and demonstration of competencies commensurate with attainment and renewal of such certificates.

To be eligible for certification as a provisional educator, the candidate shall (1) hold a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field; (2) pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents; and (B) the subject matter knowledge for the certificate; and (3) be of sound moral character. Candidates who complete the requirements in this paragraph shall be issued provisional educator certificates which will permit them to seek employment in teaching positions requiring instructional certification in districts which have an approved provisional educator preparation program.

The commissioner shall establish standards for the training, support and supervision of provisional educators. During the period of employment, a person holding a provisional teaching certificate pursuant to this section shall be under the direct supervision of the principal or other appropriate supervisor who shall regularly observe and evaluate the performance of assigned duties by such holder of a provisional teaching certificate. Such evaluation shall be according to relevant to nationally recognized professional standards for personnel evaluation.

Each public school district seeking to hire a provisional educator must submit an provisional educator program plan to the department of education. No district shall be authorized to employ a provisional educator unless it has submitted a plan for such a program and received approval of the commissioner. Each plan shall describe the key elements of the proposed provisional educator program in accordance with guidelines established and published by the department. Such guidelines shall require that provisional educators in district-based programs meet the equivalent standards that provisional educators with advanced standing meet in approved college and university programs. Districts shall show either evidence of joint sponsorship or collaboration of training programs with (1) colleges or universities, or (2) other districts, or (3) other programs approved by the commissioner to provide such programs. The department shall issue standard district plans which districts may implement in lieu of developing original plans. The department shall coordinate the training efforts of districts, shall insure that district programs meet fair, substantive and comprehensive professional development standards and shall establish regional programs for provisional educators. The department shall also provide orientation programs for support team members. Provisional educators shall be observed by a professional support team. The department of education shall devise standardized criteria for a final comprehensive evaluation of each provisional educator, conducted at the end of the provisional educator period by the professional support team. All such evaluations shall be conducted according to nationally recognized professional standards for personnel evaluation.

At the conclusion of each year of the approved district training program for provisional educators, the chairperson of the support team shall prepare a comprehensive evaluation report of the provisional educator's performance. Such report shall be submitted by the chairperson directly to the department of education. The final comprehensive evaluation report on each provisional educator shall be made on forms provided by the department of education. Said report shall include an assessment of the individual's on the job performance and one of the following recommendations:

(1) Approved: recommends that advanced standing status be granted upon completion of the other preparation and eligibility requirements as established by the board;

(2) Insufficient: recommends that the candidate be allowed to seek entry in the future into a district training program; or A candidate found insufficient twice shall not be allowed to enter another district training program; or

(3) Disapproved: recommends that advanced standing status not be granted and that the candidate not be allowed to enter into a district training program.

The support team chairperson shall provide the provisional educator with a copy of the written evaluation report and certification recommendation before submitting it to the commissioner of education.

If the recommendation is to disapprove, the provisional educator may, within fifteen days, submit to the chairperson written materials documenting the reasons why the provisional educator believes his provisional educator certification should continue to remain valid or a recommendation of insufficient granted. The chairperson shall forward all such documentation to the commissioner of education along with the evaluation report and recommendation concerning certification.

Candidates who receive a recommendation of "disapproved" or two or more recommendations of "insufficient" may appeal to the commissioner for approval of additional opportunities to seek provisional educator employment in districts other than those in which they received unfavorable recommendations. The candidate shall be responsible for demonstrating why he would be likely to succeed if granted the requested opportunity.

To be eligible for certification as a provisional educator with advanced standing, the candidate shall provide evidence that he (1) holds a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field or the equivalent baccalaureate degree; (2) has passed a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents; and (B) the subject matter knowledge for the certificate; (3) has satisfactorily completed a board of education approved teacher preparation program; and (4) is of sound moral character. A candidate who completes the requirements of this paragraph shall be issued a provisional educator certificate with advanced standing which will permit him to seek employment in a teaching position requiring instructional certification.

Each public school district seeking to hire a provisional educator with advanced standing must submit a plan to the department of education which details how the district will supervise and support such provisional educators with advanced standing. No district shall be authorized to employ a provisional educator with advanced standing unless it has submitted a plan for the support and evaluation of such educator to the commissioner and received the approval of the commissioner. The department of education shall issue standard plans for provisional educators with advanced standing which districts may implement in lieu of developing an original plan.

In not less than one year after the issuance of a provisional educator certificate, the commissioner upon receipt of a proper application shall issue a standard educator certificate to such provisional certificate holder who has provided the commissioner with evidence, in such manner and form as prescribed by the board, that he has met the preparation and eligibility requirements set by the board through a master's degree program approved by the commissioner, or through an equivalent district program for standard certification approved by the commissioner, or other equivalent programs approved by the commissioner; and has met the requirements set by the commissioner for demonstration of successful performance.

Each standard educator certificate shall be valid for five years and continued every five years thereafter upon the successful completion of an individual professional development plan that meets the subject matter knowledge and teaching skill requirements set by the board. Such plan shall be designed to increase the ability of the person to improve student learning.

Certificates granted by the board prior to October first, nineteen hundred and ninety-four are hereby deemed standard certificates which shall be renewed every five years. All such certificates must be renewed by June eighteenth, nineteen hundred and ninety-nine.

The commissioner shall develop alternative paths for certifying school management and educational leadership personnel which shall facilitate a process whereby persons with significant managerial experience can obtain such certification.

Any certificate issued by the commissioner may be revoked for cause, pursuant to standards and procedures established by the board.

The board shall have the authority to promulgate, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this section. Such regulations shall be presented to the joint committee for informational purposes ninety days before implementation.

All applications for any certificates granted under this section shall be accompanied by a fee to be determined annually by the commissioner of administration under the provisions of section three B of chapter seven. Said fees shall be established and limited to allow the department to carry out the certification and recertification responsibilities but in no case shall said applications exceed one hundred dollars per year with an annual increase no greater than the consumer price index.

No person shall be eligible for employment as a teacher, guidance counselor, director, school psychologist, school adjustment counselor, school nurse, library media specialist, school business administrator, principal, supervisor, director, assistant superintendent of school, and superintendent of schools by a school district unless he has been granted by the commissioner a provisional, or standard certificate with respect to the type of position for which he seeks employment; provided, however, that nothing herein shall be construed to prevent a school committee from prescribing additional qualifications; and provided further, that a superintendent may upon request be exempt by the commissioner for any one school year from the requirement in this section to employ certified personnel when compliance therewith would in the opinion of the commissioner constitute a great hardship in securing teachers for that school district. During the time that such a waiver is in effect, service of an employee of a school district to whom the waiver applies shall not be counted as service in acquiring professional teacher status or other rights under section forty-one.

For the purposes of certifying educators, the board shall establish policies and guidelines and the commissioner may approve preparation programs devoted to the preparation of teachers and other educational personnel. A college or university or school or district or other institution offering such an approved program shall certify to the commissioner that a student has demonstrated satisfactory competence in the skills and knowledge expected of college graduates in the most advanced nations, and has completed the program approved. The college or university or school district or other institution shall also provide the commissioner with a transcript of the student's record.

At the end of each five-year period each standard educator shall attest to and provide appropriate supporting evidence and documentation to the state department of education, in such form and at such time as the commissioner shall prescribe, that the standard educator has successfully completed a professional development plan which meets the standards set by the board.

It shall be one of the objectives of all school districts' professional development plans to satisfy the individual professional development plans required by this section; provided, however, that this requirement shall not be construed to require that a school district or the commonwealth provide funding for the fulfillment of the professional development requirements of this section and section thirty-eight Q beyond the foundation budget.

The board shall establish policies and guidelines for approval for any continuing education units, inservice seminars, projects, courses and other activities which would be deemed sufficient to maintain the development of professional skills and the knowledge of subject matter pertinent to particular certificates in accordance with the same procedures used for initial approval of collegiate preparation programs. The commissioner shall establish for each certification alternate methods for fulfilling the professional development requirement, at least one of which must be at no cost to persons employed by a school district who are engaging in such an activity for the purpose of satisfying the professional development requirements for recertification of this section.

Such policies shall provide that a teacher who is to be employed in a position in an area of certification in which he is not currently employed, but for which he held a certificate which had been valid within five years immediately proceeding the starting date of employment in this position, shall be given a reasonable period, as determined by the board, to fulfill a professional development plan which demonstrates currency in the subject matter knowledge and requalify him for certification in said area. In every instance, all evaluations and assessments shall follow nationally recognized professional standards.

Each local and regional school district shall attest to the department of education, in such form and at such time as the commissioner shall prescribe, that professional development activities for which credit toward certification renewal is granted meet the requirements set by the board and are documented in accordance with procedures established by the board.

The board shall, in establishing said policies and criteria for professional development, give special consideration to the best interests of the students in the commonwealth and the need to maintain the highest performance standards of teachers while taking into proper consideration the financial or time constraints these policies may require. In developing such policies, guidelines and assessment methods, the board shall obtain the input of teachers, administrators, educational experts, parents, business leaders and others interested in the improvement of the professional status of teachers.

Except as otherwise specifically provided in this section, no rights of any employees of a school district under the provision of this chapter shall be impaired by the provisions of this section.

Anyone granted either a provisional or standard certificate under this section or currently holding such certification shall be required to maintain the development of professional skills and the knowledge of subject matter pertinent to the areas of certification.

Teachers who were authorized, permitted or approved to teach in a subject or area for which there was no certification standard before September first, nineteen hundred and eighty-two, shall acquire and maintain the development of the skills and training required of persons certified to teach in said subject or areas after that date.

This section shall not apply to trade, vocational, temporary substitute teachers, exchange teachers, regionally licensed or certified teachers or to teaching or administrative interns; provided, however, that approval for the employment of such personnel shall be generated by the board under such rules and regulations as it may adopt.

SECTION 27. Section 59C of chapter 71 of the General Laws, as amended by section 53 of chapter 71 of the acts of 1993, is hereby further amended in the first paragraph by striking out the words, "or other interested groups;" and inserting in place thereof the following:- or other interested groups including those from school age child care programs;.

SECTION 28. The eighth paragraph of section 2 of chapter 90 of the General Laws, as amended by section 139 of chapter 110 of the acts of 1993, is hereby amended by striking out the third sentence and inserting in place thereof the following two sentences:- Such design shall be selected through a contest to be judged by the Barnstable county commissioners or their designees, and one county commissioner from each of the counties of Nantucket and Dukes. Before selecting a contest winner, said judges shall consult with the registrar of motor vehicles or his designee.

SECTION 29. Section 51 of chapter 111 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

No original license shall be issued to establish a hospital, except a college and school infirmary, unless it complies with the construction standards of the state building code and is of at least type 1-B fireproof construction.

SECTION 30. Said section 51 of said chapter 111, as so appearing, is hereby further amended by inserting in line 59, after the word "inclusive", the following words:- and provided further, that the department may retrospectively and prospectively waive the automatic bed delicensure provisions imposed pursuant to this paragraph to assist financially troubled hospitals for the purpose of qualifying for medicare disproportionate share reimbursement, and for other reasonable purposes.

SECTION 31. Section 2 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out clause (1) in lines 72 to 74 and inserting in place thereof the following clause:- (1) a graduate of a Canadian medical school, or a medical school legally chartered in a sovereign state other than the United States or the commonwealth of Puerto Rico, and is licensed by the Medical Council of Canada and by a provincial licensing authority;.

