Session Laws

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

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriations acts for fiscal year nineteen hundred and ninety-five, the sums set forth in section two are hereby appropriated for the several purposes and subject to the conditions specified in said appropriations acts, and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June thirtieth, nineteen hundred and ninety-five. 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 Supreme Judicial Court. `tc1 0321-0001 `tc4 `tc6 $1,500 `tc2 Committee for Public Counsel Services. `tc1 0321-1510 `tc4 `tc6 $1,990,349 `tc1 0321-1512 `tc4 `tc6 $2,119,687 `tc1 0321-1520 `tc4 `tc6 $1,395,354 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Personnel Administration. `tc1 1108-1000 `tc4 `tc6 $75,000 `tc2 Appellate Tax Board. `tc1 1310-1000 `tc4 `tc6 $120,000 `tc2 Department of Veterans' Services. `tc1 1410-0010 `tc4 `tc6 $35,000 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $680,462 `tc1 1599-3384 `tc4 `tc6 $3,000,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2100-3010 `tc4 `tc6 $37,550 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Health. `tc1 4513-1000 `tc4 `tc6 $624,538 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Office of the Secretary. `tc1 7005-0005 `tc4 `tc6 $28,404 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Secretary. `tc1 8000-0040 `tc4 `tc6 $1,160,093 `tc2 Department of Public Safety. `tc1 8311-1000 `tc4 `tc6 $15,083 `tc2 Division of Inspection. `tc1 8315-1000 `tc4 `tc6 $32,204 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1900 `tc4 `tc6 $716,276 `tc1 9000-1920 `tc4 `tc6 $340,231 `tc1 9000-2100 `tc4 `tc6 $53,721 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Department of Public Utilities. `tc1 9275-0600 `tc4 `tc6 $75,000 `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 the general appropriation act or other appropriations acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-five. 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 JUDICIARY. `tc2 Trial Court. `tc1 0336-0401 `tc4 For the personnel and expenses of the expansion of the Southeastern housing court in the city of Brockton; provided, that not more than ninety-two thousand, six hundred and forty-five dollars shall be expended for a head procedure clerk, a housing specialist and two procedure clerks `tc6 $92,645 `tc5 Local Aid Fund 90.0% General Fund 10.0% `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Personnel Administration. `tc1 1108-1215 `tc4 The department of personnel administration is hereby authorized to expend revenues up to a maximum of thirty thousand dollars from fees charged as provided herein, for the costs of goods and services rendered in administering training programs, including the cost of training unit staff under the direction of the human resource division of the department of personnel administration; provided, that the department is authorized to collect an administrative fee from vendors at the time they submit proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services; provided further, that any vendor which fails to deliver the appropriate administrative fee with its submission shall be deemed nonresponsive and its proposal shall not be considered for contract award; provided further, that the department shall charge any costs incurred in training participants enrolled in programs sponsored by the department; and provided further, that the department is authorized to collect from participating non-state agencies, political subdivisions, and individuals a fee sufficient to cover costs of the commonwealth's performance recognition programs and expend such fees for goods and services rendered in the administration of these programs `tc6 $30,000 `tc2 Reserves. `tc1 1599-2039 `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 therefor; provided further, that ninety-three thousand five hundred and eight dollars shall be paid to Catuogno Court Reporting Services for payment of outstanding bills if the comptroller and the chief justice for administration and management of the trial court certify that said bills comply with all provisions of law regulating the disbursement of public funds; provided further, that the provisions of section fifty-five of chapter one hundred and twenty-six of the acts of nineteen hundred and ninety-four and section fifty-nine of chapter thirty-nine of the acts of nineteen hundred and ninety-five shall not apply to payments authorized herein; provided further, that the chief executive officer for each agency whose prior year deficiency, so-called, is paid from this item shall submit to the house and senate committees on ways and means a description of each such deficiency, an explanation for how each such deficiency was incurred, why sufficient funds were not encumbered to pay said deficiency at the time the deficiency was incurred and the actions taken by the agency to prevent the recurrence of such deficiencies in the current or subsequent fiscal years; provided further, that the state auditor shall make an audit of the internal financial reporting and control structure of each of the state agencies which have applied for payments to be made from this item and shall make such recommendations as may be appropriate so as to prevent future need for such payments; and provided further, that said audit shall be filed with the comptroller, the state budget director, the secretary of administration and finance, and the house committee on ways and means no later than November first, nineteen hundred and ninety-five `tc6 $2,797,327 `tc1 1599-3752 `tc4 For a reserve to meet the cost of salary adjustments in fiscal years nineteen hundred and ninety-three to nineteen hundred and ninety-five, inclusive, authorized by the collective bargaining agreement between the commonwealth and the Coalition of Public Safety (Unit 5), and to meet the cost of salary adjustments in fiscal years nineteen hundred and ninety-three to nineteen hundred and ninety-five, inclusive, 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 fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments for fiscal years nineteen hundred and ninety-three through nineteen hundred and ninety-five where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer 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 such items of appropriation are charged `tc6 $4,228,000 `tc1 1599-3753 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-six cost of salary adjustments authorized by the collective bargaining agreement between the commonwealth and the Coalition of Public Safety (Unit 5), and the cost of fiscal year nineteen hundred and ninety-six 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 fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer 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 such items of appropriation are charged `tc6 $2,646,000 `tc1 1599-6500 `tc4 For the costs of relocating the registry of motor vehicles and the merit rating board to temporary space pending repairs to the space occupied by said agencies in the building located in the vicinity of Ruggles Station, including the costs of storage, moving, and necessary renovations to the state office building located at one hundred Nashua Street in the city of Boston; provided, that the registrar of motor vehicles shall take all available actions to obtain full compensation, reimbursement, and damages from the owners of the building formerly rented to and occupied by the registry of motor vehicles and the merit rating board in the vicinity of Ruggles station, for any breach of the lease or of any other duty owed to said agencies, including, but not limited to, if deemed necessary or appropriate, requesting the attorney general to commence litigation to obtain such compensation, reimbursement, and damages; provided further, that the secretary of administration and finance shall submit quarterly spending plans to the house and senate committees on ways and means which detail all expenditures made from this item; and provided further, that the costs of personnel shall not be charged to this item `tc6 $10,000,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Metropolitan District Commission. `tc1 2440-1210 `tc4 Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized to purchase property on Peddock's Island utilizing an appraisal and valuation report relative to said property prepared for the commission, said purchases to include, but not be limited to, the cottages and associated items `tc6 $50,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `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 $1,000,000 `tc1 4000-0821 `tc4 For the payment of final rate liabilities owed to nursing facilities for the rate years prior to rate year nineteen hundred ninety-one due to rate adjustments determined by the division and the rate setting commission on or after May first nineteen hundred ninety-five; provided, that before making payment to any facility the division shall file with the house and senate committees on ways and means the final amount owed to such facility; and provided further, that any funds not expended on such rate settlements shall revert to the General Fund `tc6 $2,000,000 `tc1 4000-0822 `tc4 For the payment of final rate liabilities to nursing facilities which participated in the prospective rate pilot program, so-called, for rate years nineteen hundred eighty-eight through nineteen hundred ninety-one; provided, that before making payment to any facility the division shall file with the house and senate committees on ways and means the final amount owed to such facility; provided further, that the Sacred Heart Nursing Home in the city of New Bedford shall receive a payment from this item for rate years prior to nineteen hundred and ninety-two; provided further, that said payment shall not exceed the final Medicaid prospective case mix rates, so-called, promulgated for said nursing home by the rate setting commission on June fifteenth, nineteen hundred and ninety-two and the amount owed to said nursing home pursuant to said rates as calculated by the division of medical assistance; and provided further, that any funds not expended on such rate settlements shall revert to the General Fund `tc6 $2,500,000 `tc1 4000-0823 `tc4 For the payment of rate settlements owed to nursing facilities and other municipal health care facilities for rate years nineteen hundred ninety-one to nineteen hundred ninety-four; provided, that not less than ninety-four thousand one hundred and sixty-nine dollars and twenty-eight cents be paid to Birch Manor Nursing Home; provided further, that payments made from this item shall be for a rate approved and adopted by the rate setting commission and the division of medical assistance; provided further, that not less than nine hundred thousand dollars, as certified by the rate setting commission and the division and subject to any pending appeals, shall be expended from this item for such payments to the Fall River Nursing Home for rate years nineteen hundred and ninety-one, nineteen hundred and ninety-two, and nineteen hundred and ninety-three; provided further, that the geriatric authority of Holyoke shall receive a payment from this item for allowable pension costs; provided further, that subject to any pending appeals, not more than five hundred and forty-one thousand dollars, as certified by the rate setting commission and the division of medical assistance, shall be expended from this item for such rate adjustments; provided further, that before making payment to any facility the division shall file with the house and senate committees on ways and means the final amount owed to such facility; and provided further, that any funds not expended on such rate settlements shall revert to the General Fund `tc6 $5,400,000 `tc2 Department of Transitional Assistance. `tc1 4405-2010 `tc4 For the payment of prior fiscal year expenses incurred by rest home vendors pursuant to the provisions of item 4405-2000 of section two of chapter one hundred and ten of the acts of nineteen hundred and ninety-three `tc6 $200,000 `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 ten of the acts of nineteen hundred and ninety-three `tc6 $1,200,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Massachusetts Emergency Management Agency. `tc1 8800-0032 `tc4 For grants and reimbursements to cities and towns for assistance as a result of the Presidential Declaration of Emergencies, occasioned by the natural disaster of Hurricane Bob, August nineteenth, nineteen hundred and ninety-one, and the October thirtieth, nineteen hundred and ninety-one "No Name Storm", provided, that such assistance shall be twelve and one-half percent of the total assistance determined as eligible by the federal emergency management agency, as documented in "Damage Survey Reports", according to a schedule of disbursements and prepared by the Massachusetts emergency management agency, and shall include but not be limited to debris removal, protective measures, repairs, construction, reconstruction, and other allowable activities, including administrative, authorized by said federal emergency management agency `tc6 $447,458 `tc5 Local Aid Fund 100.0% `tc1 8800-0050 `tc4 For grants and reimbursements to cities and towns for assistance as a result of the Presidential Declaration of Emergencies, occasioned by the natural disaster of the "December blizzard" of December eleventh, twelfth, and thirteenth, nineteen hundred and ninety-two, and the "March blizzard" of March twelfth, nineteen hundred and ninety-three; provided, that said assistance shall be twelve and one-half percent of the total assistance determined eligible by the federal emergency management agency, as documented in "Damage Survey Reports", according to a schedule of disbursements and prepared by the Massachusetts emergency management agency, and shall include but not be limited to debris removal, protective measures, repairs, construction, reconstruction, and other allowable activities, including administrative, authorized by said federal emergency management agency `tc6 $264,469 `tc5 Local Aid Fund 100.0% `tc1 8800-0051 `tc4 For the purpose of providing emergency disaster relief to the towns of Egremont, Great Barrington, Monterey for the costs relating to the damage caused by the tornado which struck the Berkshires on May twenty-ninth, nineteen hundred and ninety-five including, but not limited to, the extraordinary costs and expenses associated with the necessary cleanup and disposal of debris and to alleviate the danger and emergency posed by damaged and downed trees and limbs along public streets and ways and for the costs and expenses associated with bank erosion, debris removal and damage to local waterways; provided, that said disaster relief shall be available to said towns for both the costs already incurred and those required to be incurred as certified by the Massachusetts emergency management agency; provided further, said assistance shall be in the amount of one hundred percent of the total damage as certified by said Massachusetts emergency management agency as part of the state of emergency declared for May twenty-ninth, nineteen hundred and ninety-five; provided further, that ninety-eight thousand fifteen dollars shall be obligated to reimburse the town of Greenfield for costs associated with the damage caused by the microburst storm, so-called, including costs associated with payment of hired work crews and emergency teams, which occurred in July, nineteen hundred and ninety-four; provided further, that reimbursements may be made from this item to those state agencies which incurred costs directly associated with the disaster relief efforts referenced herein subject to an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $1,000,000 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Division of Standards. `tc1 9218-0102 `tc4 For the purchase and acquisition by the division of a mobile service station testing unit and a large and small capacity propane testing unit and associated equipment necessary for the operation of said testing units; provided, that the amount appropriated herein shall not be used for any other purposes; provided further, that the secretary of administration and finance is hereby authorized and directed to establish fees for such testing services at a level sufficient to recover the cost of the amount appropriated herein within twenty-four months of said purchase and acquisition `tc6 $100,000 `tc3 LEGISLATURE. `tc2 Joint Legislative Expenses. `tc1 9749-0400 `tc4 For the expenses of an evaluation and the preparation of a report on the costs, assumptions, estimates and projections of the Section 1115 Medicaid waiver, so-called, as developed by the division of medical assistance and approved by the health care finance administration for the expansion of Medicaid eligibility and related health care reforms; provided, that the scope of said evaluation and report shall be subject to the direction of the chairpersons of the joint committees on health care and insurance; and provided further, that the services of an outside contractor may be retained for the purposes of this item `tc6 $125,000 `tcol;end

