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 shall 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 JUDICIARY. `tc2 Committee for Public Counsel Services. `tc1 0321-1510 `tc4 `tc6 $6,935,000 `tc1 0321-1512 `tc4 `tc6 $2,565,000 `tc1 0321-1520 `tc4 `tc6 $1,124,534 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Bureau of State Office Buildings. `tc1 1102-3302 `tc4 `tc6 $500,000 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $400,531 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tc1 4403-2100 `tc4 `tc6 $800,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of State Police. `tc1 8100-0007 `tc4 `tc6 $2,036,000 `tc2 Military Division. `tc1 8700-0001 `tc4 `tc6 $281,190 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1900 `tc4 `tc6 $421,611 `tc1 9000-1920 `tc4 `tc6 $200,265 `tc1 9000-2100 `tc4 `tc6 $31,621 `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 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 Supreme Judicial Court. `tc1 0320-0005 `tc4 For a six percent pay increase for all union exempt employees of the supreme judicial court and the Suffolk county clerk's office `tc6 $71,681 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 State Board of Retirement. `tc1 0612-0105 `tc4 For payment of benefits authorized by chapter sixty-nine of the acts of nineteen hundred and ninety-four; provided, that the state board of retirement shall develop a plan outlining the feasibility of purchasing insurance to pay future costs of such benefits; provided further, said plan shall be filed with the budget bureau, the executive office for administration and finance and the house and senate committees on ways and means no later than October fifteenth, nineteen hundred and ninety-four `tc6 $700,000 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-2038 `tc4 For the payment of deficiencies in certain appropriations for previous fiscal years, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge such payments to other items of appropriation and allocations thereof and to transfer from the amount appropriated herein to said items and allocations such amounts as are necessary to meet the cost of said charges; provided further, that said comptroller is authorized to allocate the amounts of such payment to the several state or other funds to which said payment would have been chargeable if appropriations had been available thereof; provided further, that of the amount appropriated herein, not less than one million three hundred seventy-six thousand dollars shall be obligated to pay for deficiencies incurred in prior fiscal years by the trial court system for various services, including, but not limited to, court interpreters, guardians ad litem, care and protection case investigators, so-called, and sundry other contracted legal services which would be paid from the JJ and HH subsidiaries, so-called `tc6 $6,000,000 `tc1 1599-2200 `tc4 For an emergency reserve to fund grants to counties; provided, that no grant shall be awarded from this item to any county unless and until the commissioner of revenue has made a determination of the county's inability to continue operations and make debt service payments; provided further, that no grant shall be made from this item without the prior approval of the secretary of administration and finance; provided further, that such grants shall be placed within the county treasury as directed by the secretary of administration and finance, and shall be expended in such manner as the secretary of administration and finance shall prescribe; and provided further, that the house and senate committees on ways and means shall be notified of all disbursements made from this item and the amount received by each county `tc6 $2,300,000 `tc5 Local Aid Fund 100.0% `tc1 1599-3389 `tc4 For a reserve to satisfy the commonwealth's obligations pursuant to the terms of the settlement agreement between the parties in American Trucking Associations, Inc. v. Secretary of Administration and Finance, Suffolk Superior Court No. 91-7048; provided, that all amounts donated by refund recipients to the commonwealth for trucking and highway safety programs pursuant to said agreement shall be available to the governor's highway safety bureau for expenditure on such programs, without further appropriation `tc6 $20,000,000 `tc1 1599-3740 `tc4 For a reserve to meet the cost of certain salary adjustments authorized by the collective bargaining agreement between the commonwealth and the Massachusetts nurses association (Unit 7), and to meet the cost of salary adjustments necessary to provide equal salary adjustments 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 allocations thereof for the fiscal year nineteen hundred and ninety-five such amounts as are necessary to meet the cost of said adjustments for fiscal years nineteen hundred and ninety-three and nineteen hundred and ninety-four where amounts otherwise available are insufficient for the purpose, subject to an allocation plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which the items of appropriation are charged `tc6 $11,585,038 `tc1 1599-5500 `tc4 For the payment of claims due pursuant to the provisions of section thirty-nine of chapter one hundred and thirty-one of the General Laws `tc6 $5,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Division of Medical Assistance. `tc1 4000-0814 `tc4 For the payment of final rate liabilities, so-called, to nursing home facilities for the rate years prior to nineteen hundred ninety-one only as calculated by the division of medical assistance and the rate setting commission; provided, that the division of medical assistance shall pay out all final rate settlements by December fifteenth, nineteen hundred and ninety-four and shall prioritize payments to facilities in greatest financial need; provided further, that the funds appropriated herein and in item 4000-0816 of section two of chapter sixty of the acts of nineteen hundred and ninety-four as amended by section thirty-one of this act shall be the only funds used to pay said final rate liabilities for nursing home facilities; provided further, that should a nursing home facility close, change ownership or file a petition in the United States bankruptcy court, the division may withhold or offset said final rate liability against any other liability of said facility to the extent permitted by law; provided further, that all federal reimbursement obtained as a result of the payment of said final rate liabilities shall be deposited in the General Fund in fiscal year nineteen hundred and ninety-five and shall not be considered retained revenue; and provided further, that the division of medical assistance shall provide the house and senate committees on ways and means with a list each month of the facilities which received a settlement in the prior month and the final amount of the settlement received by each facility `tc6 $36,050,000 `tc1 4000-0815 `tc4 For the payment of final rate liabilities, so-called, to acute hospitals for the rate years prior to nineteen hundred ninety-two only as calculated by the division of medical assistance and the rate setting commission; provided, that the division of medical assistance shall pay out all final rate settlements by December fifteenth, nineteen hundred and ninety-four and shall prioritize payments to hospitals in greatest financial need; provided further, that the funds appropriated herein and in item 4000-0817 of section two of chapter sixty of the acts of nineteen hundred and ninety-four as amended by section thirty-one of this act shall be the only funds used to pay said final rate liabilities for acute hospitals; provided further, that should an acute hospital close, change ownership or file a petition in the United States bankruptcy court, the division may withhold or offset said final rate liability against any other liability of said hospital to the extent permitted by law; provided further, that all federal reimbursement obtained as a result of the payment of said final rate liabilities shall be deposited in the General Fund in fiscal year nineteen hundred and ninety-five and shall not be considered retained revenue; and provided further, that the division of medical assistance shall provide the house and senate committees on ways and means with a list each month of the hospitals which received a settlement in the prior month and the final amount of the settlement received by each facility `tc6 $25,500,000 `tc2 Department of Public Welfare. `tc1 4405-2010 `tc4 For payment of prior fiscal year expenses incurred by rest home vendors pursuant to the provisions of item 4405-2000 of section two of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two `tc6 $200,000 `tc1 4405-2500 `tc4 For the payment of prior fiscal year final retroactive rate adjustments to rest home vendors for fiscal years nineteen hundred and eighty-nine through nineteen hundred and ninety-three `tc6 $1,250,000 `tc1 4408-1010 `tc4 For the payment of prior fiscal year expenses of health services provided to recipients of emergency aid to the elderly, disabled, and children; provided, that all expenditures made from this item shall be subject to the provisions of item 4408-1000 of section two of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two `tc6 $600,000 `tcol;end