SECTION 32. Section 81 of chapter 112 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out subsection (1) in lines 2 to 7, inclusive, the words ": (1) to any graduate of any school for nurses or practical nurses duly approved in accordance with this chapter, during the period from such person's graduation until announcement of the results of the first licensing examination for registered nurses, as the case may be, thereafter held in accordance with this chapter; and (2)".

SECTION 33. Chapter 131 of the General Laws, as so appearing, is hereby amended by inserting after section 2A the following section:-

Section 2B. The state treasurer shall receive and deposit all revenues transmitted to him under provisions of sections two and two A in such a manner that will ensure the highest rate of interest available consistent with the safety of the Inland Fish and Game Fund, and all interest accrued shall be deposited into the Inland Fish and Game Fund.

> SECTION 34. Said chapter 131 is hereby further amended by striking out section 11 and inserting in place thereof the following section:-

Section 11. A person shall not fish in any inland waters of the commonwealth, unless he is a minor under fifteen years of age, nor hunt or trap any bird or mammal except as otherwise provided in sections four, fourteen, fifteen, twenty, twenty-one, twenty-three and thirty-seven without first having obtained a sporting, hunting, fishing, or trapping license.

The director, with the approval of the fisheries and wildlife board, shall establish classes of sporting, hunting, fishing, and trapping licenses, which shall be issued upon payment of the appropriate fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Such license classes may specify the types of fish and game authorized to be taken, the time period when the license is valid if less than one year, and such related aspects as the director may determine, provided that for a class of license valid for a consecutive period of days less than one calendar year, said days shall be specified on the license and the duration of the license shall be so limited, notwithstanding any provisions of section eighteen and section thirty-two.

Resident sporting, hunting, fishing, and trapping licenses shall be issued to the following classes of persons:- (1) A citizen of the United States, resident in the commonwealth for at least six consecutive months immediately prior to his application for a license, and (2) a person who is on active duty in the armed forces of the United States and is stationed within the commonwealth. Nonresident sporting, hunting, fishing, and trapping licenses shall be issued to any other citizen of the United States.

Sporting, hunting, and fishing licenses shall be issued to aliens:- (1) who have established residence in the commonwealth for a period of at least six consecutive months immediately prior to making application, and (2) all other aliens; provided, however, that in the case of a hunting or sporting license, an alien shall hold a valid permit issued under the provisions of section one hundred and thirty-one H of chapter one hundred and forty.

Notwithstanding the foregoing, no fee shall be charged for any license issued under this section to a resident citizen of the commonwealth over the age of seventy, or for a fishing license which is issued to a resident citizen of the commonwealth who is blind or mentally retarded, or for a sporting, hunting, or fishing license issued to a paraplegic; provided, however, that in the case of a nonresident citizen who is a paraplegic, that said nonresident shows sufficient evidence to the issuing agent that he or she is so afflicted; and provided, further, that the state in which said nonresident is a resident provides a reciprocal privilege to residents of this commonwealth who are similarly afflicted.

The fee for an archery stamp or a primitive firearms stamp issued under section thirteen and the portion of such fee which the authorized agent or city or town clerk issuing such stamp may retain shall be determined under the aforementioned chapter seven provision.

The fee for a Massachusetts waterfowl stamp issued under section thirteen, the designated portion of said fee which may be retained by the authorizing agent or city or town clerk issuing such stamp and the amount which shall be transferred to the state treasurer for deposit and disbursement, shall be determined by the commissioner of administration annually under the provisions of section three B of chapter seven. The state treasurer shall forward upon request of the director and subject to annual appropriation, one dollar of the fee for each stamp issued to Ducks Unlimited, Inc., of Long Grove, Illinois pursuant to an agreement between the director and Ducks Unlimited, Inc. Such funds are to be used exclusively for waterfowl management in the Atlantic provinces of Canada. A written report shall be annually submitted to the division by Ducks Unlimited, Inc. setting forth what projects, activities and expenses were realized from the commonwealth's contribution. The state treasurer shall forward upon request of the director and subject to annual appropriation, up to three dollars of the fee from each stamp issued to the National Fish and Wildlife Foundation of Washington, D.C. for fulfillment of the North American Waterfowl Management Plan pursuant to an agreement between the director and the National Fish and Wildlife Foundation or to another nonprofit, waterfowl conservation and management organization whose purpose is to acquire, enhance, develop, or protect waterfowl habitat with the approval of the Fisheries and Wildlife Board. Such funds are to be used exclusively for waterfowl management in the Atlantic provinces of Canada and the northeastern United States. A written report shall be annually submitted to the division by the National Fish and Wildlife Foundation and/or any other organization receiving funds, setting forth what projects, activities and expenses were realized from the commonwealth's contribution. Any unexpended balance shall be credited to the Inland Fisheries and Game Fund.

A person shall not kill nor possess any species of game bird or mammal for which a permit is required unless he shall first have paid the established fee. A fee shall accompany each such permit application granted, the amount of which shall be determined pursuant to section three B of chapter seven, except that no fee shall be charged those persons qualifying for a farmer or landowner permit as determined by the director.

SECTION 35. 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 36. The definition of "Employer" or "public employer" in section 1 of chapter 150E of the General Laws is hereby amended by striking out the third sentence, as appearing in section 62 of chapter 71 of the acts of 1993, and inserting in place thereof the following sentence:- For this purpose, the chief executive officer of a city or town or his designee shall participate and vote as a member of the city or town school committee; provided, however, that if there is no town manager or town administrator in a town, the chairman of the board of selectmen or his designee shall so participate and vote.

SECTION 37. Section 25A of chapter 152 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "employee", in line 166, the following words:- or, at the option of the policyholder, an aggregate deductible as determined by the commissioner.

SECTION 38. Paragraph l0 of section 108 of chapter 175 of the General Laws, added by section 200 of chapter 110 of the acts of 1993, is hereby amended by inserting after the words, "medicare supplement insurance", the following words:- and medicare select insurance.

SECTION 39. The second paragraph of section 6 of chapter 176A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the seventh sentence.

SECTION 40. Clause (8) of paragraph (c) of section 8 of said chapter 176A, added by section 206 of chapter 110 of the acts of 1993, is hereby further amended by inserting after the words, "medicare supplement insurance", the following words:- and medicare select insurance.

SECTION 41. The second paragraph of section 4 of chapter 176B of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out in the second sentence, the words:- "Under such an agreement" and inserting in place thereof the following words:- For a non-group agreement, except contracts providing supplemental coverage to medicare or other governmental programs,.

SECTION 42. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by striking out the third paragraph.

SECTION 43. The last paragraph of said section 4 of said chapter 176B, added by section 210 of chapter 110 of the acts of 1993, is hereby amended by inserting after the words, "medicare supplement insurance", the following words:- and medicare select insurance.

SECTION 44. The last paragraph of section 6 of said chapter 176B, as added by section 211 of chapter 110 of the acts of 1993, is hereby further amended by inserting after the words, "medicare supplement insurance", the following words:- and medicare select insurance.

SECTION 45. The General Laws are hereby amended by inserting after chapter 176J the following chapter:- `tuc CHAPTER 176K. MEDICARE SUPPLEMENT INSURANCE PLANS.

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

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

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

"Commissioner", the commissioner of insurance.

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

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

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

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

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

"Issue", to offer, sell, issue, deliver, or otherwise make effective, or renew.

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

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

"Medicare select insurance", a type of health insurance issued by a carrier which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical or surgical expenses of persons eligible for medicare, and which contains restricted network provisions and is issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) The commissioner may by regulation waive provisions of this section for policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a risk or cost contract issued in the commonwealth prior to the effective date of OBRA 90, or such other date as the commissioner may specify by regulation in order to comply with the provisions of OBRA 90, or with the provisions of law governing contracts; provided that not less than forty-five days prior to the proposed promulgation of said waiver, the commissioner shall file with the clerk of the house of representatives and the clerk of the senate documentation explaining the reasons why said waiver is necessary, including, if applicable, the basis for any refusal by the health care finance administration to not renew or permit modifications to the federal waiver granted pursuant to the provisions of OBRA 90 or, the reasons why such waiver is necessary to comply with contract law.

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

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

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

(c) Any carrier that participates in the market must offer at least one product with prescription drug coverage for each license under which that carrier is participating in the market, provided, however, that a carrier may be granted an exemption from this requirement by the commissioner in order to comply with the provisions of OBRA 90, or with the provisions of law governing contracts; provided that not less than forty-five days prior to the proposed granting of such an exemption, the commissioner shall file with the clerk of the house of representatives and the clerk of the senate documentation explaining the reasons why said exemption is necessary and, if applicable, communication from the health care finance administration relative to prescription drug coverage and the terms of the waiver granted pursuant to the provisions of OBRA 90.

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

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

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

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

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

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

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

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

If not disapproved by the commissioner, such filings shall be deemed to be approved by the commissioner thirty days after the date of filing, provided that:

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

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

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

(e) The anticipated minimum loss ratio shall be:

(i) at least ninety-five percent of premium for medicare supplement insurance or medicare select insurance issued by a non-profit hospital service corporation or medical service corporation for the nineteen hundred and ninety-four policy year;

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

(iii) at least sixty-five percent of premium earned from individual policies for medicare supplement insurance or medicare select insurance issued by commercial insurers; or at least seventy-five percent of premium earned from group policies issued by commercial insurers, including, but not limited to policies issued as a result of solicitations of individuals through the mails or through mass media advertising, including both print and broadcast advertising; and,

(iv) at least eighty percent of premium for policies issued for the nineteen hundred and ninety-four policy year and thereafter pursuant to a cost contract by a health maintenance organization, and provided that, where medicare select insurance under chapter one hundred and seventy-six G is issued by any carrier for the nineteen hundred and ninety-four policy year and thereafter, this loss ratio shall apply.

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

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

(g) If a carrier files for an increase in premium of ten percent or more than the premium previously charged, or if a carrier files an initial premium request that is ten percent or more than the average premium for the same policies for medicare supplement insurance or medicare select insurance or policies issued pursuant to a cost contract offered by carriers in the same class under subsection (e), or if a carrier files an initial premium request for new policies of medicare supplement insurance or medicare select insurance issued to conform with the initial regulations promulgated by the commissioner under section four, such carrier's rate, in addition to being subject to all other provisions of this chapter, shall be subject to the prior approval of the commissioner as set forth in this subsection. In granting such prior approval, the commissioner shall make a finding on the basis of information submitted by the carrier that the carrier employs a utilization review program and other techniques acceptable to the commissioner which have had or are expected to have a demonstrated impact on the prevention of reimbursement by the carrier for services which are not medically necessary. Any requested premium increase in excess of ten percent for a medicare supplemental insurance plan shall be communicated to the insureds at least ninety days prior to the effective date of such increase, or as the commissioner may direct.

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

The commissioner shall promulgate regulations to specify the scheduling of the hearings required pursuant to this subsection, and the timetable for the approval or disapproval of requests for rate increases.

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

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

Any subscriber, non-profit hospital service corporation, non-profit medical service corporation or other person aggrieved by any final action, order, finding, or decision of the commissioner under this section may, within twenty days from the filing of such memorandum thereof in his office, file a petition in the supreme judicial court for the county of Suffolk for a review of such action, order, finding, or decision. The final action, order, finding, or decision of the commissioner shall remain in full force and effect, pending the final decision of the court unless the court or a justice thereof after notice to the commissioner shall by a special order otherwise direct. Review by the court on the merits shall be limited to the record of proceedings before the commissioner. The court shall have jurisdiction to modify, amend, annul, reverse or affirm such action, order, finding or decision and shall uphold the commissioner's action, order, finding, or decision if it is consistent with the standards set forth in paragraph seven of section fourteen of chapter thirty A. The court may make any appropriate order or decree. The court may make such order as to costs as it deems equitable. The court may make such rules or orders as it deems proper governing proceedings under this section to secure prompt and speedy hearings and to expedite final decisions thereon.