NO SECTION 2B.

SECTION 2C. I. For the purpose of making available in fiscal year nineteen hundred and ninety-six the balances of appropriations which would otherwise revert on June thirtieth, nineteen hundred and ninety-five, 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-six. 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 thirty-eight of the acts of nineteen hundred and ninety-five; 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 thirty-eight of the acts of nineteen hundred and ninety-five; 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. The sums re-appropriated herein 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 JUDICIARY. `tc2 Trial Court. `tc1 0330-3001 `tc4 `tc6 $78,806 `tc1 0336-0401 `tc4 `tc6 $92,645 `tc3 DISTRICT ATTORNEYS. `tc2 Suffolk District Attorney. `tc1 0340-0102 `tc4 `tc6 $46,747 `tc3 EXECUTIVE. `tc2 Executive. `tc1 0411-1000 `tc4 `tc6 $725,000 `tc3 SECRETARY OF STATE. `tc2 Secretary of State. `tc1 0511-0000 `tc4 `tc6 $34,988 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 State Board of Retirement. `tc1 0612-0105 `tc4 `tc6 $100,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Fiscal Affairs Division. `tc1 1101-2100 `tc4 `tc6 $87,000 `tc2 Department of Personnel Administration. `tc1 1108-1000 `tc4 `tc6 $75,000 `tc2 Department of Revenue. `tc1 1233-2010 `tc4 `tc6 $3,499,466 `tc2 Appellate Tax Board. `tc1 1310-1000 `tc4 `tc6 $120,000 `tc2 Department of Veterans' Services. `tc1 1410-0010 `tc4 `tc6 $41,879 `tc1 1410-0012 `tc4 `tc6 $37,895 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $680,462 `tc1 1599-3384 `tc4 `tc6 $3,000,000 `tc1 1599-3742 `tc4 `tc6 $633,552 `tc1 1599-3750 `tc4 `tc6 $13,705,000 `tc1 1599-3752 `tc4 `tc6 $4,228,000 `tc1 1599-3753 `tc4 `tc6 $2,646,000 `tc1 1599-6500 `tc4 `tc6 $10,000,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2100-0005 `tc4 `tc6 $348,909 `tc1 2100-2030 `tc4 `tc6 $100,000 `tc1 2100-3020 `tc4 `tc6 $42,687 `tc2 Department of Environmental Protection. `tc1 2200-1202 `tc4 `tc6 $15,475 `tc1 2260-8871 `tc4 `tc6 $40,000 `tc2 Department of Fisheries, Wildlife, and Environmental Law Enforcement. `tc1 2320-0200 `tc4 `tc6 $175,000 `tc1 2350-0100 `tc4 `tc6 $45,000 `tc2 Metropolitan District Commission. `tc1 2440-0100 `tc4 `tc6 $141,855 `tc1 2440-1203 `tc4 `tc6 $50,000 `tc1 2440-1210 `tc4 `tc6 $50,000 `tc1 2440-4000 `tc4 `tc6 $55,000 `tc1 2440-8999 `tc4 `tc6 $65,605 `tc1 2460-1100 `tc4 `tc6 $4,675 `tc2 Department of Food and Agriculture. `tc1 2520-0107 `tc4 `tc6 $313,244 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3222-9006 `tc4 `tc6 $692,844 `tc1 3799-1966 `tc4 `tc6 $4,500,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Day Care. `tc1 4000-0200 `tc4 `tc6 $503,698 `tc1 4000-0230 `tc4 `tc6 $29,846 `tc2 Division of Medical Assistance. `tc1 4000-0310 `tc4 `tc6 $1,000,000 `tc1 4000-0821 `tc4 `tc6 $2,000,000 `tc1 4000-0822 `tc4 `tc6 $2,500,000 `tc1 4000-0823 `tc4 `tc6 $5,400,000 `tc2 Office for Children. `tc1 4130-0005 `tc4 `tc6 $75,374 `tc2 Department of Medical Security. `tc1 4600-1200 `tc4 `tc6 $2,000,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7052-0007 `tc4 `tc6 $3,903,100 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Secretary. `tc1 8000-0040 `tc4 `tc6 $1,160,093 `tc2 Department of Public Safety. `tc1 8311-1000 `tc4 `tc6 $15,083 `tc2 Division of Inspection. `tc1 8315-1000 `tc4 `tc6 $32,204 `tc2 Massachusetts Emergency Management Agency. `tc1 8800-0032 `tc4 `tc6 $447,458 `tc1 8800-0050 `tc4 `tc6 $264,469 `tc1 8800-0051 `tc4 `tc6 $1,000,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1900 `tc4 `tc6 $746,276 `tc1 9000-1920 `tc4 `tc6 $340,231 `tc1 9000-2100 `tc4 `tc6 $53,721 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Division of Standards. `tc1 9218-0102 `tc4 `tc6 $100,000 `tc2 Division of Banks. `tc1 9221-1000 `tc4 `tc6 $150,000 `tc2 Division of Insurance. `tc1 9222-7800 `tc4 `tc6 $75,000 `tc2 Board of Registration in Medicine. `tc1 9230-9000 `tc4 `tc6 $250,000 `tc3 LEGISLATURE. `tc2 Joint Legislative Expenses. `tc1 9749-0400 `tc4 `tc6 $125,000 `tcol;end

II. For the purpose of making available in fiscal year nineteen hundred and ninety-six the balances of retained revenues, so-called, which would otherwise revert on June thirtieth, nineteen hundred and ninety-five, 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-six. 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 thirty-eight of the acts of nineteen hundred and ninety-five; 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 thirty-eight of the acts of nineteen hundred and ninety-five; 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. The amounts re-authorized herein 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 HEALTH AND HUMAN SERVICES. `tc2 Office of the Secretary. `tc1 4000-0105 `tc4 `tc6 $3,000,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of Correction. `tc1 8900-0011 `tc4 `tc6 $3,780 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Department of Public Utilities. `tc1 9275-0600 `tc4 `tc6 $75,000 `tcol;end

SECTION 2D. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-six certain balances of authorizations which otherwise revert on June thirtieth, nineteen hundred and ninety-five, the expiration dates of the items listed below are hereby extended through February twenty-eighth, nineteen hundred and ninety-six. `tuc 5011-9873 5095-5870 5095-8874 6059-0000

SECTION 3. Section 35 of chapter 6A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any provider of health care services which receives reimbursement or payment from any governmental unit for general health supplies, care and rehabilitative services and accommodations, or which receives reimbursement or payment for treatment of injured workers under chapter one hundred and fifty-two shall, as a condition of the receipt of such reimbursement or payment: (1) permit the commission, or any designated representative thereof, the attorney general or his designee, to examine such books and accounts as may reasonably be required for it to perform its duties; and (2) file with the commission from time to time or on request, such data, statistics, schedules or other information as it may reasonably require, including outcome data and such information regarding the costs, if any, of such provider for research in the basic biomedical or health care delivery areas or for the training of health care personnel which are included in its charges to the public for health care services, supplies, and accommodations. Any provider of health care services which receives reimbursement or payment from any governmental unit for general health supplies, care and rehabilitative services and accommodations shall accept reimbursement or payment at the rates established by the commission, subject to a right of appeal under section thirty-six, as discharging in full any and all obligations of an eligible person and the governmental unit to pay, reimburse or compensate the provider of health care services in any way for general health supplies, care, and rehabilitative services or accommodations provided.

SECTION 4. Paragraph (a) of section 29 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out the definition of "Waivable fee" and inserting in place thereof the following definition:-

"Waivable fee", any amount payable on a student tuition bill, but not a mandatory charge, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student. Preceding each waivable fee shall be a statement in bold print stating that if the student does not want to contribute to the following nonpartisan organization, a mark must be placed in the respective box for said nonpartisan organization. If the student does want to contribute, said box should not be marked. The student tuition bill will also provide the student with the total amount due including the waivable fee and the total amount due excluding the waivable fee, and that said item appears on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees.

SECTION 5. Section 6A of chapter 29C of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word "twenty" and inserting in place thereof the following word:- twenty-six.

SECTION 6. Section 3 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 68, the word "six" and inserting in place thereof the following word:- four.

SECTION 7. The first paragraph of section 96B of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of chapter thirty-one, any person so attending such a school shall be deemed to be a student officer and shall be exempted from the provisions of chapter thirty-one for that period during which he is assigned to a municipal police training school; provided, however, that such person shall be paid the regular wages and other employee benefits provided for the position to which he was appointed and such reasonable expenses as may be determined by the appointing authority; and provided, further, that no provision of this section that imposes additional costs upon a city or town by regulating the compensation, hours, status, conditions or benefits of municipal employment shall take effect in said city or town until the legislative body of said city or town votes to accept such provision or appropriates money for such purposes.