SECTION 2B. To provide for certain unanticipated intragovernmental chargebacks and to meet certain requirements of law, the sum 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 the 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 sum 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 OF PUBLIC SAFETY. `tc2 Department of State Police. `tc1 8100-0002 `tc4 `tc6 $300,000 `tcol;end

SECTION 2C.I For the purpose of making available in fiscal year nineteen hundred and ninety-five the balances of appropriations which would otherwise revert on June thirtieth, nineteen hundred and ninety-four, the unexpended balances of the maintenance appropriation items listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-five. Amounts in this section shall be for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, however, that for items neither with purposes and conditions specified below nor appearing in said section two, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriations acts. Amounts in this section are re-appropriated from the fund or funds designated below for each item; provided, however, that for items for which a fund is not designated below, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that for items neither with a fund designated below nor appearing in said section two, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two or two A of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Supreme Judicial Court. `tc1 0320-0005 `tc4 `tc6 $71,681 `tc3 EXECUTIVE. `tc2 Governor's Office. `tc1 0411-1000 `tc4 `tc6 $690,000 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 Office of the Treasurer and Receiver General. `tc1 0610-5011 `tc4 `tc6 $15,000 `tc2 State Board of Retirement. `tc1 0612-0105 `tc4 `tc6 $700,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Revenue. `tc1 1233-2010 `tc4 `tc6 $3,750,000 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $400,531 `tc1 1599-3389 `tc4 `tc6 $20,000,000 `tc1 1599-3740 `tc4 `tc6 $11,585,038 `tc1 1599-5500 `tc4 `tc6 $5,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2020-0100 `tc4 `tc6 $40,000 `tc2 Department of Environmental Management. `tc1 2100-0005 `tc4 `tc6 $286,000 `tc2 Department of Environmental Protection. `tc1 2200-1202 `tc4 `tc6 $30,000 `tc2 Department of Fisheries, Wildlife, and Environmental Law Enforcement. `tc1 2300-0101 `tc4 `tc6 $29,948 `tc1 2320-0200 `tc4 `tc6 $225,000 `tc2 Metropolitan District Commission. `tc1 2440-0100 `tc4 `tc6 $451,855 `tc1 2440-4000 `tc4 `tc6 $24,188 `tc1 2440-8999 `tc4 `tc6 $65,605 `tc1 2460-1100 `tc4 `tc6 $8,500 `tc2 Department of Food and Agriculture. `tc1 2520-0107 `tc4 `tc6 $841,198 `tc1 2520-0300 `tc4 `tc6 $10,474 `tc1 2520-1200 `tc4 `tc6 $13,981 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3222-9006 `tc4 `tc6 $704,344 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Division of Medical Assistance. `tc1 4000-0814 `tc4 `tc6 $36,050,000 `tc1 4000-0815 `tc4 `tc6 $25,500,000 `tc2 Department of Public Health. `tc1 4510-0617 `tc4 `tc6 $26,000 `tc2 Department of Social Services. `tc1 4800-0016 `tc4 `tc6 $30,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7052-0004 `tc4 `tc6 $871,953 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of Public Safety. `tc1 8314-1200 `tc4 `tc6 $4,500,000 `tc1 8314-1400 `tc4 `tc6 $500,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1900 `tc4 `tc6 $502,019 `tc1 9000-1920 `tc4 `tc6 $200,265 `tc1 9000-2100 `tc4 `tc6 $31,621 `tc2 Division of Energy Resources. `tc1 9095-0005 `tc4 `tc6 $100,000 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Community Antenna Television Commission. `tc1 9215-0001 `tc4 `tc6 $60,000 `tc2 Division of Banks. `tc1 9221-1000 `tc4 `tc6 $142,000 `tc2 Division of Insurance. `tc1 9222-7800 `tc4 `tc6 $180,000 `tc2 Board of Registration in Medicine. `tc1 9230-9000 `tc4 `tc6 $267,000 `tcol;end