(j) The commissioner shall annually conduct a public hearing to monitor the overall condition of the commonwealth's market so as to improve access by individuals to coverage under this chapter, to encourage aggregation of risk pools through product selection and to promote long-term access by individuals to coverage through continued stability and financial viability of all carriers in the market. The commissioner shall annually summarize all claims arising under this chapter experience and loss ratio data from all insurers covered by this chapter and submit such information to the committee on insurance. The commissioner shall also file with the committee on insurance any recommendations for legislation to improve the accessibility and affordability of coverage in the market.

(k) The commissioner may promulgate regulations to facilitate the administration and enforcement of this chapter and to govern hearings and investigations thereunder, and he may issue such orders as he finds proper, expedient or necessary to enforce and administer the provisions of this chapter and to secure compliance with any rules and regulations made thereunder, and he may by written order suspend or modify the requirements of filing or prior approval of contracts and rates.

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

All policies issued by a carrier to which section two hundred and five of chapter one hundred and seventy-five applies shall be subject to this chapter.

Section 9. Nothing contained herein shall affect, in any way, binding contracts, including the existence, validity or operation of such contracts in existence in the commonwealth prior to the effective date of this chapter.

SECTION 46. Section 9 of chapter 211B of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out in line 324 the words "September first" and inserting in place thereof the following words:- December fifteenth.

SECTION 47. Said section 9 of said chapter 211B, as so appearing, is hereby amended by inserting after the word "said", in line 326, the following word:- past.

SECTION 48. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 329, the words "October first" and inserting in place thereof the following words:- February fifteenth.

SECTION 49. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by inserting after the words "within the judicial system", in line 332, the following words:- for the past fiscal year and contemplated for the current fiscal year.

SECTION 50. Section 10 of said chapter 211B, as so appearing, is hereby amended by striking out in lines 125 to 129, inclusive, the words "the responsibility to compile a comprehensive written report of the operation of his department of the trial court at the conclusion of each calendar year, and shall deliver said report together with recommendations to the chief justice for administration and management on or before March first of the ensuing year" and inserting in place thereof the following words:- the responsibility to compile a comprehensive written report of the operation of his department of the trial court at the conclusion of each fiscal year, and shall deliver said report together with recommendations to the chief justice for administration and management on or before October fifteenth of the ensuing fiscal year.

SECTION 51. Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 59, the words "district court of Chelsea".

SECTION 52. Section 10 of said chapter 218, as so appearing, is hereby further amended by inserting, after line 71, the following line:- district court of Chelsea.

SECTION 53. Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 213, the words "district court of East Norfolk".

SECTION 54. Said section 10 of said chapter 218, as so appearing, is hereby further amended by inserting, after line 218, the following line:- district court of East Norfolk.

SECTION 55. Said section 10 of said chapter 218, as so appearing, is hereby further amended by inserting, after line 260, the following lines:- district court of East Norfolk.

SECTION 56. Said section 10 of chapter 218, as so appearing, is hereby further amended by inserting, after line 260, the following line:- central district court of Worcester.

SECTION 57. Section 10 of chapter 258 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 20, the word "officer." and inserting in place thereof the following:- officer;

(e) any claim based upon the issuance, denial, suspension or revocation or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization;

(f) any claim based upon the failure to inspect, or an inadequate or negligent inspection, of any property, real or personal, to determine whether the property complies with or violates any law, regulation, ordinance or code, or contains a hazard to health or safety, except as otherwise provided in clause (1) of subparagraph (j).

(g) any claim based upon the failure to establish a fire department or a particular fire protection service, or if fire protection service is provided, for failure to prevent, suppress or contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not including claims based upon the negligent operation of motor vehicles or as otherwise provided in clause (1) of subparagraph (j).

(h) any claim based upon the failure to establish a police department or a particular police protection service, or if police protection is provided, for failure to provide adequate police protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including claims based upon the negligent operation of motor vehicles, negligent protection, supervision or care of persons in custody, or as otherwise provided in clause (1) of subparagraph (j).

(i) an claim based upon the release, parole, furlough or escape of any person, including but not limited to a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a public employee or employer or their agents, unless gross negligence is shown in allowing such release, parole, furlough or escape.

(j) any claim based on an act or failure to act to prevent or diminish the harmful consequences of a condition or situation, including the violent or tortious conduct of a third person, which is not originally caused by the public employer or any other person acting on behalf of the public employer. This exclusion shall not apply to:

(1) any claim based upon explicit and specific assurances of safety or assistance, beyond general representations that investigation or assistance will be or has been undertaken, made to the direct victim or a member of his family or household by a public employee, provided that the injury resulted in part from reliance on those assurances. A permit, certificate or report of findings of an investigation or inspection shall not constitute such assurances of safety or assistance; and

(2) any claim based upon the intervention of a public employee which causes injury to the victim or places the victim in a worse position than he was in before the intervention; and

(3) any claim based on negligent maintenance of public property; (4) any claim by or on behalf of a patient for negligent medical or other therapeutic treatment received by the patient from a public employee.

Nothing in this section shall be construed to modify or repeal the applicability of any existing statute that limits, controls or affects the liability of public employers or entities.

SECTION 58. Chapter 268 of the General Laws is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. Except as provided in sections forty-eight and forty-nine of chapter one hundred and fifty-five, whoever shall wilfully make false report to the department of public utilities, the department of highways, the department of banking and insurance, the department of environmental protection, the board of registration of waste cleanup professionals, or the commissioner of revenue, or who before any such department, board or commissioner, shall testify or affirm falsely to any material fact in any matter wherein an oath or affirmation is required or authorized, or who shall make any false entry or memorandum upon any book, report, paper or statement of any company making report to any of the said departments or board or said commissioner, with intent to deceive the department or board or commissioner, or any agent appointed to examine the affairs of any such company, or to deceive the stockholders or any officer of any such company, or to injure or defraud any such company, and any persons who with like intent aids or abets another in any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both such fine and imprisonment.

SECTION 59. Section 2 of chapter 317 of the acts of 1983, as appearing in chapter 400 of the acts of 1991, is hereby amended by striking out, in lines 43 to 50, inclusive, the following words:-

"Said department, with the prior approval of said deputy commissioner, may enter into lease agreements for the use of all, or portions of, said parcel with any non-profit entity legally incorporated in the commonwealth, the term of which may be for a maximum of fifty years and which shall include an option allowing the lessee to renew said lease for up to ten additional five year lease terms; provided, however, that in the event said parcel is not used for the purposes described in this section within ten years, the parcel shall revert to the commonwealth under such terms and conditions as the deputy commissioner may prescribe," and inserting in place thereof the following paragraph:-

Said department, with the prior approval of said commissioner, may enter into lease agreements for the use of all, or portions of, said parcel with any lessees hereinafter described the term of which may be for a maximum of fifty years and which shall include an option allowing the lessees to renew or extend said leases for up to ten additional five-year lease terms, provided, however, that in the event said parcel with any improvements thereon are not used for the purposes described in this section within ten years, the parcel and any improvements shall revert to the commonwealth under such terms and conditions as the commissioner may prescribe in the leases. The initial lessees shall be any non-profit entity incorporated in the commonwealth or any entities owned or controlled by such non-profit entities. Such initial lessees may sublease any improvements to any persons or entities, including without limitation entities organized for profit-making purposes, for the uses permitted in this section. The leases and any subleases may be mortgaged, assigned, or transferred to any persons or entities, including without limitation any entities organized for profit making purposes, from time to time; provided that during the first twenty years in which the parcel is leased, the tenant's interest in the lease of the parcel or in any portion of said parcel, may be mortgaged, assigned or transferred only (i) to a subtenant of all or any part of the improvements to the parcel in excess of fifty percent of the rentable floor area of such improvements, which subtenant is engaged in the activities permitted under this act, or (ii) to a lender holding a leasehold mortgage or interest on the parcel or on the improvements representing at least fifty percent of the rentable floor area of the improvements which, in the ordinary course, is foreclosing on its interest in the parcel or improvements or receiving a deed or other instrument in lieu of foreclosure, or (iii) to any persons or entities, including entities, organized for profit-making purposes, taking an interest in the parcel or improvements through or under such foreclosing lender. The lease and any recognition and nondisturbance agreements or similar agreements entered into by said department with any tenant, subtenant, mortgagee, assignee or other party holding any interest in through or under the lease or any sublease, may include agreements to provide or approve a new lease or sublease in the event of termination of the lease or sublease upon such terms and conditions as the commissioner may prescribe in the lease, sublease or such other agreements.

SECTION 60. Item 2520-0107 of 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:- ; provided further, that forty-one thousand six hundred and ten dollars is hereby allocated for a research project of the Cape Cod mosquito control project entitled, control of the enzootic vector of eastern encephalitis using native fish.

SECTION 61. Section 56 of chapter 495 of the acts of 1991 is hereby amended by inserting after the words "to be amortized over a period not to exceed five years" the following words:- ; provided that a hospital, which as of October first, nineteen hundred ninety-three, was (1) licensed for sixty-five beds or fewer; (2) had no emergency room; and (3) could demonstrate gross patient service revenue attributable to Titles XVIII and XIX of the Social Security Act of at least seventy percent, shall not be required to pay any such over generation of approved revenues into the uncompensated care trust fund as so established, and any noncompliance with the provisions of sections seventy-eight to one hundred and one of chapter six A of the General Laws, shall be waived and forgiven.

SECTION 62. Item 8800-0032 of section 2A of chapter 23 of the acts of 1992 is hereby amended by inserting after the words "No Name Storm" the following words:- ; provided further, that not less than thirty-seven thousand five hundred dollars shall be made available to federal emergency management agency identification number 009-59245 for federal disaster number 0975;.

SECTION 63. Section 162 of chapter 379 of the acts of 1992 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The juvenile court department established under section one of chapter two hundred and eleven B as of July first, nineteen hundred and ninety-five shall be composed of divisions in each of the judicial districts hereinafter enumerated; with the exception of the juvenile court division in the district of Barnstable county and the town of Plymouth which shall be established as of January first, nineteen hundred and ninety-four; and the further exceptions of Boston, Worcester, Springfield, and Bristol county which are currently operational and shall not be expanded until July first, nineteen hundred and ninety-five; provided, that the chief justice of the juvenile court, subject to the approval of the chief justice for administration and management, shall assign any juvenile justice of the juvenile court division of Barnstable county and the town of Plymouth to any district court in the counties of Suffolk, Worcester, Bristol, and Hampden holding juvenile sessions which shall have and exercise jurisdiction over the following cities, towns and territory, in the following counties, respectively:.

SECTION 64. Said section 162 of said chapter 379 is hereby further amended by inserting after the words "Bristol county division of the district court department, as the chief justice of the juvenile court department may determine." the following paragraph:-

The chief justice of the juvenile court department shall, on or before January first, nineteen hundred and ninety-five, submit to the chief justice of administration and management and the house and senate committees on ways and means a plan for implementation of those divisions established as of July first, nineteen hundred and ninety-five, including any plans for the expansion of the juvenile courts of Boston, Worcester, Springfield, and Bristol county.