SECTION 8. Section 2 of chapter 70 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Base aid" and inserting in place thereof the following definition:-

"Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year; provided, however, that for any district in which the previous year net school spending is less than the current year foundation budget, in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding the amount by which the amount to be deducted in the current fiscal year pursuant to the provisions of section eighty-nine of chapter seventy-one or of section twelve B of chapter seventy-six exceeds the amount that had been deducted pursuant to said sections in the previous fiscal year.

SECTION 9. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Foundation gap" and inserting in place thereof the following definition:-

"Foundation gap", the positive difference, if any, between (i) the foundation budget in any fiscal year and (ii) the sum of base aid, school choice reimbursement as defined in section twelve B of chapter seventy-six, charter school reimbursement as defined in section eighty-nine of chapter seventy-one, minimum aid, federal impact aid, and the larger of (1) the preliminary local contribution for that year or (2) the standard of effort for that year. The foundation gap shall be calculated separately for each municipality's share of the district to which it belongs.

SECTION 10. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Standard of effort" and inserting in place thereof the following definition:-

"Standard of effort", for any year, shall be the lesser of (1) the gross standard of effort for that year and (2) the foundation budget for the year minus the sum of base aid, minimum aid, school choice reimbursement as defined in section twelve B of chapter seventy-six, charter school reimbursement as defined in section eighty-nine of chapter seventy-one, and federal impact aid for that year. The standard of effort for any municipality shall be allotted among the districts to which that municipality belongs.

SECTION 11. Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Any district, in which the prior year net school spending is greater than the current year foundation budget, shall receive partial reimbursements for amounts deducted pursuant to the preceding paragraph. Said reimbursements shall be equal to the sum of (a) fifty percent of the amount by which the amount to be deducted pursuant to the preceding paragraph exceeds the amount deducted pursuant to said paragraph in the previous fiscal year, and (b) twenty-five percent of the amount that had been deducted pursuant to the preceding paragraph in the previous fiscal year; provided, however, that in the first year in which any district has an amount deducted pursuant to the preceding paragraph that is greater than two percent of said district's total budget, said district shall receive a reimbursement of seventy-five percent of the total amount deducted pursuant to the preceding paragraph.

SECTION 12. Section 13 of chapter 152 of the General Laws, as so appearing, is hereby amended by inserting after the word "administered", in lines 10 and 11, the following:- ; provided, however, that the amount required to be reimbursed by insurers to hospitals for outpatient physical, occupational and speech therapy services only (bureau of ambulatory care codes 178010 through 178013, 178050 through 178053, and 178090 through 178093, inclusive) shall be the higher of:

(a) the amount required by the rate setting commission to be reimbursed by insurers to non-hospitals for the above-mentioned outpatient physical, occupational and speech therapy services; and

(b) either the amount which can be derived from the ratio of total costs to total charges calculated for the hospital requesting reimbursements, in accordance with methods utilized by the rate setting commission to determine payment on account factors for hospitals subject to chapter six A or chapter six B, or ninety-five percent of the rates payable to such hospital for such services on May fifteenth, nineteen hundred and ninety-five, whichever is the lower amount.

SECTION 13. The second paragraph of section 10 of chapter 218 of the General Laws, as appearing in section 187 of chapter 38 of the acts of 1995, is hereby amended by inserting before the line "district court of central Berkshire" the following line:- third district court of Barnstable.

SECTION 14. Said second paragraph of said section 10 of said chapter 218 of the General Laws, as so appearing, is hereby further amended by striking out the lines "fourth district court of Plymouth" and "district court of Newburyport".

SECTION 15. The third paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line "third district court of Plymouth" the following line:- fourth district court of Plymouth.

SECTION 16. Said third paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line "fourth district court of eastern Middlesex" the following line:- district court of Newburyport.

SECTION 17. Section 79 of chapter 218 of the General Laws, as amended by section 194 of chapter 38 of the acts of 1995, is hereby further amended by striking out subsection (1).

SECTION 17A. Subsection (2) of said section 79 of said chapter 218, as amended by said section 194 of said chapter 38, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salaries of the clerks of the district court department shall be seventy-five and forty-seven hundredths percent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth.

SECTION 18. The second sentence of the first paragraph under the caption "Supreme Judicial Court for Suffolk County" of section 94 of chapter 221 of the General Laws, as appearing in section 198 of chapter 38 of the acts of 1995, is hereby further amended by striking out, in the second sentence, the word "one".

SECTION 19. Item 0699-6800 in section 2 of chapter 60 of the acts of 1994 is hereby amended by striking out the following words: `tuc "Highway Fund .................. 100.0%"

and inserting in place thereof the following words:- `tuc Infrastructure Fund ............ 100.0%.

SECTION 20. Item 0699-6801 in said section 2 of said chapter 60 of the acts of 1994 is hereby amended by striking out the following words: `tuc "Highway Fund .................. 100.0%"

and inserting in place thereof the following words:- `tuc Infrastructure Fund ............ 100.0%.

SECTION 21. Item 0699-6900 in said section 2 of said chapter 60 is hereby amended in item 0699-6900 by striking out the following words: `tuc "Highway Fund .................. 100.0%"

and inserting in place thereof the following words:- `tuc Infrastructure Fund ............ 100.0%.

SECTION 22. Item 4513-1000 of said section 2 of said chapter 60 is hereby amended by adding the following words:- ; and provided further, that, notwithstanding the provisions of any general or special law to the contrary, the department is hereby authorized to expend an amount not to exceed six hundred twenty-four thousand five hundred thirty-eight dollars of the amount appropriated herein for reimbursements to early intervention providers for services rendered in the prior fiscal year.

SECTION 23. Section 2 of chapter 273 of the acts of 1994 is hereby amended by striking out item number "6033-9513" and inserting in place thereof item number "6035-9513".

SECTION 24. Said section 2 of said chapter 273 is hereby further amended by striking out item number "6033-9515" and inserting in place thereof item number "6035-9515".

SECTION 25. Said section 2 of said chapter 273 is hereby further amended by striking out item number "6033-9516" and inserting in place thereof item number "6035-9516".

SECTION 26. Section 2A of said chapter 273 is hereby amended by striking out item number "6033-9517" and inserting in place thereof item number "6035-9517".

SECTION 27. Said section 2A of said chapter 273 is hereby further amended by striking out item number "6033-9569" and inserting in place thereof item number "6035-9569".

SECTION 28. Said section 2A of said chapter 273 is hereby further amended by striking out item number "6033-9577" and inserting in place thereof item number "6035-9577".

SECTION 29. Section 2B of said chapter 273 is hereby amended by striking out item number "6033-9559" and inserting in place thereof item number "6035-9559".

SECTION 30. Section 2C of said chapter 273 is hereby amended by striking out item number "6033-9562" and inserting in place thereof item number "6035-9562".

SECTION 31. Section 2F of said chapter 273 is hereby amended by striking out item number "6001-9545" and inserting in place thereof item number "6001-9546".