SECTION 2C.II For the purpose of making available in fiscal year nineteen hundred and ninety-five the balances of retained revenues, so-called, which would otherwise revert on June thirtieth, nineteen hundred and ninety-four, the unexpended balances of the retained revenue authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the fiscal year nineteen hundred and ninety-five. Amounts in this section shall be for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, however, that for items neither with purposes and conditions specified below nor appearing in said section two, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriations acts. Amounts in this section are re-authorized from the fund or funds designated below for each item; provided, however, that for items for which a fund is not designated below, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that for items neither with a fund designated below nor appearing in said section two, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section two or two A of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2001-1001 `tc4 `tc6 $20,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Office of the Secretary. `tc1 4000-0105 `tc4 `tc6 $3,000,000 `tcol;end

SECTION 2D. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-five certain balances of authorizations which would otherwise revert on June thirtieth, nineteen hundred and ninety-four, the expiration dates of the items listed below are hereby extended through June thirtieth, nineteen hundred and ninety-five. `tuc 1102-8804 1102-8812 1102-9802 2440-7849 2440-7894 4190-7881 4190-7883 4238-8871 5377-7871 5377-7872 5377-8841 5377-8842 5911-7890 9801-7880 9801-7890

SECTION 2E. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-five certain balances of authorizations which would otherwise revert on June thirtieth, nineteen hundred and ninety-four, the expiration dates of the items listed below are hereby extended through February first, nineteen hundred and ninety-five. `tuc 1102-7884 1102-7895 2121-8996 2121-8997 4312-8842 4342-8841 5011-8844 5911-7891 5911-7892 5911-7893 7070-8811 7109-7881 7109-7890 7109-7893 7110-7891 7111-7890 7111-7891 7111-7894 7113-7871 7114-7890 7114-7892 7115-7892 7220-7880 7220-7895 7220-7897 7220-7898 7410-7890 7410-7891 7410-7895 7410-7897 7410-8781 7410-8784 7410-8842 7410-8843 7410-8846 7411-7881 7411-7883 7411-7891 7411-7894 7452-7894 7490-8721 7490-8722 7490-8751 7502-7890 7502-7893 7503-7892 7504-7871 7504-7872 7504-7880 7504-7891 7504-7892 7505-7890 7505-8843 7506-7880 7506-7890 7507-7872 7507-7890 7507-7891 7507-8841 7508-7891 7509-7871 7509-7880 7509-7891 7509-8841 7510-7881 7510-7890 7510-7891 7511-8802 7511-8841 7511-8842 7512-7881 7512-7890 7512-7892 7514-7890 7516-8841 8200-7871 8200-7880 8312-7892

SECTION 3. Section 10A of chapter 3 of the General Laws, inserted by section 18 of chapter 60 of the acts of 1994, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- In special elections, called for the purposes of filling a vacancy in the general court, state funds for compensation of members pursuant to section nine of chapter three of the General Laws not expended during such period of vacancy shall not revert to the General Fund or any legislative accounts but shall be set aside in a special fund in the office of the state treasurer and made payable to the city or town in which such election was held. The city or town clerk shall certify to the state treasurer the total actual costs of holding such special election, and such city or town shall be reimbursed up to one hundred percent of the net costs thereof from said fund without further appropriation.

SECTION 4. Chapter 7 of the General Laws is hereby amended by adding the following section:-

Section 56. Payments by the commonwealth, or by any agency, authority or political subdivision thereof, pursuant to a contract with any person or entity shall not be made for the costs of any attorney, consultant or other person to advise, consult or provide any other service to such contracting person or entity relative to persuading employees thereof to support or oppose any organization of said employees or any other employee self-organization or concerted activity for mutual aid or protection. This section shall not apply to the costs of attorneys or consultants to assist in collective bargaining with a union or other employee organization recognized as said employees' bargaining agent or to administer a collective bargaining agreement.

SECTION 5. Section 61 of chapter 10 of the General Laws, as most recently amended by section 37 of chapter 60 of the acts of 1994, is hereby further amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- There shall be credited to such fund fifty percent of all monies received or collected and recovered by the commonwealth from the portion of the fee charged for each motor vehicle safety inspection pursuant to section seven of chapter ninety. Amounts credited to said fund shall be received and held in trust for the commonwealth, for the purposes of the motor vehicle safety inspection program, and shall be expended without further appropriation; provided, however, that such amounts may be expended for direct and indirect costs associated with personnel and for the purpose of administration and implementation of the provisions of section seven of said chapter ninety.

SECTION 6. Chapter 20 of the General Laws is hereby amended by adding the following section:-

Section 22. Notwithstanding the requirements of sections forty F to forty I, inclusive, of chapter seven, the department may acquire non-development covenants for terms of limited duration. The department shall adopt regulations to carry out the provisions of this section.

SECTION 7. Paragraph (5) of section 3E of chapter 23A of the General Laws, as amended by section 76 of chapter 110 of the acts of 1993, is hereby further amended by adding the following sentence:- The limitations imposed by this section shall not apply to the EACC in its designation of communities applying for designation under the federal empowerment zones and enterprise communities program, so called.

SECTION 8. Section 31E of chapter 29 of the General Laws is hereby further amended by striking out the first sentence, as amended by section 22 of chapter 151 of the acts of 1993, and inserting in place thereof the following sentence:- Notwithstanding the provisions of any general or special law to the contrary, a state employee, during working hours and at such times as are approved by his supervisor and in accordance with regulations promulgated hereunder, may, without loss of salary, provide voluntary services at a public elementary, secondary, or vocational-technical school to assist the improvement of a student's or school's educational program; provided, however, that said voluntary services do not exceed the equivalent of one work day per month.