SECTION 65. Section 203 of said chapter 379 is hereby amended by striking out the words "January first, nineteen hundred and ninety-six" and inserting in place thereof the following words:- January first, nineteen hundred and ninety-seven.

SECTION 66. Said chapter 379 is hereby further amended by striking out section 227 and inserting in place thereof the following section:-

Section 227. Notwithstanding the provisions of sections one and two of chapter two hundred and eleven B of the General Laws, from the period January first, nineteen hundred and ninety-four to June thirtieth, nineteen hundred and ninety-four, there shall be three hundred and twenty-seven justices and special justices of the trial court, including nineteen justices appointed to the juvenile court department; from the period July first, nineteen hundred and ninety-five to December thirty-first, nineteen hundred and ninety-five, there shall be three hundred and thirty-four justices and special justices of the trial court, including twenty-six justices appointed to the juvenile court department; and from the period January first, nineteen hundred and ninety-six to June thirtieth, nineteen hundred and ninety-six, there shall be three hundred and forty-one justices and special justices of the trial court, including thirty-three justices appointed to the juvenile court department.

SECTION 67. Item 4500-1010 of section 2A of chapter 50 of the acts of 1993 is hereby amended by inserting after the words "and state police officers", the following words:- ; provided further, that the cost of administering said grant, including the cost of personnel, may be paid from said amount.

SECTION 68. Section 74 of chapter 71 of the acts of 1993 is hereby amended by striking out in the fifth sentence the word "June", inserted by section 77 of chapter 151 the acts of 1993, and inserting in place thereof the following word:- December.

SECTION 69. Section 2 of chapter 110 of the acts of 1993 is hereby amended by striking out item 0320-0003 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 0320-0003 `tc4 For the salaries and expenses of the supreme judicial court, including the support of the special commissions, so-called; provided, however, that said commissions shall complete their studies, reports and recommendations on or before June thirtieth, nineteen hundred and ninety-four `tc6 $3,663,567 `tcol;end

SECTION 70. Section 2 of chapter 110 of the acts of 1993 is hereby amended by striking out item 0330-0300 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 0330-0300 `tc4 For the office of the chief justice of administration and management; provided, that not less than one hundred thousand dollars shall be expended to train court personnel on issues relating to domestic violence; provided further, that not less than one hundred and eighty thousand, five hundred forty-one dollars shall be expended for security training of court personnel; provided further, that not less than two hundred thousand dollars shall be expended for the judicial training institute; provided further, that, prior to June thirtieth, nineteen hundred and ninety-four, the chief justice of administration and management shall conduct a study of the need and feasibility of establishing a third district court of Barnstable to be held at Falmouth to serve the communities of Bourne, Sandwich, Falmouth, and Mashpee `tc6 $4,357,508 `tcol;end

SECTION 71. Said section 2 of said chapter 110 is hereby further amended in item 0330-4200 by striking out the following words "; provided further, that up to five hundred thousand dollars of this item may be transferred from this item to item 0337-0003 for the purpose of implementing a statewide juvenile court; and provided further that the chief justice of administration and management shall report such transfers to the house and senate committees on ways and means no less than fourteen days prior to the transfer".

SECTION 72. Said item 0330-4200 in said section 2 of said chapter 110 is hereby further amended by adding the following words:- ; provided further, that a forensic medicine specialist shall be assigned to an urban court from funds made available in this item.

SECTION 73. Said section 2 of said chapter 110 is hereby further amended by striking out item 0611-5800 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 0611-5800 `tc4 For distribution, pursuant to the provisions of section eighteen D of chapter fifty-eight of the General Laws, to each city and town within which racing meetings are conducted `tc6 $1,380,181 `tcol;end

SECTION 74. Item 1000-1100 in said section 2 of said chapter 110 is hereby amended by striking out the words "section two hundred eighty-four" and inserting in place thereof the following words:- section two hundred and eighty-two.

SECTION 75. Item 1104-1091 of said section 2 of said chapter 110 is hereby amended by inserting after the word "property", in line 6, the following words:- ; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department of procurement and general services 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 in the state accounting system.

SECTION 76. Item 1104-6601 of said section 2 of said chapter 110 is hereby amended by inserting after the word "property", in line 10, the following words:- ; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department of procurement and general services 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 in the state accounting system.

SECTION 77. Item 1104-6607 of said section 2 of said chapter 110 is hereby amended by inserting after the word "vehicles", in line 7, the following words:- ; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department of procurement and general services 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 in the state accounting system.

SECTION 78. Said section 2 of said chapter 110 is hereby further amended by striking out the line item number "1107-2500" and inserting in place thereof the line item number 1107-2501.

SECTION 79. Said section 2 of said chapter 110 is hereby further amended by striking out items 1150-5100, 1150-5103 and 1150-5105 and inserting in place thereof the following two items:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1150-5100 `tc4 For the office of the commission; provided, that all positions except clerical are exempted from the provisions of chapter thirty-one of the General Laws; provided further, that said commission shall pursue the highest rate of federal reimbursement per charge allowable; and provided further, that expenditures made from the AA subsidiary, so-called, of this item for the personnel costs associated with the purposes of the programs funded herein shall not exceed nine hundred sixty-eight thousand four hundred seventy-three dollars, including not more than twenty-four positions `tc6 $1,154,233 `tc1 1150-5104 `tc4 The Massachusetts commission against discrimination is hereby authorized to expend revenues collected through federal reimbursements received for the purposes of the housing and urban development fair housing assistance type I program and the equal opportunity resolution contract program during fiscal year nineteen hundred ninety-four, and federal reimbursements received for these and other programs in prior fiscal years; provided, that no less than five hundred thirty-two thousand sixty-five dollars shall be paid to the treasurer for costs incurred during prior fiscal years, for which certain laws, regulations and procedures were not properly followed; provided further, that the comptroller certifies in writing to the house and senate committees on ways and means that the treasurer has been reimbursed for said inappropriate expenditures prior to approving any additional encumbrances by said commission; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, said commission 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 in the state accounting system; and, provided further, that notwithstanding the provisions of section one of this act or any other general or special law to the contrary, federal reimbursements received in excess of one million eight hundred forty-one thousand four hundred sixty-nine dollars shall be credited to the General Fund `tc6 $1,841,469 `tcol;end

SECTION 80. Item 1201-0100 in said section 2 of said chapter 110 is hereby amended by inserting after the words "tax prosecution unit" the following words:- ; and provided further, that the department may charge the expenses for computer services including the cost of personnel and other support costs provided to the divisions of child support enforcement and local services from this account to the accounts for child support enforcement and local services, respectively, consistent with the costs attributable to the respective divisions.

SECTION 81. Item 1201-0105 of said section 2 of said chapter 110 is hereby amended by inserting after the word "program", in line 5, the following words:- ; provided further, 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 appropriation; and provided further, that personnel expenses incurred in other accounts may be transferred to this account.

SECTION 82. Item 3022-9108 of said section 2 of said chapter 110 is hereby amended by striking out, in line 9, the word "contracts" and inserting in place thereof the following word:- commitments.

SECTION 83. Item 4400-1000 of section 2 of chapter 110 of the acts of 1993 is hereby amended by inserting after the words "ways and means;" the following:-

provided further, that not more than two hundred thousand dollars may be transferred from this item to the executive office of communities and development for the administrative costs, including the costs of personnel, associated with the homelessness intercept program, so-called.

SECTION 84. Item 4403-2100 of said section 2 of said chapter 110 is hereby amended by inserting after the words "provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement;" the following:-

provided, however, that expenditures made from this item for said emergency shelter costs which are attributable to families who are otherwise eligible for such shelter pursuant to the provisions of this item, but who do not qualify for federal reimbursement because such families' length of stay in emergency shelter exceeds the federally allowed maximum or such families have received benefits more than once during the previous twelve months shall not be subject to federal reimbursement;.

SECTION 85. Item 4510-0616 of section 2 of said chapter 110 is hereby amended by inserting after the word "registration", in line 6, the following words:- ; and provided further, that the revenues collected may be used for all program costs including compensation of employees.

SECTION 86. Section 2 of said chapter 110 is hereby amended by striking items 4800-0000 and 4800-1111 and inserting in place thereof the following items:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 4800-0000 `tc4 The department of social services may expend an amount not to exceed three million, eight hundred thousand dollars in federal revenues collected pursuant to the provisions of Title IV-E of the Social Security Act to support the general administrative costs of the department, including the costs of personnel; provided, that expenditures made from the AA subsidiary, so-called, of this item and item 4800-0015 of section two of this act for the personnel costs associated with the purposes of the programs funded herein shall not exceed fourteen million one hundred seventeen thousand three hundred fifty-one dollars; provided further that no Title IV-E revenues shall be credited to this item until the department has first deposited a total of twenty-five million dollars of said Title IV-E revenues in item 4800-1111 of section two of this act; and provided further, that forty-two million, five hundred thousand dollars in said Title IV-E revenues shall be credited to the General Fund as federal reimbursement for services provided in fiscal year nineteen hundred and ninety-four `tc6 $3,800,000 `tc1 4800-1111 `tc4 The department of social services, for the purposes of the foster care program and subject to the provisions of item 4800-0030 of section two of this act may expend an amount not to exceed twenty-five million dollars from federal revenues collected pursuant to the provisions of Title IV-E of the Social Security Act; provided further, that notwithstanding the provisions of any general or special law to the contrary, no rate increase shall be granted to contracted providers paid from the MM subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein and that said cost shall not exceed twenty-five million dollars; provided further, that no contract or contract amendment shall be authorized in fiscal year nineteen hundred and ninety-four which will have an annualized cost exceeding the amounts made available herein until corresponding contract decreases are identified and approved on the Massachusetts management accounting and reporting system, so-called; provided further, that the costs of revenue maximization contracts, so-called, shall not be paid from this item `tc6 $25,000,000 `tcol;end

SECTION 87. Item 4800-0016 of said section 2 of said chapter 110 is hereby amended by inserting after the word "commonwealth", in line 12, the following words:- ; provided further, that not less than thirty thousand dollars shall be expended for a contract with Big Brothers and Sisters of Cape Cod and the Islands.

SECTION 88. Item 7052-0004 of section 2 of chapter 110 of the acts of 1993 is hereby amended by inserting, after the words "are funded" the following:-

; provided further, that not less than three hundred seventy-five thousand, ninety-six dollars shall be expended from this item for school project number 3232; provided further, that the department of education and the city of North Adams shall enter into an agreement so as to ensure that said three hundred seventy-five thousand, ninety-six dollars is repaid to the commonwealth no later than July first, nineteen hundred and ninety-nine.

SECTION 89. Said item 7052-0004 of said section 2 is hereby further amended by striking out the figure 9,232,800 and inserting in place thereof the figure 9,607,896.

SECTION 90. Item 7070-0065 of section 2 of chapter 110 of the acts of 1993 is hereby amended by inserting after the words "fifteen A;" the following:-

provided further, that, pursuant to the provisions included in section five A of chapter fifteen C of the General Laws, not less than seven hundred and fifty thousand dollars be expended for the purposes of implementing the college opportunity fund, so-called; provided, however, that no funds shall be expended for said college opportunity fund until the chancellor of the higher education coordinating council submits to the house and senate committees on ways and means a management plan delineating how said funds are to be expended, including, but not limited to, the number of clients to be served and the names of participating institutions;.