SECTION 32. Section 1 of chapter 38 of the acts of 1995 is hereby amended by striking out, in the first sentence, the words "two, two B, and two C for the several purposes and subject to the conditions specified in said sections two, two B, two C" and inserting in place thereof the following words:- two and two B for the several purposes and subject to the conditions specified in sections two, two B.

SECTION 33. Item 0332-2800 of section 2 of said chapter 38 is hereby amended by striking out the figure "1,007,020" and inserting in place thereof the figure:- 1,067,020.

SECTION 34. Item 0332-6000 of said section 2 of said chapter 38 is hereby amended by striking out the figure "1,233,492" and inserting in place thereof the following figure:- 1,289,785.

SECTION 35. Item 0332-8000 of said section 2 of said chapter 38 is hereby amended by striking out the wording and inserting in place thereof the following:- For the development of an early intervention project for domestic abusers at the Cambridge division of the district court department of the trial court of Massachusetts; provided, that said project is to be administered by a seven member executive board consisting of the first justice of the Cambridge court or his designee, the clerk of the Cambridge court or his designee, the chief probation officer of the Cambridge court or his designee, the Middlesex district attorney or his designee, the city manager of the city of Cambridge or his designee, the chief administrative justice of the trial court or his designee, and one person to be appointed by the governor; and provided further, that the employment conditions of the project director and the allocation of project funds shall be determined by the executive board.

SECTION 36. Item 0526-0100 of said section 2 of said chapter 38 is hereby amended by inserting after the words "historic preservation grants", in line 9, the following words:- ; provided further, that, notwithstanding the provisions of any general or special law or this item to the contrary, not less than five thousand dollars shall be expended for costs associated with the purchase and installation of a water filtration system in the town hall in the town of Wendell.

SECTION 37. Item 0710-0000 of said section 2 of said chapter 38 is hereby amended by striking out the figure "10,170,177" and inserting in place thereof the following figure:- 10,730,177.

SECTION 38. Said section 2 of said chapter 38 is hereby amended by striking out item 1102-3214 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 1102-3214 `tc4 For the state transportation building; provided, that the division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of six million two hundred and five thousand dollars from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building for the maintenance and operation of said building; provided, that the building manager selected by the division of capital planning and operations shall make such expenditures on behalf of said division pursuant to the provisions of section two AA of chapter twenty-nine of the General Laws as inserted by section forty-four of this act `tc6 $6,205,000 `tc5 State Building Management Fund 100.0% `tcol;end

SECTION 39. Said section 2 of said chapter 38 is hereby amended by striking out item 1108-1214 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 1108-1214 `tc4 The department of personnel and administration is hereby authorized to expend revenues up to a maximum of one million two hundred thousand dollars from the fees charged for civil service examination applications for the administration of the civil service examination program by the department, including the costs of personnel `tc6 $1,200,000 `tc1 1108-1215 `tc4 The department of personnel administration is hereby authorized to expend revenues up to a maximum of thirty thousand dollars from fees charged as provided herein, for the costs of goods and services rendered in administering training programs, including the cost of training unit staff under the direction of the human resource division of the department of personnel administration; provided, that the department is authorized to collect an administrative fee from vendors at the time they submit proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services; provided further, that any vendor which fails to deliver the appropriate administrative fee with its submission shall be deemed nonresponsive and its proposal shall not be considered for contract award; provided further, that the department shall charge any costs incurred in training participants enrolled in programs sponsored by the department; and provided further, that the department is authorized to collect from participating non-state agencies, political subdivisions, and individuals a fee sufficient to cover costs of the commonwealth's performance recognition programs and expend such fees for goods and services rendered in the administration of these programs `tc6 $30,000 `tcol;end

SECTION 40. Item 1108-5100 of said section 2 of said chapter 38 is hereby amended by striking out the figure "2,526,892" and inserting in place thereof the following figure:- 1,874,236.

SECTION 41. Item 1201-0130 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 4 and 5, the words "three hundred and nine" and inserting in place thereof the following words:- two hundred and forty-nine.

SECTION 42. Item 1410-0010 of said section 2 of said chapter 38 is hereby amended by inserting after the word "services", in line 2, the following words:- ; provided, that not less than ten thousand dollars shall be expended for the maintenance of the Korean War Memorial located in the shipyard park of the Charlestown Navy Yard.

SECTION 43. Item 2100-2030 of said section 2 of said chapter 38 is hereby amended by inserting after the word "so-called", in line 15, the following words:- ; provided, however, that notwithstanding the provisions of this item to the contrary, an amount not to exceed twenty-five thousand dollars may be expended for the compensation of seasonal employees at Lawrence riverfront state park.

SECTION 44. Item 2440-1000 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 4 and 5, the words "thirty-three A of chapter ninety-two of the General Laws, inserted by section one hundred and eighteen" and inserting in place thereof the following words:- thirty-four B of chapter ninety-two of the General Laws, inserted by section one hundred and twenty-four.

SECTION 45. Item 2511-4000 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 13 and 14, the words "pursuant to the provisions of a composting plan filed jointly by the department and the city of Boston,".

SECTION 46. Item 4000-0195 of said section 2 of said chapter 38 is hereby amended by inserting after the word "appropriation", in line 25, the following words:- ; provided further, that four hundred ninety-five thousand dollars shall be expended by the department of transitional assistance for the provision of one hundred day care slots for children in the aid to families with dependent children program who are in the custody and care of grandparents due to the incapacity or absence of the parents.

SECTION 47. Item 4400-1000 of said section 2 of said chapter 38 is hereby amended by inserting after the word "program", in line 8, the following words:- ; provided further, that the department shall maintain local transitional assistance offices in Attleboro, at 294 Bowdoin street in the Dorchester section of Boston, in Falmouth, Foxboro, Gloucester, Hyannis, at 1 Washington Square in the city of Lynn, in Mansfield, Northampton, Norton, Orleans, Plainville, and Westfield; and provided, further, that the local transitional assistance office in the city of Fall River shall not be located outside the downtown areas, so-called, of said city.

SECTION 48. Said section 2 of said chapter 38 is hereby amended by striking out item 4510-0105 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 4510-0105 `tc4 For the space rental and energy payments made by the department from the GG subsidiary, so-called, as classified by the comptroller; provided, that all funds appropriated herein shall be scheduled in the GG subsidiary, so-called; provided further, that no funds from any other item of state appropriation available to the department shall be used for said payments; provided, however, that the public health hospitals funded from item 4540-0900 and 4590-0900, the center for laboratory and communicable disease control and the state laboratory funded from item 4516-1000, and the universal immunization program funded from item 4518-1000 shall not be subject to the provisions stated herein `tc6 $2,954,015 `tcol;end

SECTION 49. Item 4590-0300 of said section 2 of said chapter 38 is hereby amended by adding the following words:- ; provided further, that the department of public health shall review and approve the contents and program activities of "student awareness of fire education" programs, or S.A.F.E., so-called, and shall review and approve any request for proposals issued by the executive office of public safety to local fire departments for the award of S.A.F.E. program grants, so-called.