SECTION 9. Section 53A of chapter 29 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "issue", in line 36, the following words:- ; and provided, further, that the debt service on such refunding bonds shall be charged to the various budgeted funds of the commonwealth in proportion to the principal amounts being refunded.

SECTION 10. Section 39R of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out the words ", or eleven B of chapter twenty-five A", inserted by section 59 of chapter 60 of the acts of 1994, and inserting in place thereof the following words:- , or eleven C of chapter twenty-five A.

SECTION 11. Paragraph (1) of subsection (a) of said section 39R of said chapter 30, as appearing in section 60 of said chapter 60, is hereby amended by striking out, in line 4, the word "eleven B" and inserting in place thereof the following word:- eleven C.

SECTION 12. Paragraph (2) of said subsection (a) of said section 39R, as so appearing, is hereby amended by striking out, in line 3, the word "eleven B" and inserting in place thereof the following word:- eleven C.

SECTION 13. Section 51 of chapter 111 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "hundredths", in line 40, the following words:- ; provided, however, that no such adjustment shall be made on or after October first, nineteen hundred and ninety-three, if such adjustment would result in the loss of the hospital's eligibility for an additional payment amount pursuant to section 1886 (d) (5) (F) of the Social Security Act if at any time during the prior fiscal year said hospital serves a disproportionate number of low income patients as defined in section 1886 (d) (5) (F) (v) of said Social Security Act.

SECTION 14. Subsection (e) of section 142M of said chapter 111, as appearing in section 6 of chapter 490 of the acts of 1993, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The department shall contract with a private entity for the design, construction, equipment, establishment, maintenance, and operation of emissions inspection facilities, and for related services and functions. The term of the initial contract shall not be more than nine years. The term of any subsequent re-award of the contract shall be not more than seven years. In this contract with said contractor, the department shall require all bidders to commit to selling its inspection sites and associated equipment and buildings at fair market value, if at the end of said contract term, the contractor fails to secure a re-award of a contract to perform emissions inspections.

SECTION 15. The second paragraph of section 57 of chapter 130 of the General Laws, as appearing in section 135A of chapter 60 of the acts of 1994, is hereby amended by inserting after the words "portion of", in line 2, the following word:- coastal.

SECTION 16. The second paragraph of subsection (2) of section 44A of chapter 149 of the General Laws is hereby amended by striking out the last sentence, as added by section 136 of chapter 60 of the acts of 1994, and inserting in place thereof the following sentence:- Notwithstanding the provisions of the preceding paragraph, a public agency may procure energy management services in accordance with section eleven C of chapter twenty-five A and regulations promulgated thereunder.

SECTION 17. Section 44J of said chapter 149 is hereby amended by striking out the words "of this chapter or section eleven B of chapter twenty-five A", inserted by section 137 of said chapter 60, and inserting in place thereof the following words:- of this chapter or section eleven C of chapter twenty-five A.

SECTION 18. Chapter 217 of the General Laws is hereby amended by inserting after section 29E, inserted by section 156 of said chapter 60, the following section:-

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

SECTION 19. Section 57 of chapter 218 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 152, the words "as the chief justice of the juvenile court department may determine" and inserting in place thereof the following words:- ; provided, however, that sessions of the Fitchburg division of the juvenile court may be held in the Leominster, Gardner, or Winchendon divisions of the district court department, as the chief justice of the juvenile court department may determine; and, provided further, that each session so held shall have the same jurisdiction as herein prescribed for the Fitchburg division.

SECTION 19A. Section 92 of chapter 71 of the acts of 1993 is hereby amended by striking out, in line 1, the word "thirty-eight" and inserting in place thereof the following word:- forty-one.

SECTION 20. Item 1100-1100 in section 2 of chapter 110 of the acts of 1993 is hereby amended by inserting after the word "dollars", in line 8, the following words:- ; and provided, further, that nine hundred sixteen dollars and eighteen cents may be expended from this item to satisfy an obligation for a fiscal year nineteen hundred and ninety-two step increase.

SECTION 21. Section 375 of chapter 110 of the acts of 1993 is hereby amended by striking out the words "May second, nineteen hundred and ninety-four", inserted by section 104 of chapter 495 of the acts of 1993, and inserting in place thereof the following words:- February first, nineteen hundred and ninety-five.

SECTION 22. Section three of chapter forty-eight of the acts of nineteen hundred and ninety-four is hereby repealed.

SECTION 23. Section 2 of chapter 60 of the acts of 1994 is hereby amended by striking out item 1108-5300 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1108-5350 `tc4 For the costs of the elderly governmental retired employees' premiums; provided, that the commission is hereby authorized and directed to deposit revenues collected from charges to cities, towns or districts for the group insurance premium for certain retired employees and their dependents, and the audit of said premium in the General Fund; and provided further, that notwithstanding the provisions of any general or special law to the contrary, any remaining balance associated with item 1108-5300 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three at the end of fiscal year nineteen hundred and ninety-four shall revert to the General Fund `tc6 $2,522,934 `tcol;end

SECTION 24. Item 1201-0160 in said section 2 of said chapter 60 is hereby amended by inserting after the word "funds", in line 9, the following words:- ; provided, further, that not less than four hundred thousand dollars be made available for the procurement of goods and services and the administrative costs, including the cost of personnel, associated with the enhancement or development of the child support computer network.

SECTION 25. Item 1410-0012 in said section 2 of said chapter 60 is hereby amended by striking out, in line 16, the words "sixty thousand" and inserting in place thereof the following words:- seventy-nine thousand five hundred.