SECTION 91. Said item 7070-0065 of said section two is hereby further amended by striking out the figure 58,000,000 and inserting in place thereof the figure 58,750,000.

SECTION 92. Item 7100-0200 of said section 2 of said chapter 110 is hereby amended by inserting after the word "services", in line 76, the following words:- ; provided further, that said cooperative extension program shall maintain the same staffing levels as were in effect during fiscal year nineteen hundred and ninety-three.

SECTION 93. Item 8314-1300 in said section 2 of said chapter 110 is hereby amended by inserting after the words "General Laws" the following words:- ; provided, that said administrative review board shall promulgate the rules and regulations for the municipal grants program administered pursuant to item 8314-1400 on or before January thirty-first, nineteen hundred and ninety-four.

SECTION 94. Said section 2 of said chapter 110 is hereby further amended by striking out item 9000-2101 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 9000-2103 `tc4 For the additional expenses of the Massachusetts international trade council `tc6 $413,000 `tcol;end

SECTION 95. Item 1108-1213 of said section 2B of said chapter 110 is hereby amended by striking out the words "pride in performance program and to expend such fees for goods and services rendered in the administration of the program" and inserting in place thereof the following words:- performance recognition programs and to expend such fees for goods and services rendered in the administration of those programs.

SECTION 96. Said chapter 110 is hereby amended by striking out section 8 and inserting in place thereof the following new section:-

Section 8. If the commissioner of the department of social services determines that funds made available pursuant to items 4800-0016, 4800-0017, 4800-0030 and 4800-0041 of section two of this act and made available in any fiscal year nineteen hundred and ninety-four supplemental appropriations acts are insufficient to fund the services for which said items may be expended, said commissioner may, after submitting such written determination and giving thirty days prior notice to the house and senate committees on ways and means and the secretaries of administration and finance and health and human services, reallocate fifteen percent of the amount appropriated for each of said items among said items as deemed necessary in conformance with said notice. Subject to the provisions of this section, funds may also be transferred to line item 4800-0020 from items 4800-0016, 4800-0017, 4800-0030 and 4800-0041 in conformance with the aforementioned notice requirements; provided, however, that no funds may be transferred from item 4800-0020 to another account.

SECTION 97. Section 196 of said chapter 110 is hereby amended by striking out the word "ninety-six" and inserting in place thereof the following word:- ninety-five.

SECTION 98. Section 247 of chapter 110 of the acts of 1993 is hereby amended by striking out subsection (iii) and inserting in place thereof the following subsection:-

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

SECTION 99. Section 274 of said chapter 110 is hereby amended by striking out the fifteenth paragraph, added by section 3 of chapter 296 of the acts of 1993, and inserting in place thereof the following paragraph:-

The division shall adopt rules and regulations governing contracts between governmental units and social service program providers which shall include, but not be limited to: a provision requiring that all transactions between said providers and related parties shall be disclosed in writing in advance to the division and to such governmental units; a provision requiring a complete inventory of equipment which is to be used by a provider and to which a governmental unit has title, and requiring the return of such equipment to the proper governmental unit upon the completion or termination of the contract; and a provision requiring that any contracts for which funds expended by the commonwealth thereunder reimburse or compensate said providers for the amortization of mortgages for the ownership of any real property, whether owned directly or indirectly by said provider, shall contain provisions for the recoupment of said reimbursement or compensation by the commonwealth in the event said property is sold and may, if necessary, allow for the execution of liens to ensure such recoupment; provided, that any such lien shall be subordinated to any statutory lien, to the lien of a first mortgagee who has provided a purchase-money mortgage for such property, and to the interest of any banking institution, as defined in section one of chapter one hundred and sixty-seven A of the General Laws, holding a security interest in such property in an amount not exceeding ten percent of the appraised value of such property as determined and provided by such banking institution; and provided further, that any such recoupment shall be net of any outstanding balance due pursuant to any such superior security interest. If after a hearing the division finds a violation of any regulation adopted under this paragraph, the division may order that the contract be terminated, or may assess a civil penalty of not more than two thousand dollars or ten percent of the amount payable under the contract, whichever is greater, which the agency shall withhold from payments otherwise due under the contract. Notwithstanding the foregoing, any provider aggrieved under this paragraph may exercise any legal remedies or cause of action available to such provider under law. If the division determines after a hearing that a provider has committed repeated willful violations of this paragraph, it may debar the provider from further state contracts but such debarment shall not be for a period longer than five years.

SECTION 100. Section 289 of said chapter 110 is hereby amended by striking out the words "secretary of consumer affairs" and inserting in place thereof the following words:- secretary of economic affairs.

SECTION 101. Section 316 of said chapter 110, as amended by section 117 of chapter 151 of the acts of 1993, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentences:- Any regional school district which has not met its net school spending amount in fiscal year nineteen hundred and ninety-four and which used qualifying revenue amounts in a fiscal year that are not reasonably projected to be available for use in the next year, may appeal to the department of revenue no later than January twenty-ninth, nineteen hundred and ninety-four for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net spending requirement amount based on the amount of shortfall in revenue and reduce the minimum local contribution of the member municipalities accordingly. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of excess and deficiency, surplus, and uncommitted reserves. The amount of financial assistance due from the commonwealth in fiscal year nineteen hundred and ninety-four pursuant to chapter seventy or any other provision of law shall not be changed on account of any redetermination of the required local contribution under this section.

SECTION 102. Section 324 of said chapter 110 is hereby repealed.

SECTION 103. Section 375 of said chapter 110 is hereby amended by inserting after the word "owner", in line 8, the following words:- , an official of the Massachusetts Housing Finance Agency.

SECTION 104. Said section 375 of said chapter 110 is hereby further amended by striking out, in lines 16 and 17, the words "October fifteenth, nineteen hundred and ninety-three" and inserting in place thereof the following words:- May second, nineteen hundred and ninety-four.

SECTION 105. Section 381 of said chapter 110 is hereby amended by striking out, in line 20, the word "ninety-four" and inserting in place thereof the following word:- ninety-five.

SECTION 106. Said chapter 110 is hereby further amended by striking out section 385 and inserting in place thereof the following section:-

Section 385. Notwithstanding the provision of any general or special law to the contrary, there is hereby established a special commission for the purpose of studying the feasibility of mergers or acquisitions both of one or more investor-owned electric utilities and of one or more investor owned gas utilities. The special commission shall consist of eleven members: the secretary of consumer affairs or his designee, the commissioner of the division of energy resources, the attorney general or his designee, three members of the senate appointed by the senate president, three members of the house of representatives appointed by the speaker of the house, and two members of the public appointed by the governor. The commission shall be chaired by the commissioner of the division of energy resources and the house and senate chairmen of the joint committee on energy. The commission shall investigate and study the feasibility of mergers or acquisitions of one or more investor-owned electric utilities within the commonwealth by one or more other investor-owned electric utilities servicing the commonwealth. The commission shall also investigate and study the feasibility of mergers or acquisitions of one or more investor-owned gas utilities within the commonwealth by one or more other investor-owned natural gas utilities servicing the commonwealth. The commission shall investigate and study the impact that such mergers or acquisitions would have on such matters as electric rates for all classes of rate payers within the contemplated service territory. The commission shall file with the clerks of the senate and house of representatives, and the department of public utilities, a final report of its findings and recommendations, with accompanying legislation, if any, no later than the first Tuesday in June, nineteen hundred and ninety-four. Upon filing of the report, the department of public utilities is hereby directed to open a generic hearing to consider and implement the recommendations of the report as appropriate.

SECTION 107. Chapter 132 of the acts of 1993 is hereby amended by adding the following two sections:-

Section 27. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-four the following balances, which would otherwise revert on June thirtieth, nineteen hundred and ninety-three, the expiration dates of the items listed herein are hereby extended through June thirtieth, nineteen hundred and ninety-four: `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 5011-7890 `tc4 `tc6 $415,600 `tc1 5011-8874 `tc4 `tc6 $91,397 `tc1 5011-8875 `tc4 `tc6 $76,141 `tc1 5011-8876 `tc4 `tc6 $225,526 `tc1 5011-8877 `tc4 `tc6 $53,940 `tc1 5011-9873 `tc4 `tc6 $197,897 `tc1 5095-8870 `tc4 `tc6 $2,115,751 `tc1 5095-8871 `tc4 `tc6 $210,837 `tc1 5095-8872 `tc4 `tc6 $8,352,861 `tc1 5095-8874 `tc4 `tc6 $789,367 `tc1 5095-8875 `tc4 `tc6 $6,890,209 `tc1 5095-8876 `tc4 `tc6 $1,267,973 `tc1 5095-8877 `tc4 `tc6 $1,030,497 `tc1 5655-8841 `tc4 `tc6 $50,483 `tcol;end

Section 28. Section twenty-seven shall take effect as of June thirtieth, nineteen hundred and ninety-three.

SECTION 108. Item 1108-1005 of section 2A of chapter 151 of the acts of 1993 is hereby amended by inserting after the word "Laws", in line 5, the following words:- ; provided however, that notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to grant a five percent salary adjustment to executive branch employees who perform managerial functions who are ineligible to receive a salary adjustment because their salaries are not set forth in said section forty-six C and who were ineligible to receive a salary adjustment pursuant to the collective bargaining agreements entered into by the commonwealth and its several employee unions; provided further, that no statutory employee, so-called, shall be eligible for a salary adjustment; provided further, that no higher education employee who performs managerial functions shall be eligible for any salary adjustment authorized herein.

SECTION 109. Item 0330-4100 of section 2C of said chapter 151 is hereby amended by striking out the figure "3,300,000" and inserting in place thereof the following figure:- 7,300,000.

SECTION 110. Item 9000-1920 of section 2C.I of said chapter 151 is hereby amended by striking out the figure "812,206" and inserting in place thereof the following figure:- 1,088,973.

SECTION 111. The department of youth services shall in conjunction with the department of public safety and the executive office of health and human services, conduct a study of recidivism for the years nineteen hundred and ninety to nineteen hundred and ninety-two, inclusive. Said study shall include, but not be limited to, examining the nature of offenses committed by youths before and after commitment to the department of youth services, the length of commitment to department programs and examination of the number of adults currently incarcerated in state or county correctional facilities, who were as youths committed to the department of youth services. The results of said study shall be reported to the senate and house committees on ways and means on or before April thirtieth, nineteen hundred and ninety-four.

SECTION 112. The department of environmental protection is hereby authorized to compile and publish periodically a list of contractors and engineers who wish to design and construct septic systems or system upgrades in the commonwealth. Contractors who wish to be placed on the list shall send a letter to said department expressing their intent to participate, listing their business address and telephone numbers, and giving an estimate for the cost and installation of typical septic systems. The list shall be on file with the department and available to the public through each of the departments's regional service centers. The list shall be compiled solely for the public convenience, and shall contain a statement that the commonwealth does not endorse or guarantee the qualifications, work or prices of any listed party.

SECTION 113. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts emergency management agency is authorized to incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year nineteen hundred and ninety-four to be charged to item 8800-0200 in section two of chapter one hundred ten of the acts of nineteen hundred and ninety-three, in an amount not to exceed two hundred and seventy-eight thousand seven hundred and sixty-eight dollars, for the authorized purposes of said item, for the purpose of accommodating delayed receipt of revenues in fiscal year nineteen hundred and ninety-four, authorized to be retained in said item during fiscal year nineteen hundred and ninety-four.