SECTION 50. Item 4590-0900 of said section 2 of said chapter 38 is hereby amended by inserting after the word "health", in line 6, the following words:- ; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the hospitals may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

SECTION 51. Item 4600-1200 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 15 to 17, inclusive, the words "provided further, that no funds shall be expended from this item for expenses incurred in the prior fiscal year" and inserting in place thereof the following words:- provided further, that two million dollars may be expended from this item for the payment of claims incurred in prior fiscal years; provided further, that prior year bills shall be the first priority of expenditure from said two million dollars; provided further that the commissioner of the department shall submit to the state budget director and the chairmen of the senate and house committees on ways and means an actuarially-based evaluation of the costs and utilization results of said program's operations in fiscal year nineteen hundred and ninety-five; provided further that enrollment in said program shall be closed if said evaluation has not been filed by October thirty-first, nineteen hundred and ninety-five; provided further, that said evaluation shall include certification that total funds available are sufficient to fund said program in fiscal year nineteen hundred and ninety-six without incurring a deficiency, the withholding of provider payments or a freeze on the processing of provider claims; and provided further, that the department shall provide documentation to the comptroller that any payments made for prior fiscal year claims were incurred in fiscal year nineteen hundred and ninety-five.

SECTION 52. Item 7052-0003 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 9 and 10, the words "eight million one hundred ninety thousand dollars" and inserting in place thereof the following words:- eight million three hundred eighty-four thousand four hundred fifty-five dollars.

SECTION 53. Item 7052-0007 of said section 2 of said chapter 38 is hereby amended by inserting after the word "children", in line 11, the following words:- ; provided further, that the board of education shall authorize the payment of one million ninety-nine thousand nine hundred and eighty-six dollars from this item to the town of Belmont for the first annual payment on the Belmont middle school project, so-called.

SECTION 54. Item 7061-0011 of said section 2 of said chapter 38 is hereby amended by inserting after the word "district", in line 47, the following words:- ; provided further, that, notwithstanding the provisions of any general or special law or this item to the contrary, the city of Springfield shall be reimbursed two million two hundred twenty-five thousand nine hundred and forty-two dollars for prior year costs associated with the transportation of pupils.

SECTION 55. Said section 2 of said chapter 38 is hereby further amended by striking out the item number "7061-7607" and inserting in place thereof the following item number:- 7061-9607.

SECTION 56. Item 7061-9624 of said section 2 of said chapter 38 is hereby amended by striking out, in lines 1 and 2, the words "town of North Attleboro" and inserting in place thereof the following words:- city of Attleboro.

SECTION 57. Item 8400-0050 of said section 2 of said chapter 38 is hereby amended by striking out after the word "rent", in line 1, the words "and related parking and utility expenses of the registry of motor vehicles building in the vicinity of Ruggles station" and inserting in place thereof the following words:- , moving, parking, utility, and other related expenses of the registry of motor vehicles.

SECTION 58. Item 8400-0150 of said section 2 of said chapter 38 is hereby amended by striking out after the word "rent", in line 1, the words "and related parking and utility expenses of the merit rating board located in the vicinity of Ruggles station" and inserting in place thereof the following words:- , moving, parking, utility, and other related expenses of the merit rating board.

SECTION 59. Said section 2 of said chapter 38 is hereby amended by inserting after item number 9000-1805 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 9000-1806 `tc4 For the purpose of establishing a two year state matching grant to fund the council of state government's proposed Yankee Trader Institute for the purpose of assisting in the expansion of export trade opportunities for the Northeast region by providing a standard location for export inquiries, offering new services and coordinating existing services, expanding informational resources, leveraging funding from public and private sources and facilitating joint strategies for export trade; provided, however, that no funds shall be expended from this account unless and until the council of state governments receives a federal EDA grant; and provided further, that said funds shall be divided equally in each of two years `tc6 $60,000 `tcol;end

SECTION 60. Item 9000-1900 of said section 2 of said chapter 38 is hereby further amended by inserting after the word "council", in line 21, the following words:- provided further, that not less than seven hundred sixteen thousand two hundred and seventy-six dollars shall be expended for the purposes of oversees international tourism promotion;.

SECTION 61. Said item 9000-1900 of said section 2 of said chapter 38 is hereby further amended by inserting after the word "office", in line 24, the following words:- ; provided further, that, notwithstanding the provisions of any general or special law to the contrary, not less than thirty-thousand dollars shall be expended to by the special commission planning the activities relating to the celebration of the three hundred and seventy-fifth anniversary of the Pilgrims landing at Plymouth.

SECTION 62. Section 2B of said chapter 38 is hereby amended by striking out, in lines 7 to 12, inclusive, the words "provided further, that no expenditures shall be made from said Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year nineteen hundred and ninety-five; provided further, that all authorizations in this section shall be charged to said Intragovernmental Service Fund; and provided further, that any balance remaining at the close of fiscal year nineteen hundred and ninety-five shall be transferred to the General Fund" and inserting in place thereof the following words:- provided further, that no expenditures shall be made from said Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year nineteen hundred and ninety-six; provided further, that all authorizations in this section shall be charged to said Intragovernmental Service Fund; and provided further, that any balance remaining at the close of fiscal year nineteen hundred and ninety-six shall be transferred to the General Fund.

SECTION 63. Item 1100-1111 of said section 2B of said chapter 38 is hereby amended by striking out the figure "424,371" and inserting in place thereof the following figure:- 462,371.

SECTION 64. Item 1108-1213 of said section 2B of said chapter 38 is hereby amended by striking out the figure "677,512" and inserting in place thereof the following figure:- 1,000,000.

SECTION 65. Said section 2B of said chapter 38 is hereby amended by inserting after the title "Reserves." 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 1599-2040 `tc4 For the payment of prior year deficiencies, so-called, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge departments' current fiscal year appropriations and transfer to this item amounts equivalent to the amounts of any prior year deficiency, so-called, subject to the conditions stated herein; provided further, that the comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains; provided further, that no chargeback shall be made which would cause a deficiency in any current fiscal year item of appropriation; provided further, that the comptroller shall report on a quarterly basis to the house and senate committees on ways and means on all chargebacks assessed, including the amount of the chargeback, the item of appropriation and subsidiary charged, and the reason for the prior year deficiency `tc6 $6,000,000 `tcol;end

SECTION 66. Section 4 of said chapter 38 is hereby amended by inserting before the first paragraph the following five paragraphs:-

For the fiscal year ending June thirtieth, nineteen hundred and ninety-six, the chief operating officer of each department, board, agency, commission and institution for which performance measures are established herein shall file with the secretary of the executive office of administration and finance and the chairmen of the house and senate committees on ways and means, quarterly reports on said performance measures. Unless specifically required otherwise, said reports shall be filed not less than forty-five days following the last day of each such quarter, or not more than sixty days later for the division of medical assistance, the division of medical security and the group insurance commission to accommodate delays in medical billing and payment systems.

The mission statements, program objectives, performance measures and expected outputs established for each such reporting entity are intended to identify primary missions and program objectives for each such entity but shall not be construed to exclude any other responsibilities, functions, duties, objectives, tasks or activities performed by or expected of such entities by law or other directive. The mission statements, program objectives, performance measures and expected outputs established for each reporting entity and program shall not be construed as giving rise to enforceable legal rights in any party, but are strictly intended to serve as internal management tools for gauging the achievement of the missions and program objectives for each such entity.