SECTION 26. Said section 2 of said chapter 60 is hereby further amended by inserting after item 1599-3731 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 1599-3741 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-five costs of certain salary adjustments authorized by the collective bargaining agreement between the commonwealth and the Massachusetts nurses association (Unit 7), and to meet the cost of salary adjustments necessary to provide equal salary adjustments to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, however, 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 allocations thereof for the fiscal year nineteen hundred and ninety-five such amounts as are necessary to meet the cost of said adjustments for said fiscal year where amounts otherwise available are insufficient for the purpose, subject to an allocation plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which the items of appropriation are charged `tc6 $10,484,000 `tcol;end

SECTION 27. Item 2350-0100 in said section 2 of said chapter 60 is hereby amended by striking out, in lines 15 to 18, inclusive, the words `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc6 `tc5 "Environmental Law Enforcement Fund 65.0%, Inland Fisheries and Game Fund 15.0%, Highway Fund 10.0%, General Fund 10.0%" `tcol;end

and inserting in place thereof the following words:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc6 `tc5 Environmental Law Enforcement Fund 50.0% Inland Fisheries and Game Fund 15.0% Highway Fund 15.0% General Fund 20.0%. `tcol;end

SECTION 28. Item 2511-4000 in said chapter 60 is hereby amended by striking out the figure "1,016,893" and inserting the following figure:- 1,116,893.

SECTION 29. Item 2520-1000 in said section 2 of said chapter 60 is hereby amended by striking out the figure "581,597" and inserting in place thereof the following figure:- 593,597.

SECTION 30. Item 2520-1400 in said section 2 of said chapter 60 is hereby amended by striking out the figure "564,449" and inserting in place thereof the following figure:- 574,015.

SECTION 31. Said section 2 of said chapter 60 is hereby further amended by inserting after item 4000-0813 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 4000-0816 `tc4 For the payment of final rate liabilities, so-called, to nursing home facilities for the rate years prior to nineteen hundred ninety-one only as calculated by the division of medical assistance and the rate setting commission; provided, that the division of medical assistance shall pay out all final rate settlements by December fifteenth, nineteen hundred and ninety-four and shall prioritize payments to facilities in greatest financial need; provided further, that the funds appropriated herein and in item 4000-0814 of the final supplemental appropriations act for fiscal year nineteen hundred and ninety-four shall be the only funds used to pay said final rate liabilities for nursing home facilities; provided further, that should a nursing home facility close, change ownership or file a petition in the United States bankruptcy court, the division may withhold or offset said final rate liability against any other liability of said facility to the extent permitted by law; provided further, that all federal reimbursement obtained as a result of the payment of said final rate liabilities shall be deposited in the General Fund in fiscal year nineteen hundred and ninety-five and shall not be considered retained revenue; and provided further, that the division of medical assistance shall provide the house and senate committees on ways and means with a list each month of the facilities which received a settlement in the prior month and the final amount of the settlement received by each facility `tc6 $36,050,000 `tc1 4000-0817 `tc4 For the payment of final rate liabilities, so-called, to acute hospitals for the rate years prior to nineteen hundred ninety-two only as calculated by the division of medical assistance and the rate setting commission; provided, that the division of medical assistance shall pay out all final rate settlements by December fifteenth, nineteen hundred and ninety-four and shall prioritize payments to hospitals in greatest financial need; provided further, that the funds appropriated herein and in item 4000-0815 of the final supplemental appropriations act for fiscal year nineteen hundred and ninety-four shall be the only funds used to pay said final rate liabilities for acute hospitals; provided further, that should an acute hospital close, change ownership or file a petition in the United States bankruptcy court, the division may withhold or offset said final rate liability against any other liability of said hospital to the extent permitted by law; provided further, that all federal reimbursement obtained as a result of the payment of said final rate liabilities shall be deposited in the General Fund in fiscal year nineteen hundred and ninety-five and shall not be considered retained revenue; and provided further, that the division of medical assistance shall provide the house and senate committees on ways and means with a list each month of the hospitals which received a settlement in the prior month and the final amount of the settlement received by each facility `tc6 $25,500,000 `tcol;end

SECTION 32. Said section 2 of said chapter 60 is hereby further amended by striking out item 4000-0830 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 4000-0830 `tc4 For the intergovernmental transfer component of the medicaid payments 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 four 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 December first, nineteen hundred and ninety-four, to the house and senate committees on ways and means, a report detailing the programs funded from this item `tc6 $9,000,000 `tcol;end

SECTION 33. Item 4401-1000 in section 2 of chapter 60 of the acts of 1994 is hereby amended by inserting after the word "children", in line 28, the following words:- provided further, that one hundred thousand dollars shall be expended for the purposes of MassJOBS refugee training and employment for the recipients of said program in Boston;.

SECTION 34. Item 4403-2000 in said section 2 of said chapter 60 is hereby amended by inserting after the word "only", in line 24, the following words:- ; provided, further, that if federal reimbursement for said voucher is not available on or before September thirtieth, nineteen hundred and ninety-four, the allowance shall be provided as a direct cash payment, subject to federal reimbursement; provided further, that the department shall continue to seek a federal waiver to provide said allowance in the form of a voucher.

SECTION 35. Item 4406-3000 in said section 2 of said chapter 60 is hereby amended by inserting after the word "indigent", in line 4, the following words:- ; provided, however, that shelter providers which are not specified herein shall be granted a ten percent rate increase to the extent the amount herein appropriated permits.

SECTION 36. Said item 4406-3000 in said section 2 of said chapter 60 is hereby further amended by striking out, in line 21, the word "Leominster" and inserting in place thereof the following word:- Fitchburg.