SECTION 114. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the executive office of health and human services is hereby authorized and directed to conduct a study and make recommendations relative to reorganization of the management and provision of the commonwealth's health care delivery, purchasing, regulatory and advisory functions. Said study shall be conducted in consultation with the secretaries of the executive offices of consumer affairs, elder affairs and administration and finance. Said study shall examine the agencies, departments, boards and commissions within said executive offices that perform such functions and the necessity, feasibility and advisability of achieving their reorganization, consolidation, elimination or strengthening to meet the following purposes: achieving the most efficient and most beneficial allocation of public health care resources by coordinating the purchase of all publicly financed health care services and maximizing the principle of prudent purchasing; constraining growth in public and private health care expenditures by promoting the cost-effective delivery of health care services by public and private health care providers, promoting implementation of preventative care and other measures that reduce demand for more intensive and costly services and minimizing duplicative or unnecessary regulation of health care providers, professionals and purchasers; promoting the availability of essential health services to all citizens of the commonwealth within a time frame regarded to be feasible and affordable by the citizens of the commonwealth; and promoting the principles of universal care and marketplace competition by an accountable and flexible administrative structure as needed to promote the aforementioned purposes and to implement chapter twenty-three of the acts of nineteen hundred and eighty-eight, chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one and health care reform proposals which may be adopted by the United States Congress.

Said study shall include the following: an inventory of existing agency, department, board and commission resources, including personnel, contractual and automation services; an organizational chart designed to effectuate recommendations included in said report; and a projection of additional resources and savings needed to reorganize, consolidate, eliminate or strengthen said agencies, departments, boards and commissions to achieve the aforementioned purposes. Said study shall further identify the most optimal use of resources for coordinating a system of long term care for the elderly, including, but not limited to, the most effective means for purchasing and coordinating nursing home, chronic hospital, home health and home care services and for expanding the supply of supported housing and elder care options. Said study shall include a reasonable timetable for the implementation of said recommendations, including deadlines for the drafting and filing of legislation necessary to effectuate such administrative reforms.

A report on the preliminary findings of said study, including any recommendations resulting therefrom, shall be filed with the clerk of the house of representatives and the clerk of the senate not later than April first, nineteen hundred and ninety-four to be available for consideration by the general court in deliberating the budget for the commonwealth that begins on July first, nineteen hundred and ninety-four.

SECTION 115. Notwithstanding the effective date of the amendment by this act to paragraph (cc) of section six of chapter sixty-four H of the General Laws, or the provisions of any other general or special law to the contrary, the department of revenue is hereby authorized and directed to cease efforts to collect meals tax payments from continuing care retirement communities as defined by section seventy-six of chapter ninety-three of the General Laws, including those payments that are currently in dispute; provided, that those payments that have been made to date shall not be refunded to said continuing care retirement communities.

SECTION 116. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized and directed to enter into an agreement with the city of Lynn for the reconstruction, restoration, and maintenance of Stone Tower at the Lynn Woods Olmstead State Park located in the city of Lynn. For the purposes of undertaking and completing the reconstruction, restoration, and maintenance of said Stone Tower, no less than forty thousand dollars shall be expended from line-item 2100-3000 in section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three by said department and allocated to the city of Lynn.

SECTION 117. Any municipality that has filed a plan with the Statewide Emergency Telecommunications Board (SETB) to establish, staff and operate a public safety answering point (PSAP) as defined by chapter two hundred and ninety-one of the acts of nineteen hundred and ninety and conforms to the standards established by the SETB and submits an amendment to their E-911 municipal plan for SETB approval on or before January fourth, nineteen hundred and ninety-four in conjunction with one or more other municipalities shall receive an equal amount of assistance that would have been provided to each municipality had said municipality established a PSAP individually. Such assistance is to be used to offset the costs related to communications systems, including telephone and radio, associated with the establishment of a regional PSAP.

The rules and regulations pertaining to said funding shall be promulgated by the SETB.

The amount of assistance shall be based on a formula established by SETB which takes into consideration the initial E-911 plan and additional costs associated with implementation of the regional PSAP such as network and PSAP equipment.

SECTION 118. Notwithstanding the provisions of any general or special law to the contrary, no owner or owners of land or interest in land acquired by the division of watershed management of the metropolitan district commission pursuant to the provisions of chapter thirty-six of the acts of nineteen hundred and ninety-two shall incur any loss of market value for such real property by reason of the restrictions contained in said chapter thirty-six.

SECTION 119. The secretary of the executive office of health and human services is hereby authorized and directed to establish a plan that promotes the more equitable distribution and siting of community-based residential programs in cities, towns and neighborhoods of the commonwealth by the agencies within said executive office, the department of corrections and vendors under contract with such agencies. Unless the context clearly requires otherwise, the word "agency" used hereinafter shall mean the agencies within said executive office, the department of corrections and the vendors under contract with such agencies.

Said plan shall establish the goals of: (1) ensuring that such programs do not disproportionately impact nor become disproportionately concentrated in any city, town, neighborhood or region; (2) actively promoting the reasonable and fair distribution of such residential programs; and (3) establishing that such goals are adopted separately and collectively by said agencies.

Said plan shall establish a centralized process within the executive office to review all proposals by said agencies that would site new community-based residential programs proposed after the effective date of this act. Said plan shall make the applicable line agency within the secretariat, or, as the case may be, the department of corrections, responsible for submitting to said executive office any such proposal initiated by an agency. Said proposals shall describe the nature of the program proposed for a particular site based on guidelines established by the secretary which shall include but not be limited to: a description of the program's clients and program sponsorship; the location and description of the proposed residential structure; a physical and demographic description of the immediate neighborhood; the total number of overnight beds proposed for the structure; the total number of day clients to be served at the structure; the total number of overnight beds, day slots and the total residential population within a one-half mile radius of the structure; the proposed acquisition, lease or rental costs for the structure; proposed operating guidelines that minimize the program's impact on the surrounding neighborhood; and the program's proposed annual operating costs.

Each proposal shall further include information demonstrating how said program complies with the following criteria:

1. The proposal does not add a disproportionate number of new residential beds to the neighborhood or locality relative to the number of beds in surrounding neighborhoods and localities.

2. Alternative sites in localities with disproportionately fewer beds were rejected for documented reasons that are consistent with the purposes of this section.

3. Decisions concerning the proposed site, and the rejection of alternative sites, were not based exclusively on cost.

4. The proposed site was chosen because it enabled an agency, or, if appropriate, the program's residents, to reside in a community of preferred choice.

Each proposal shall be reviewed by the secretary or his designee. The secretary of public safety shall be provided an opportunity to comment during the review of a proposal sponsored by the department of corrections or its vendors. The review process shall examine the impact of the proposed program on the immediate neighborhood and surrounding localities, and the impact of the program in combination with all other community based residential programs, regardless of sponsoring agency, located in the proposed neighborhood and surrounding localities. Said review shall examine whether a program proposed for a disproportionately impacted neighborhood could not be located in a locality less disproportionately impacted than the proposed locality. For purposes of this section, disproportionate impact shall be assessed on the basis of quantitative and qualitative measures of whether a geographic area supports an inordinate number of community-based residential programs compared with other geographic areas.

Each proposal shall be approved or disapproved by the secretary. In approving a proposal, the secretary shall certify that the proposal complies with the requirements of this section and shall make a finding that the proposed program does not disproportionately impact a neighborhood and its locality relative to a surrounding locality and other nearby cities and towns. The secretary shall disapprove a proposal that does not comply with the requirements of this section or that disproportionately impacts a neighborhood and surrounding locality.

Said plan shall establish a catalogue of community-based residential programs in existence on the effective date of this section for each geographic region, including each zip code, census tract, census block, if feasible, and any other reasonable, discrete measure of a population center which may be defined by the secretary. Said catalogue shall describe the number and type of beds, day slots, structures and program types operated by each agency and its vendors in each such geographic region. Said catalogue shall serve as the basis for assessing the additional impact of locating new residential programs in a city, town or neighborhood. Said catalogue shall be periodically revised to reflect new programs approved by the secretary and changes resulting from programs that close or move.

For purposes of this section, a community-based residential program shall mean any overnight supervised or unsupervised residence housing more than one person operated directly or indirectly by an agency. Said programs shall include, but not be limited to emergency, transitional and permanent residences, shelters, centers and sites, but shall not include the residences of families providing foster care on behalf of the department of social services or housing secured by clients of an agency without financial assistance from said agency.

The comptroller is hereby authorized and directed to withhold the expenditure of funds for any contract, service agreement or other payments for services rendered by a community-based residential program proposed after the effective date of this act which has not been approved by the secretary pursuant to the provisions of this section.

The secretary shall file said plan with the clerk of the house of representatives and the clerk of the senate upon its completion but not later than February first, nineteen hundred and ninety-four.

SECTION 120. Notwithstanding any general law or regulation to the contrary, a provider shall be entitled to receive an administrative adjustment to its rate pursuant to 114.2 CMR 5.15 (1)(e) provided it meets the criteria set forth in 114.2 CMR 5.15 (1)(e) and (2-5), inclusive, and provided further that it meets all of the following criteria: (i) has a public utilization (including Medicare, Medicaid and Massachusetts Commission for the Blind) of seventy-five percent or greater; (ii) a change in ownership after January first, nineteen hundred and ninety; (iii) has had all or part of its long term debt financed by a loan from a public authority; and (iv) the facility is located in the service area of a federally designated sole community hospital. If the provider meets the criteria described herein, the rate setting commission shall grant the relief provided for in 114.2 CMR 5.15(e).

SECTION 121. Notwithstanding the provisions of any general or special law or regulation to the contrary, the office for children shall issue as a permanent record a lead teacher certificate to Pamela Maine Cavanagh, a nursery school teacher in the town of Brookline, as if said person qualified for said certificate pursuant to the provisions of 102 CMR 7.06(4).

SECTION 122. The secretary of environmental affairs shall make an investigation and study of the effect of a reduction in the gasoline tax and its impact on the environment of the commonwealth; and provided further that said secretary shall make a determination of need and its recommendations in accordance with the provisions of the Massachusetts Environmental Policy Act.

Said secretary shall file its recommendations with the clerk of the house of representatives on or before June thirtieth, nineteen hundred and ninety-four, who shall forward the same to the committee on natural resources and agriculture.

SECTION 123. The metropolitan district commission is hereby authorized and directed to construct a new crosswalk and post with signs said crosswalk for Highland avenue in the area of Doonan/Tucker streets located in the city of Medford.

> SECTION 124. Notwithstanding the provisions of any general or special law to the contrary, monies received by the commonwealth pursuant to subsection (i) of section 4 of chapter three hundred and seventeen of the acts of nineteen hundred and eighty-three shall be made available for expenditure, without further appropriation, by the commissioner of the department of food and agriculture for the operation of programs to promote agricultural activities as defined in section two of chapter one hundred and twenty-eight of the General Laws.

SECTION 125. The department of environmental protection shall file with the clerks of the house of representatives and of the senate any new regulations concerning septic systems at least sixty days prior to the effective date of any such regulations.

SECTION 126. Notwithstanding section twenty-six A> of chapter one hundred and forty-eight of the General Laws, or any other general or special law to the contrary, Don Bosco High School in the city of Boston shall not be required to install automatic sprinklers.

SECTION 127. The portion of the fund bequeathed by Benjamin Franklin to the inhabitants of the town of Boston in trust which is to the disposition of the commonwealth upon termination of the trust shall be distributed to the Franklin Foundation, established by chapter five hundred sixty-nine of the acts of nineteen hundred and eight, in trust for the maintenance, extension and use of the Franklin Institute.