The performance reporting requirements established for each such entity herein consists of one or more objectives for each of the programs administered by such entities. The results of accomplishing, achieving, attaining or reaching such objectives in any quarter is indicated as a number, percentage or other performance indicator in the column labeled "expected outputs". Unless a monthly, annual or other periodic result is indicated in the column labeled "performance measure", the number, percentage or other performance indicator found in the "expected output" column generally represents a quarterly result that the reporting entity was asked to furnish at the request of the house ways and means committee during the budget preparation process, or it is the "output" indicated in previous quarterly reports. Numbers, percentages or other indicators that were reported as annual results by said entities were re-calculated as quarterly results. Agencies unable to or unresponsive in furnishing such results were assigned "expected outputs" based upon the best available information. Performance measures were intentionally limited in scope to quantifiable indicators of performance based on currently collected information or data that the reporting entity would normally assess as a best management practice.

The term "TBR" found in said column means "To Be Reported" and is an expected output when (1) insufficient or unreliable information makes the prediction of quantifiable results difficult to measure; (2) the expected output involves more complex information than can be readily summarized by a single number or statistic; or (3) when the result consists of a document, including plans, studies, and analyses, or a non-recurring event or act that is related to achievement of or further understanding of a program objective. Dates are generally used as a deadline for the performance of a specific performance measure when the "expected outputs" requires the performance of a specific task or functions.

Where a number or percentage is used as an expected output, reporting entities are encouraged, where feasible, to accompany such performance indicators by an explanation of any qualifying conditions that limit or define the interpretation of each such number or percentage. Both the numerator and denominator used in the calculation of any percentage required as an "expected output" shall be included in each such report.

SECTION 67. Section 251 of said chapter 38 is hereby amended by striking out, in lines 1 and 2, the words "section sixteen and seventeen" and inserting in place thereof the following words:- sections twenty-three and twenty-four.

SECTION 68. Section 252 of said chapter 38 is hereby amended by inserting after the word "designee", in line 12, the following words:- , the president of the New England board of higher education or designee, the chairman of Bay State Skills Corporation or designee.

SECTION 69. Said section 252 of said chapter 38 is hereby further amended by striking out, in lines 13 and 14, the words "the adjutant general of the Air National Guard" and inserting in place thereof the following words:- the adjutant general of the commonwealth.

SECTION 70. Section 300 of said chapter 38 is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

A consulting consortium shall be established and shall consist of thirteen members. The speaker of the house of representatives and the senate president shall each appoint two members for a total of four. Nine members shall be appointed by the governor, one representative from the Associated Industries of Massachusetts, one representative from the Massachusetts Business Roundtable, one representative from the Homebuilders Association of Massachusetts, one representative from the Massachusetts Realtors Association, one representative from the National Federation of Independent Businesses, and one representative each from the chamber of commerce representing the eastern region, the cape cod region, the central region, and western region of Massachusetts for a total of four. Guidelines for participation shall be promulgated by the secretaries of economic affairs and environmental affairs. The executive office of environmental affairs, the executive office of economic affairs and the consulting consortium, acting in concert, shall prepare a joint report on the proposed regulation. This joint report shall address the suitability of the regulation along with any changes that can be written to make the regulation comply with criteria one and two, as set forth in this section. While preparing this joint report, the executive office of economic affairs and the consulting consortium shall hold public hearings on the proposed regulation. Along with participating in preparing the joint report on a proposed regulation, the members of the consortium shall identify those regulations concerning said title five which have historically proven to be most problematic to small and medium sized businesses, as well as homeowners. The executive office of environmental affairs, the executive office of economic affairs and the consulting consortium shall also prepare a joint report yearly which will propose legislation to ameliorate existing burdensome regulations concerning said title five. Small businesses and homeowners having difficulties meeting state or federal environmental regulations concerning said title five will be encouraged to contact the executive office of economic affairs which will then forward the particular problem on an anonymous basis to the consulting consortium which may investigate and recommend potential solutions or identify areas where regulatory change seems appropriate. Any such recommendation will be provided through the secretary of economic affairs to appropriate executive branch agencies.

SECTION 71. Section 305 of said chapter 38 is hereby amended by striking out, in line 4, the word "operated" and inserting in place thereof the following word:- approved.

SECTION 72. Item 1599-2038 of section 2A of chapter 39 of the acts of 1995 is hereby amended by striking out the words "provided further, that an amount not to exceed five hundred and six thousand dollars shall be expended for prior year snow and ice control expenses" and inserting in place thereof the following words:- provided further, that notwithstanding the provisions of section fifty-nine of this act, the provisions of this item, or any other general or special law to the contrary, an amount not to exceed five hundred and six thousand dollars shall be expended for prior year snow and ice control expenses.

SECTION 73. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized and directed to transfer the sum re-appropriated in item 0340-0102 of paragraph I of section two C of this act to item 0340-0100 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, that the funds so transferred shall be expended subject to the provisions of item 0340-0102 of section two of chapter sixty of the acts of nineteen hundred and ninety-four.

SECTION 74. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized and directed to transfer two hundred and sixty-three thousand two hundred and forty-four dollars of the amount re-appropriated in item 2520-0107 of paragraph I of section two C of this act to item 4516-1000 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, that the department of public health shall use the funds so transferred for rabies and encephalitis testing services and programs.

SECTION 75. Notwithstanding the provisions of any general or special law to the contrary, the department of transitional assistance is hereby authorized in the event of a disaster to make payments for disaster assistance as defined in regulations of the said department from item 4403-2110 of section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that for purposes 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 payments retroactive to July first, nineteen hundred and ninety-four.

SECTION 76. Notwithstanding the provisions of any general or special law to the contrary, not more than one million dollars may be expended from the amount re-appropriated in item 4000-0310 in paragraph I of section two C of this act for the one-time costs of renovation, furnishing, cabling, moving and related expenses of consolidating division of medical assistance offices at rehabilitated space in the Tewksbury hospital pursuant to an interagency service agreement with the department of public health; provided, however, that funds re-appropriated in said item 4000-0310 are appropriated on the condition that the division of medical assistance provide any technical assistance and data requested by the joint committees on health care and insurance in their efforts to review and evaluate the Section 1115 Medicaid waiver, so-called.

SECTION 77. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health is hereby authorized to charge payroll expenses to an item of appropriation other than the item that usually funds such payroll expenses when personnel working within Medfield state hospital are assigned temporarily to other units of said hospital and when personnel working within Worcester state hospital are assigned temporarily to other units of said hospital. The authority to so charge the expenses of temporary assignments shall be restricted to payroll expenses funded from among items 5042-1000, 5055-0000 and 5095-0000 in section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five. The department shall, beginning on January first, nineteen hundred and ninety-six and each month thereafter report in writing and electronically to the house and senate committees on ways and means by full time equivalent employee and by item of appropriation and by expenditure object code the amount of compensation paid to each employee funded from items 5042-1000, 5055-0000, and 5095-0000.

SECTION 78. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts lottery commission shall study the costs and benefits of using recycled paper in the manufacture of lottery tickets. Said study shall be filed with the house and senate committees on ways and means no later than February first, nineteen hundred and ninety-six.