SECTION 37. Item 5920-2000 in said section 2 of said chapter 60 is hereby amended by inserting after the word "transfer", in line 15, the following words:- ; and provided, further, that not less than one million dollars shall be obligated to fund the placement of blind and/or retarded residents into community based settings pursuant to the federal district court order in Ricci v. Okin.

SECTION 38. Item 6010-1018 in said section 2 of said chapter 60 is hereby amended by adding the following paragraph:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc6 `tc5 Highway Fund 100.0%. `tcol;end

SECTION 39. Item 7070-0065 in said section 2 of said chapter 60 is hereby amended by striking out the figure "63,60,665" and inserting in place thereof the following figure:- 63,650,665.

SECTION 40. Item 7100-0200 in said section 2 of said chapter 60 is hereby amended by striking out the figure "313,113,278" and inserting in place thereof the following figure:- 312,968,278.

SECTION 41. Said section 2 of said chapter 60 is hereby further amended by inserting after item 7100-0220 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 7100-0225 `tc4 For the health and welfare pool expenses for eligible employees of the university of Massachusetts at Worcester `tc6 $145,000 `tcol;end

SECTION 42. Item 7504-0101 in said section 2 of said chapter 60 is hereby amended by inserting after the words "Reservation", in line 7, the following words:- , or at any other site on Cape Cod to be determined by the Cape Cod community college,.

SECTION 43. Item 7511-0100 in said section 2 of said chapter 60 is hereby amended by striking out, in lines 4 to 6, inclusive, the words "for the associated expenses of maintaining the Massachusetts bay transportation authority parking garage" and inserting in place thereof the following words:- and paid to the Massachusetts Bay Transportation Authority for associated improvements to the thirteen thousand seven hundred square feet of retail space at the Lynn commuter rail garage that will be used by North Shore community college.

SECTION 44. Section 8 of said chapter 60 is hereby amended by striking out, in line 4, the word "ninety-four" and inserting in place thereof the following word:- ninety-five.

SECTION 45. Section 133 of said chapter 60 is hereby amended by striking out, in line 1, the words "sections one hundred and thirty-one and" and inserting in place thereof the following word:- section.

SECTION 46. Section 264 of said chapter 60 is hereby amended by striking out, in line 19, the word "ninety-four" and inserting in place thereof the following word:- ninety-five.

SECTION 47. Said chapter 60 is hereby further amended by inserting after section 311 the following two sections:-

Section 311A. Sections ninety-one, ninety-two and ninety-three shall take effect on July first, nineteen hundred and ninety-five.

Section 311B. Sections ninety-seven, ninety-eight and one hundred shall take effect on June thirtieth, nineteen hundred and ninety-five.

SECTION 48. The provisions of paragraphs (a) and (i) of section thirty-one A of chapter sixty-three of the General Laws, added by sections eighty-three and eighty-four of chapter sixty of the acts of nineteen hundred and ninety-three shall apply to qualifying property leased and placed in service on or after July first, nineteen hundred and ninety-four.

SECTION 49. The division of medical assistance is hereby authorized and directed to collect final rate liabilities owed by hospitals for the rate years prior to nineteen hundred and ninety-two and by nursing homes for the rate years prior to nineteen hundred and ninety-one as calculated by the rate setting commission. The division shall maximize collections in fiscal year nineteen hundred and ninety-five and shall submit a plan in cooperation with the executive office for administration and finance to the house and senate committees on ways and means. Said plan shall be submitted by October fifteenth, nineteen hundred and ninety-four, shall project collections by month and shall indicate collection totals net of the federal share of said collections. The comptroller and the division shall track these collection revenues separately as General Fund revenue on the Massachusetts management accounting and reporting system, so-called. No revenues attributable to hospital or nursing home final rate collections shall be deposited as retained revenue in item 4000-0320 in section two of chapter sixty of the acts of nineteen hundred and ninety-four and all such revenue shall be deposited in the General Fund. Any collections from hospitals that were made in fiscal year nineteen hundred and ninety-four shall be deposited in the General Fund as provided in this section in fiscal year nineteen hundred and ninety-five.

SECTION 50. The special commission established by section one hundred and eleven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine and continued by chapter four of the resolves of nineteen hundred and ninety and chapter three of the acts of nineteen hundred and ninety-two, is hereby revived and continued. Said commission may report to the general court from time to time the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry said recommendations into effect, by filing the same with the clerk of the senate or the clerk of the house of representatives on or before the last Wednesday in December, nineteen hundred and ninety-five.

SECTION 51. The governor's domestic violence policy commission transition subcommittee shall evaluate research regarding the effectiveness of existing programs and their ability to meet required standards, and gaps and services to special needs populations such as cultural and linguistic minorities, mentally ill and substance abusing battered women, as well as teens in violent relationships and develop program recommendations to address these needs. Such evaluations shall be provided to the house and senate committees on ways and means not later than October first, nineteen hundred and ninety-four.

SECTION 52. The office of the chief justice of administration and management is hereby authorized and directed to conduct a study of the need and feasibility of constructing a new district court facility in the city of Brockton for the Brockton division of the district court department. Said study shall be submitted to the house and senate committees on ways and means on or before December thirtieth, nineteen hundred and ninety-four.

SECTION 53. The university of Massachusetts medical center shall make a full payment within fiscal year nineteen hundred and ninety-five to the division of medical assistance for the net liability owed by said hospital for the upper limit settlement, so-called, for the rate years nineteen hundred and eighty-eight to nineteen hundred and ninety-one. The payment shall be the net liability as stated in the settlement agreement to be filed in said hospital's appeal before the division of administrative law appeals.