SECTION 128. Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services shall report monthly to the state budget director, the secretary of administration and finance, and the house and senate committees on ways and means on the utilization and cost of all day care programs funded in whole or in part by the commonwealth. Such report shall include: (1) the number of filled MassJobs voucher day care slots; (2) the number of filled MassJobs contracted day care slots; (3) the number of filled teen day care slots; (4) the number of filled income eligible voucher day care slots; (5) the number of filled income eligible contracted day care slots; (6) the number of filled family preservation day care slots; (7) the number of children receiving informal child care. Such report shall also include the daily rate paid for each day care slot in each of the aforementioned categories. Such report shall also include: (1) the number of clients currently enrolled in an approved educational activity that is a mandatory component of the MassJobs program; (2) the number of clients currently enrolled in an approved job skills training or job readiness or job development/placement activity that is a mandatory component of the MassJobs program; (3) the number of clients currently enrolled in each of the optional components of the MassJobs program specified in section 3.4 of the State JOBS plan; (4) the number of former MassJobs clients currently in their one year transition phase. Such report shall also include the number of clients requiring day care in each of the aforementioned categories.

SECTION 129. Notwithstanding the provisions of section fifty-seven C of chapter fifty-nine of the General Laws or any other general or special law to the contrary, cities and towns that have accepted provisions of said section fifty-seven C of said chapter fifty-nine are hereby authorized with respect to fiscal year nineteen hundred and ninety-four to issue notices of preliminary tax in addition to such notice of preliminary tax as provided in said section; provided, however, that no additional notice of preliminary tax may be issued unless first approved by the commissioner of revenue; and, provided, further, that as a condition of any such approval, the commissioner may establish such requirements as he deems appropriate, which may include, but not be limited to, the submission by the board of assessors of all information required to set the tax rate under the provisions of section twenty-three of said chapter fifty-nine, except the assessed valuation of all real and personal property subject to taxation for the current fiscal year.

If the issuance of an additional preliminary tax is approved by the commissioner of revenue and requires a third quarterly installment payment with respect to fiscal year nineteen hundred and ninety-four, such notice shall be sent on or before December thirty-first, nineteen hundred and ninety-three or on such later date as is approved by the commissioner of revenue and shall be due and payable on February first, nineteen hundred and ninety-four or thirty days after the date of mailing such notice, whichever is later. The amount of any additional installment payment required pursuant to this act shall not exceed the amount of the first quarterly installment payment for fiscal nineteen hundred and ninety-four as provided for by said section fifty-seven C of said chapter fifty-nine.

If any installment payment as provided for herein is not timely paid, it shall be delinquent and interest at the rate of fourteen percent per annum computed from the due date shall be paid. For purposes of this section, amounts not timely received shall be deemed unpaid.

If the actual bills for fiscal year nineteen hundred and ninety-four are not mailed by December thirty-first, nineteen hundred and ninety-three, then upon the establishment of the tax rate there shall be a single actual bill due and payable on May first, nineteen hundred and ninety-four, or thirty days after the date of mailing such bill, whichever is later. Such bill shall represent the full balance owed after credit is given for the preliminary tax payment previously made. To the extent not inconsistent with the provisions contained herein, the provisions of said section fifty-seven C of said chapter fifty-nine shall be fully applicable to any additional notice of preliminary tax issued pursuant to the provisions of this section.

SECTION 130. Notwithstanding the provisions of any general or special law to the contrary, in the event of a disaster as defined in regulations promulgated by the department of public welfare, the department of public welfare is hereby authorized to make payments for disaster assistance from item 4403-2100 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three; provided, however, that for the purpose of this section, disaster assistance shall be defined as payments for advance rent, security deposits, food, clothing, and household supplies; and provided further, that said department is hereby authorized to pay such disaster assistance retroactive to July first, nineteen hundred and ninety-three.

SECTION 131. The commissioner of education shall, five years after the effective date of this act, undertake a full evaluation comparing the effectiveness of college and university based provisional educator with advanced standing preparation programs, district-based provisional educator preparation programs, or other alternative educator preparation programs, and college and university based provisional educator with advanced standing preparation programs and report the results one year later. Said report shall be filed with the clerks of the house of representatives and of the senate and the joint committee on education, arts and humanities of the general court.

SECTION 132. The division of medical assistance shall establish a process to ensure that payments to chronic disease and rehabilitation hospitals for administratively necessary days are not terminated prior to a determination that the hospital is not making a good faith effort to find a suitable nonhospital placement. Any such determination shall be subject to further review by the division, in cooperation with the Massachusetts Hospital Association. The division shall provide assistance to hospitals requiring such assistance in finding suitable nonhospital placements.

The division, prior to terminating any hospital payments, shall report to the senate and house committees on ways and means on the number of (1) reviews conducted in accordance with the provisions of the preceding paragraph and (2) proposed terminations of payment for administratively necessary days.

SECTION 133. The executive office of consumer affairs and business regulation is hereby authorized and directed to study which small retail establishments should be exempted from the requirements for unit pricing of packaged commodities pursuant to section one hundred and fifteen A of chapter six of the General Laws. Said executive office shall report the findings and conclusions of such study in writing to the house and senate committees on ways and means not later than June first, nineteen hundred and ninety-four.

SECTION 134. The commissioner of the department of mental retardation is hereby authorized and directed to provide to the house and senate committees on ways and means, on or before March first nineteen hundred ninety-four, a list of all individuals who will be deemed priority A turning twenty-two, clients, so-called, during fiscal year nineteen hundred ninety-five. No information requested or provided shall violate said department's standards of client confidentiality. Said list shall include, but not be limited to, the estimated costs of services for each individual during fiscal year nineteen hundred ninety-five and during which quarter turning twenty-two services provided by the department of mental retardation shall commence. Said list shall also include the annualized cost of those services in fiscal year nineteen hundred ninety-six.

SECTION 135. Notwithstanding the provisions of any general or special law to the contrary, the comptroller may authorize payments from the amounts appropriated in the items of appropriation authorized in chapter one hundred and ten of the acts of nineteen hundred and ninety-three, as amended by this act, which are specified below, in the amounts not to exceed those specified below, for certain contracted services or purchases which may have occurred in violation of the provisions of chapter twenty-nine of the General Laws; provided, that nothing in this section shall be construed so as to make any further appropriation of funds for said purpose; provided further, that the comptroller shall not authorize any such payments until the officer having charge of each agency below files with the state budget director, the secretary of administration and finance, and the house and senate committees on ways and means a written statement detailing the circumstances which led to the need for such authorizations; provided further, that the state auditor is hereby authorized and directed to make an audit of the internal financial reporting and control structures of each of the agencies listed below and make such recommendations as may be appropriate so as to prevent the future need for such authorizations; and provided further, said audit shall be filed with the comptroller, the state budget director, the secretary of administration and finance, and the house and senate committees on ways and means no later than June first, nineteen hundred and ninety-four. `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 `tc2 Trial Court Department. `tc1 0330-4100 `tc4 `tc6 $4,000,000 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5100 `tc4 `tc6 $23,734 `tc2 Metropolitan District Commission. `tc1 2410-1000 `tc4 `tc6 $38,547 `tc2 Division of Medical Assistance. `tc1 4000-0310 `tc4 `tc6 $89,495 `tc2 Department of Social Services. `tc1 4800-0151 `tc4 `tc6 $125,000 `tcol;end

SECTION 136. Notwithstanding the provisions of item 0330-4100 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, the trial court is hereby authorized to expend an amount not to exceed four million dollars from said item for the purchase of certain equipment; provided, however, that said funds shall not be expended until authorized by the comptroller pursuant to the provisions of section one hundred and thirty-five of this act.

SECTION 137. (a) There is hereby established a retirement incentive for certain higher education employees of the commonwealth eligible pursuant to the provisions of this section; provided, however, that this incentive shall only be available to the employees of each public institution of higher education if the board of trustees having charge of such institution agrees, by a recorded vote, to accept the provisions of this section. Notwithstanding the provisions of chapter thirty-two of the General Laws or any other general or special law to the contrary, the state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall establish and implement said retirement incentive for higher education employees, hereinafter referred to as the retirement incentive program, in accordance with the provisions of this section; provided, that in order to be deemed eligible by said board for any of the benefit options under the retirement incentive program, an employee (i) shall be a higher education employee of the commonwealth on the effective date of this act, (ii) shall have been a member in active service of the state retirement system on July first, nineteen hundred and ninety-three, (iii) shall be classified in Group 1 or Group 2 of said retirement system in accordance with the provisions of paragraph (g) of subdivision (2) of section three of said chapter thirty-two, (iv) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five of said chapter thirty-two or of subdivision (1) of section ten of said chapter thirty-two upon the date of his written application with said board, and (v) shall have filed such written application with said board in accordance with this section.

Said retirement incentive shall be available to not more than one thousand, five hundred full-time equivalent higher education employees and shall be allocated as follows: (1) not more than nine hundred full-time equivalent employees of the university of Massachusetts; provided, that not more than fifty percent of said employees shall be faculty personnel, not more than twenty-five percent of said employees shall be administrative personnel, and not more than twenty-five percent of said employees shall be classified personnel; (2) not more than three hundred full-time equivalent employees of the state college system; provided, that not more than fifty percent of said employees shall be faculty personnel, not more than twenty-five percent of said employees shall be administrative personnel, and not more than twenty-five percent of said employees shall be classified personnel; (3) not more than three hundred full-time equivalent employees of the community college system; provided, that not more than fifty percent of said employees shall be faculty personnel, not more than twenty-five percent of said employees shall be administrative personnel, and not more than twenty-five percent of said employees shall be classified personnel; provided further, that the retirement of employees with greater creditable service shall be approved before approval is given to employees with lesser creditable service; provided, further, that said applications shall be delivered by mail. No employee shall be eligible for more than one of the incentives offered herein and no employee may become eligible for one incentive by virtue of the application of a different incentive.

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

(b) Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that requires a retirement date within four months of the filing of an application for superannuation retirement, in order to receive the retirement benefit provided by this section, an eligible employee, shall file his application for retirement under the provisions of this section with the state retirement board after March fifteenth, nineteen hundred and ninety-four, but no later than April fifteenth, nineteen hundred and ninety-four; provided, that the retirement date requested shall be June thirtieth, nineteen hundred and ninety-four; provided further, that the date requested by an employee under the provisions of this section shall be subject to approval by said employee's appointing authority; provided, further, that such approval shall only relate to the choice of date by said employee.

(c) Any employee who is eligible for the retirement incentive program in accordance with the provisions of subsection (a) of this section may request in his application for retirement that the state retirement board credit him with an additional retirement benefit in accordance with the provisions of this section; provided, that each such employee shall request and receive five years of creditable service or five years of age or a combination of years of creditable service and years of age, the sum of which shall not be greater than five years, for the purposes of determining his superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of chapter thirty-two of the General Laws.

Notwithstanding such credit, the total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of said section five of said chapter thirty-two, of any employee who retires and receives the retirement benefit provided by this section shall not exceed four-fifths of the average annual rate of his regular compensation as determined in accordance with said section five of said chapter thirty-two.