SECTION 79. The secretary of communities and development and the secretary of economic affairs are hereby authorized and directed to carry out an interagency agreement for the expenditure of an amount not to exceed one million three hundred thousand dollars from unexpended oil overcharge trust funds presently held by the executive office of communities and development pursuant to past interagency agreements between the executive office of communities and development and the division of energy resources, for the one and two person program, so-called, for elders and families whose income is in excess of one hundred and fifty percent of the federal poverty level, but not more than one hundred and seventy-five percent of said level; provided, that funds may be expended from said specified amount for the fiscal year ending June thirtieth, nineteen hundred and ninety-six; provided further, that the balance of said specified amount unexpended at the end of the year ending June thirtieth, nineteen hundred and ninety-six may be carried forward and retained by the executive office of communities and development for said program; provided further, that notwithstanding the provisions of any General Law to the contrary, funds expended for said one and two person program shall not be subject to federal reimbursement; and provided further that nothing contained herein shall constitute a continuing or ongoing obligation of the commonwealth.

SECTION 80. The rate setting commission and rating bureau within the division of insurance shall conduct a joint study on reimbursement methodologies used by insurers to reimburse providers of ambulatory surgery services provided to injured workers and reimbursed pursuant to chapter six A and chapter one hundred and fifty-two of the General Laws. Such study shall consider various reimbursement methodologies for those services and make any recommendations deemed appropriate. In conducting such study, said commission bureau shall:

(1) consider whether such reimbursement methodologies are consistent with the goals of chapter six A of the General Laws and chapter three hundred ninety-eight of the acts of nineteen hundred and ninety-one;

(2) consider the use of appropriate reimbursement principles for those services; and

(3) consider incentives for health care providers to return injured workers to employment as rapidly as practicable.

Said study shall be filed with the house and senate committees on ways and means not later than January first, nineteen hundred and ninety-six.

SECTION 81. Notwithstanding the provisions of any general or special law or regulation to the contrary, for any teaching hospital in Health System Area I that was precluded from obtaining relief for a hospital agreement twenty-nine case mix exception because of the deadline imposed by section eighty of chapter twenty-three of the acts of nineteen hundred and eighty-eight, the rate setting commission shall review and if deemed appropriate shall adjust the hospital's nineteen hundred and eighty-seven total patient care costs for purposes of calculating the hospital's nineteen hundred and eighty-eight to nineteen hundred and ninety-one non-medicare gross patient service revenue for purposes of calculating revenue compliance under section fifty-six of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one.

SECTION 82. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Collective Bargaining Reserve Fund. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer as of June thirtieth, nineteen hundred and ninety-five into such fund thirty-seven million dollars from the General Fund. Amounts credited to said fund shall be used, subject to appropriation, to pay the costs of collective bargaining agreements for which appropriation requests have been submitted to the general court pursuant to section seven of chapter one hundred and fifty E of the General Laws; provided, however, that no such agreement shall be deemed approved until the amounts necessary to fund the first year cost items therein have been appropriated for the specific purpose of said agreement from said fund or otherwise. Said fund shall cease to exist as of June thirtieth, nineteen hundred and ninety-six, and the balance therein shall thereupon revert to the General Fund.

SECTION 83. (a) This section shall apply notwithstanding the provisions of section five C of chapter twenty-nine of the General Laws or of any other general or special law to the contrary. The comptroller shall, on or before September fifteenth, nineteen hundred and ninety-five, certify to the commissioner of administration the amount of the consolidated net surplus in the operating funds, as defined in section one of said chapter twenty-nine, at the close of fiscal year nineteen hundred and ninety-five. The amounts so certified shall be disposed as follows: (1) An amount equal to one-half of one percent of the total revenue from taxes in fiscal year nineteen hundred and ninety-five, as certified in accordance with section five of said chapter twenty-nine, shall be made available to be used as revenue for fiscal year nineteen hundred and ninety-six. (2) Any remaining amount of such consolidated net surplus, but not more than one-fourth of one percent of the total revenue from taxes in fiscal year nineteen hundred and ninety-five, shall be transferred pursuant to clause (b) of said section five C of said chapter twenty-nine. (3) Any remaining amount of such consolidated net surplus, but not more than one-half of one percent of the total revenue from taxes in fiscal year nineteen hundred and ninety-five, shall be transferred to the Commonwealth Cost Relief Fund established by subsection (b) of this section. (4) Any remaining amount of such consolidated net surplus shall be transferred pursuant to clause (b) of said section five C of said chapter twenty-nine.

(b) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Cost Relief Fund. Amounts credited to said Fund, pursuant to clause (3) of subsection (a) or otherwise, shall be used, subject to appropriation, for (1) subsidies or other assistance equivalent to grants of not more than fifty percent of the eligible cost of water pollution abatement projects financed by loans pursuant to chapter twenty-nine C of the General Laws, (2) the purposes described in item 2200-9959 in section two of chapter eighty-five of the acts of nineteen hundred and ninety-four, (3) the purposes of the Commonwealth Sewer Rate Relief Fund established by section two Z of chapter twenty-nine of the General Laws, and (4) for unanticipated obligations, unavoidable deficiencies or extraordinary expenditures of the commonwealth. The amount appropriated from said Fund for the purpose of clause (1) of this subsection shall not exceed eight million dollars in any fiscal year, and the amount appropriated from said Fund for the purpose of clause (2) of this subsection shall not exceed eight million dollars in any fiscal year.

SECTION 84. The bridge located on Main street and extending over the Shawsheen river in the town of Tewksbury shall be designated and known as The Honorable James R. Miceli bridge. The department of highways shall erect a suitable marker bearing said designation in compliance with the standards of said department.

SECTION 85. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized and directed to transfer as of June thirtieth, nineteen hundred and ninety-five the unexpended balance in item 4130-0002 of section two of chapter sixty of the acts of nineteen hundred and ninety-four to the Children's Trust Fund established by section fifty of chapter ten of the General Laws.

SECTION 86. A special commission is hereby established to assist in and support the planning and development of activities relating to the celebration of the three hundred and seventy-fifth anniversary of the landing of the Pilgrims at Plymouth. The commission shall consist of two members of the senate, one of whom shall represent the Plymouth and Barnstable district and the other of whom shall represent either the Cape and Islands district or the Bristol and Plymouth district, two members of the house of representatives, and three members appointed by the governor, one of whom shall be experienced in each of the fields of history, education and theology. Said commission may receive and expend such funds as may be appropriated or donated to it for the purposes of this section, and may implement and administer the programs and activities developed by it. The commission shall file a report with the clerks of the senate and house of representatives, including its recommendations, any proposed legislation, and an accounting of all funds received and expended, not later than the last Wednesday in December, nineteen hundred and ninety-five. Said commission shall terminate upon the completion of the duties prescribed by this section.

SECTION 87. Notwithstanding the provisions of any general or special law to the contrary, the amounts re-appropriated in items 4000-0200 and 4000-0230 in paragraph I of section two C shall be expended for voucher day care for income eligible parents.

SECTION 88. Sections one and two of this act shall take effect on July first, nineteen hundred and ninety-four. Sections twenty-three to thirty-one, inclusive, shall take effect on December thirtieth, nineteen hundred and ninety-four. Sections two A, eighty-two, and eighty-five of this act shall take effect on June thirtieth, nineteen hundred and ninety-five. The remainder of this act shall take effect upon its passage.