SECTION 54. The secretary of economic affairs is hereby authorized and directed to conduct a feasibility study on the re-use of vacant industrial buildings in the town of Hopedale. Said study shall be filed with the house committee on ways and means on or before February twenty-fourth, nineteen hundred and ninety-five.

SECTION 55. The comptroller is hereby authorized and directed to promulgate rules and regulations to ensure that, effective July first, nineteen hundred and ninety-four, state agencies are informed that no payment of prior year deficiencies, so-called, will be made until such time as such comptroller has certified to the house committee on ways and means that sufficient funds, excluding interest costs, were available and did revert in the prior fiscal year in which said deficiency occurred.

SECTION 56. Notwithstanding the provisions of any general or special law to the contrary, sixty thousand dollars of the unexpended balance from item 2260-8870 in section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three shall be transferred into item 2260-8880 in section two of chapter sixty of the acts of nineteen hundred and ninety-four and made available, in addition to any funds provided in said item 2260-8880, for expenditure in the fiscal year ending June thirtieth, nineteen hundred and ninety-five.

SECTION 57. Notwithstanding any general or special law to the contrary, the academy for math and sciences at Worcester Polytechnic Institute shall certify to the state treasurer the number of students attending the academy, the city or town of residence of each such child, the amount of tuition owed pursuant to section eighty-nine of chapter seventy-one of the General Laws, and unpaid to the academy based on full or partial attendance, itemized by the amount attributable to each city or town of residence; provided, that the state treasurer shall deduct said itemized amounts from the distributions to be made to each city or town from item 7061-0008 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; and provided further, that the amounts so deducted shall be credited to item 7005-0003 in said section two. The secretary of education is authorized to execute an addendum to the contract with the academy for the payment of the sums deposited in said item 7005-0003.

SECTION 58. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized to transfer from the following items such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and ninety-four, to those of the following items which would otherwise have insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-four; provided, however, that each amount transferred shall be charged to such funds as specified in the item to which said amount is transferred: 0699-0090, 0699-0100, 0699-1901, 0699-1902, 0699-1903, 0699-3901, 0699-3902, 0699-3903, 0699-6800, 0699-6801, 0699-6900, 0699-8300, 0699-8301, 0699-8302, 0699-9100, 0699-9200.

SECTION 59. Notwithstanding any general or special law to the contrary, the commissioner of the department of environmental protection shall not promulgate any amendments to Title V of the Environmental Code until a version of such proposal shall have been produced and until the lapse of sixty days from the release thereof, in which to obtain public comment thereon, and in no case shall such sixty day period commence to run prior to December first, nineteen hundred and ninety-four.

SECTION 60. Notwithstanding the provisions of any general or special law to the contrary, the allocation of debt service charges provided for in section fifty-three A of chapter twenty-nine of the General Laws, as amended by section nine of this act, shall apply to refunding bonds issued on or after July first, nineteen hundred and ninety-one.

SECTION 61. Notwithstanding the provisions of any general or special law to the contrary, the amount re-appropriated in item 7052-0004 of section two C.I of this act shall be made available in fiscal year nineteen hundred and ninety-five to the town of Newbury for a certain school building project originally authorized to receive its first annual payment in fiscal year nineteen hundred and ninety-four.

SECTION 62. Notwithstanding the provisions of any general or special law to the contrary, the amount re-appropriated in item 4800-0016 of section two C.I of this act shall be expended by Big Brothers and Big Sisters of Cape Cod and the Islands in fiscal year nineteen hundred and ninety-five for one-time costs and shall not increase base funding for said vendor in fiscal year nineteen hundred and ninety-six.

SECTION 63. Notwithstanding any general or special law to the contrary, the commissioner of the department of environmental protection shall be required to approve alternative sanitation technology, which can be effectuated by a minimum of four alternative on-site sewerage treatment systems for single family residences, listed in writing for general use, which are likely to provide a level of environmental protection equivalent to that which is suitable to the public health and safety, at least equivalent to that of a municipal sewer and are comparable in cost to current sanitation system installations.

SECTION 64. Notwithstanding the provisions of any general or special law to the contrary, the secretary of state is hereby authorized and directed to increase the current annual fee of forty dollars to Massachusetts registered agents of broker-dealers to fifty dollars. All monies received by the secretary of state as said fee shall be deposited into the General Fund.

SECTION 65. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the commissioner of the department of environmental protection is hereby authorized to approve the payment of grant awards to grantees authorized by section nine H of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three. Said commissioner shall examine all grantees who are ranked under thirty-one on a list compiled by the said department, known as the fundable priority list, and shall determine that such grantees have otherwise complied with all reasonable regulation, and are eligible for such payments.

SECTION 66. Notwithstanding the provisions of sections three or eight of chapter thirty-two of the General Laws or any other general or special law to the contrary, any retired member who has retired under the provisions of section seven of said chapter thirty-two who has been continuously employed by the commonwealth or one of its political subdivisions for at least ten years after such retirement shall be deemed, upon his election, restored to active service; provided, however, that after being restored to active service said retired member's retirement allowance, if any, shall cease, and he shall again become a member in service and regular deductions shall again be made from his regular compensation. Any creditable service in effect for him at the time of his retirement for disability shall thereupon be restored to full force and effect, and upon subsequent retirement he shall be entitled to a normal yearly amount of retirement allowance computed as though such disability retirement and reinstatement had not taken place. No additional member contributions shall be required as a precondition of receiving any such creditable service.