(d) For any married employee who retires and receives an additional benefit under the retirement incentive program, an election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws shall not be valid unless (i) its is accompanied by the signature of the member's spouse indicating the member's spouse's knowledge and understanding of the retirement option selected, or (ii) the spouse has received notice of such election. If any member who is married files an election which is not so accompanied the state retirement board shall within fifteen days notify the member's spouse by registered mail of the option election, and the election shall not take effect until thirty days following the date on which such notification is sent, and such election may be changed by the member at any time within said thirty days, or at any other time permitted under said chapter thirty-two. Nothing in this section shall be deemed to affect the effective date of any retirement allowance, but in the event of any election having been filed which is not so accompanied, the payment of any allowance so elected shall not be commenced earlier than thirty days after the sending by the retirement board of the notice required hereunder.

(e) The state retirement board is hereby authorized and directed to collect and file a report on the following: (1) the number of employees who have retired from any public institution of higher education during each of the past three fiscal years and (2) the amount of retirement benefits, including the costs of health insurance, paid to said employees during each of the past three fiscal years. Based upon the historical information so collected and reported, the state retirement board shall develop an average for each institution of public higher education of the number of employees who would normally retire absent any retirement incentive plan in fiscal years nineteen hundred and ninety-four, nineteen hundred and ninety-five, and nineteen hundred and ninety-six and the average retirement costs, including the costs of health insurance, by institution for such employees in each of said fiscal years. For the purposes of this section the averages developed by the state retirement board shall be known as "base retirement costs". All costs attributable to any employee of any institution of higher education who retires under the retirement incentive plan established by this section which exceed the base retirement costs as defined herein shall be referred to as "incremental retirement costs". The state retirement board shall complete this study within thirty days of the effective date of this act and shall file such study with the chancellor of higher education, the state budget director, the secretary of administration and finance, the clerk of the senate and the house and senate committees on ways and means.

(e>) All incremental retirement costs shall be paid out of the sums appropriated or otherwise made available to the several institutions of higher education for the fiscal year nineteen hundred and ninety-five. The base retirement costs, as described in subsection (e), for fiscal year nineteen hundred and ninety-five shall not be charged to the several institutions of higher education, but shall be funded from the appropriate item of appropriation in section two of the general appropriations act for fiscal year nineteen hundred and ninety-five. All costs associated with the payment of accrued vacation time, unused sick leave or any other severance payment, shall be paid from the sums appropriated or otherwise made available to the several institutions of higher education in the fiscal year nineteen hundred and ninety-five. Any board of trustees which agrees to accept the provisions of this section shall not request nor receive any supplemental funding for the costs of the retirement incentive plan in fiscal year nineteen hundred and ninety-five; provided further, that it is hereby declared to be the intention of the general court that any funding appropriated to the system of institutions in fiscal year nineteen hundred and ninety-five which exceeds the amounts appropriated to said institutions in fiscal year nineteen hundred and ninety-four shall be for the purpose of enhancing academic programming and shall not be expended for any costs associated with the retirement incentive plan established herein; provided, that each board of trustees shall develop a management plan to implement the staffing reductions and chargeback costs associated with the retirement incentive plan in a manner which minimizes the impact of such reductions and chargebacks on student services; provided further, that such management plan shall be filed with the state budget director, the secretary of administration and finance and the house and senate committees on ways and means no later than April fifteenth, nineteen hundred and ninety-four.

(f) The state retirement board, established under the provisions of section eighteen of chapter ten, shall provide retirement counseling services to employees who choose to retire under the retirement incentive program. Said counseling shall include, but not be limited to, the following provisions; (i) the additional benefit options available under the retirement incentive program; (ii) the election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws; (iii) restrictions on employment after retirement; (iv) the provision of health care benefits under the provisions of chapter thirty-two A of the General Laws; (v) the payment of cost of living adjustments; and (vi) the effect of federal and state income taxation. Each such employee shall sign a sworn statement that he has received such counseling prior to the approval by the state retirement board of such employees' application for superannuation retirement and additional benefits under said retirement incentive program.

(g) The commissioner of the public employee retirement administration, the executive director of the state retirement board, and the executive director of the group insurance commission, in consultation with the chairman of each board of trustees which agrees to accept the provisions of this section, shall analyze, study, and valuate the incremental retirement costs attributable to the benefits payable under the early retirement incentive program. Upon completion of such study, and in no case later than August thirtieth, nineteen hundred and ninety-four, the executive director of the state retirement board shall certify in writing to the state budget director, the secretary of administration and finance, the comptroller, the joint committee on public service, and the house and senate committees on ways and means the total incremental retirement costs associated with those eligible employees enrolled in the retirement incentive program. Said certification shall include a statement which delineates such incremental retirement costs by institution.

(h) Based upon the certification provided pursuant to subsection (g), the comptroller shall transfer to the general fund from items of appropriation made available to the several public institutions of higher education in section two of the general appropriations act for fiscal year nineteen hundred and ninety-five the total amount of incremental retirement costs associated with those employees who retire pursuant to the provisions of this section; provided, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to also charge said items of appropriation for the incremental retirement costs of those employees who enroll in the early retirement incentive program who are compensated from non-appropriated funds and to transfer said charges to the general fund. The secretary of administration and finance may promulgate rules and regulations to enforce the provisions of this subsection. Said secretary shall file monthly reports with the house and senate committees on ways and means detailing all actions taken pursuant to this section.

(i) The chancellor of higher education shall list each position which shall be made vacant by the retirement of an employee under the retirement incentive program and who shall be receiving an additional benefit in accordance with the provisions of this section and shall file such list with the joint committee on public service and the house and senate committees on ways and means on or before August thirty-first, nineteen hundred and ninety-four; provided, that for each such position, such list shall include the line-item of section two the general appropriations act and any supplemental appropriations acts for fiscal year nineteen hundred and ninety-four in which such position was funded, if any, the classification title of such position, the salary range for such title and the salary payable to the person who so retired from such position.

(j) Notwithstanding any general or special law to the contrary, institutions of higher education may refill positions made vacant due to participants in the early retirement program established by this section in accordance with an allocation plan promulgated by the higher education coordinating council in accordance with this subsection.

No position made vacant by the retirement of any employee under the retirement incentive plan shall be filled on a permanent or temporary basis and the comptroller shall not authorize the payment of any regular compensation, including paid leave, vacations, salary in lieu of vacation, payment in lieu of maintenance, holiday pay, overtime pay and salary differentials from any account unless and until such position is included on a list of critical and essential positions filed with the senate and house committees on ways and means and approved by said house committee on ways and means; provided, that not more than seventy-five percent of such faculty positions may be refilled and that not more than fifty percent of administrative and classified positions may be refilled; provided, however, that said allocation plan filed by the higher education coordinating council shall distribute refill authorizations to the university of Massachusetts, the state colleges and the community colleges in proportion to the number of retirees from said categories within said institutions; provided, that no position which was vacant prior to December first, nineteen hundred and ninety-three may be filled without further appropriation for said purpose.

(k) Notwithstanding the provisions of any general or special law or this section to the contrary, this section shall not take effect until thirty days after the state retirement board files the study mandated by subsection (e) and until the general court enacts legislation, which may be subject to amendment, in response to said study.

SECTION 138. Notwithstanding the provisions of any general or special law to the contrary, the parole board is hereby authorized and directed to file a request with the state comptroller to make payment of an award due to Pacita Bradford and Pearl Holder-Jackson, complaint numbers 86-BEM-0229 and 86-BEM-0230, respectively; provided, that said comptroller is hereby authorized and directed to make such payments from item number 1599-3384 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three.

SECTION 139. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized, if directed by the secretary of public safety with the approval of the governor, to transfer funds from items 1100-1100, 1104-1000, 8000-0000, and 8900-0002 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three to the item of appropriation listed below, in amounts not to exceed the amount specified below; provided, however, that no supplemental funding shall be made available to said items 1100-1100, 1104-1000, 8000-0000, and 8900-0002 in fiscal year nineteen hundred and ninety-four. The amounts so transferred shall be for the purposes of, and subject to the conditions established in item 8900-0004 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three.

8900-0004 $2,236,043

SECTION 140. The provisions of section forty-one of chapter seventy-one of the General Laws, or of any other general or special law, shall not be deemed to affect or impair any rights to accrued sick, personal, or vacation leave acquired by a school principal before June eighteenth, nineteen hundred and ninety-three, including, but not limited to, the total accumulation of such leave pursuant to the terms of any collective bargaining agreement executed prior to said date; provided, however, that no further benefits shall accrue after the expiration of said collective bargaining agreements unless such continued benefits are approved by mutual agreement of the principal and the employer.

SECTION 141. There shall be established a committee at the department of environmental protection to study the effects of implementing changes to 310 CMR title V that would require mandatory inspection and upgrading of on-site waste disposal, including cesspools and septic systems. This title V committee shall consist of twelve members: the commissioner of the department of environmental protection or his designee; the secretary for administration or his designee; the secretary of communities and development or his designee; a representative of the Massachusetts Housing Finance Agency; a representative of the Massachusetts Municipal Association; a representative of the Massachusetts Association of Health Boards; a representative of the Massachusetts Bankers Association; three municipal officials from towns that have only septic systems, appointed by the governor; a representative of the Massachusetts Audobon Society; and a representative of an environmental group, appointed by the governor.

Said study shall include, but not be limited to, the committee's estimated total cost to individual citizens of the commonwealth for inspection and the committee's estimated potential costs of upgrading said systems. The study shall include the committee's demographic analysis of income and housing values as they relate to estimated costs by region for inspection and upgrading said systems, and the committee's estimated financial impact on housing values. The title V committee shall meet at least monthly and compile a final report of its findings. Said report shall be submitted to the house and senate clerk, the joint committee on natural resources, and the chairmen of the house and senate committees on ways and means not later than May first, nineteen hundred and ninety-four.

The department of environmental protection shall not adopt any further changes to 310 CMR title V regulations until sixty days after said report has been filed.

SECTION 142. No further regulations shall be promulgated by the department of environmental protection relative to the state environmental code for subsurface disposal of sanitary wastes unless the state department of revenue conducts an economic impact analysis of the impact of said regulations on a loss of new developments as well as the impact of the restrictions on existing developments. Said report shall be submitted to the house and senate clerk, the joint committee on natural resources, and the chairmen of the house and senate committees on ways and means. The department of environmental protection shall not adopt any changes to 310 CMR title V regulations until sixty days after said report has been filed.

SECTION 143. Notwithstanding the provisions of section fifteen of chapter one hundred and eighteen F of the General Laws, or any general or special law to the contrary, a hospital, which on October first, nineteen hundred and ninety-three, was licensed for sixty-five or fewer beds, had no emergency room and could demonstrate gross patient service revenue attributable to Titles XVIII and XIX of the Social Security Act of at least seventy percent, shall be exempt from payment of outstanding liability to the uncompensated care pool established pursuant to said section fifteen for hospital fiscal years nineteen hundred and ninety through nineteen hundred and ninety-three inclusive; provided, that such a hospital shall not be entitled by this section to the repayment or collection of any amount previously paid toward the liability owed for said fiscal years and any amounts heretofore paid by or collected from such a hospital shall not be repaid to such hospital; and provided further, that this section shall not be construed to forgive such a hospital's gross liability to said uncompensated care pool for hospital fiscal year nineteen hundred and ninety-four or subsequent fiscal years.

SECTION 144. Section fifty-seven of this act shall apply to all claims upon which a final judgment has not entered, or as to which an appeal is pending or the appeal period has not expired, and to all claims upon which suit is filed after the effective date of this act.

SECTION 145. Except as otherwise provided, the provisions of this act shall take effect upon its passage.