SECTION 67. Notwithstanding any general or special law or regulation to the contrary, a nursing home (i) with a rate of public utilization, consisting of medicare, medicaid and commission for the blind patients, of ninety percent or more, (ii) located in the service area of a federally designated sole community hospital, and (iii) with more than ten percent of its variable costs and nursing costs disallowed by the rate setting commission pursuant to 114.2 CMR 5.00 or any successor regulation, shall have all of its variable costs and nursing costs recognized by the said commission and its medicaid rate of payment adjusted accordingly. Said rate adjustment shall be made to the maximum extent such adjustment remains eligible for federal financial participation. Said commission shall adjust the prospective rates for any such nursing home that meet the aforementioned criteria for the rates that were effective January first, nineteen hundred and ninety-four and for each succeeding rate year that such nursing homes comply with the aforementioned criteria. The amount of variable costs and nursing costs recognized as allowable by the commission for any rate for a nursing home shall be limited to an amount that will not increase costs to the medical assistance program in an amount greater than three hundred thousand dollars. The division of medical assistance is hereby authorized and directed to seek approval of medicaid state plan revisions that meet the requirements of this section.

SECTION 68. Notwithstanding any general or special law or regulation to the contrary, any nursing home transferred to a new owner in nineteen hundred and ninety-two shall be entitled to elect to have the costs reported by the prior owner for calendar year nineteen hundred and ninety-one as base year costs for the determination of prospective rates established by the rate setting commission under 114.2 CMR 5.00 for rates in effect in nineteen hundred and ninety-four, and to use said base year costs for any subsequent rate year for which said commission uses nineteen hundred and ninety-two as a base year. Said commission shall trend said costs forward for inflation using a cost adjustment factor of nine and fifty-seven hundredths percent. Said commission shall determine allowable nursing per diem rates by utilizing management minutes by patient by month for all months of the base year. To be eligible to make such an election, any such nursing home transferred in nineteen hundred and ninety-two shall further demonstrate (i) a nineteen hundred and ninety-two public occupancy rate, including medicaid, medicare and commission for the blind patients, in excess of ninety percent; (ii) a nineteen hundred and ninety-two occupancy rate in excess of ninety-seven percent; (iii) a location within the catchment area of a municipal acute care hospital; and (iv) financing with a section 504 loan, so-called, from the United States small business administration. Any such nursing home shall remain entitled to receive any other administrative adjustments for relief set forth in said regulation for which it meets the applicable requirements of the regulation. The commission shall not allow any adjustments which are not reimbursable by the federal government. The division of medical assistance shall seek such federal reimbursements financial participation and make adjustments to the medicaid state plan as necessary to meet the purposes of this section.

SECTION 69. Notwithstanding any general or special law to the contrary, the Massachusetts state lottery commission is hereby restricted to developing lottery games, including instant games, exclusively for the purpose of attaining lottery revenues for the Local Aid Fund and the Massachusetts cultural council. Nothing in this section shall be construed to alter or amend the provisions of section two C> of chapter twenty-nine of the General Laws or the distribution of state financial assistance to cities and towns thereunder.

SECTION 70. Notwithstanding the provisions of any general or special law to the contrary, not less than fifty thousand dollars of the amount re-appropriated in item 9000-1900 of section two C.I of this act shall be expended for the Massachusetts sports partnership, so-called, during fiscal year nineteen hundred and ninety-five.

SECTION 71. Notwithstanding the provisions of any general or special law to the contrary, any net balance remaining in the Thoroughbred and Standardbred and Greyhound Dog Lottery Fund on June thirtieth, nineteen hundred and ninety-four, after deductions made pursuant to subparagraph 5(b)(1) and (b)(2) of section seven of chapter one hundred twenty-eight C of the General Laws, shall be transferred to the Local Aid Fund; provided, that the comptroller is hereby authorized to conduct such other final accounting of the Thoroughbred and Standardbred and Greyhound Dog Lottery Fund as may be necessary, including deductions for such other expenses relating to the previous generation of monies for the Fund as the comptroller determines are reasonable. The determination of the comptroller shall be reviewed and approved by the secretary of administration and finance whose approval shall be final. The comptroller shall submit such final accounting determination to the secretary for approval. If said secretary disapproves of the comptroller's determination, the secretary shall submit to the comptroller the reasons for the disapproval. Said comptroller shall then submit a revised final accounting determination with due consideration to the secretary's reasoning. This section shall not create a right by any person or entity with respect to either the occurrence or the amount of any such deductions.

SECTION 72. The definition of "contribution" in section one of chapter fifty-five of the General Laws, as amended by section eleven of chapter forty-three of the acts of nineteen hundred and ninety-four shall take effect on July first, nineteen hundred and ninety-four.

SECTION 73. The provisions of section forty-seven O and forty-seven P of chapter one hundred and seventy-five of the General Laws as added by section one hundred and forty-two of chapter sixty of the acts of nineteen hundred and ninety-four, and the provisions of section eight O of chapter one hundred and seventy-six A of the General Laws as added by section one hundred and forty-four of said chapter sixty, and the provisions of section four P of chapter one hundred and seventy-six B of the General Laws as added by section one hundred and forty-six of said chapter sixty, and the provisions of section four G of chapter one hundred and seventy-six G of the General Laws as added by section one hundred and forty-nine of said chapter sixty shall take effect as of October first, nineteen hundred and ninety-four.

SECTION 74. Sections two, two A, two B, two C, two C.I, two C.II, two D, two E, twenty and twenty-one shall take effect as of June thirtieth, nineteen hundred and ninety-four.

SECTION 75. Sections three, twenty-three to forty-seven, inclusive, sections forty-nine to fifty-three, inclusive, sections fifty-five, fifty-six, fifty-nine, sixty-one, sixty-two, sixty-four, sixty-six and seventy shall take effect as of July first, nineteen hundred and ninety-four.

SECTION 76. The remaining provisions of this act shall take effect upon its passage.