Session Laws

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

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

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-six are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two and two C. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc FY 1996 Revenue by Source and Budgetary Fund (In Millions)
`tcol(*)=6;c1=1,26,tu;c2=30,8,tur;c3=40,8,tur;c4=50,8,tur;c5=60,9,tur;c6=71,8,tur `tch `ts `tc1 *All *General*Highway*Local Aid*Other Source*Funds*Fund *Fund *Fund *Funds `tc1=1,78,tu;temp `t+1 `tch;end `tc1 Alcoholic Beverages*60.0*60.0*-*-*- Commercial Banks*195.0*195.0*-*-*- Savings Institutions*35.0*35.0*-*-*- Cigarette*238.0*106.3*-*-*131.7 Corporations*870.7*522.4*-*348.3*- Deeds*39.0*39.0*-*-*- Estate/Inheritance*207.0*207.0*-*-*- Income*6,353.5*3,540.7*-*2,541.4*271.4 Insurance*290.0*290.0*-*-*- Motor Fuels*575.0*80.5*486.4*-*8.1 Utilities*90.0*90.0*-*-*- Room Occupancy*65.0*42.3*-*-*22.7 Sales & Use: Regular*1,746.6*1,048.0*-*698.6*- Sales & Use: Services*145.0*87.0*-*58.0*- Sales & Use: Meals*360.5*216.3*-*144.2*- Sales & Use: Motor Vehicles*340.0*204.0*-*136.0*- Miscellaneous*1.0*1.0*-*-*- Racing*13.5*13.5*-*-*- Beano*4.0*4.0*-*-*- Raffles/Bazaars*1.0*1.0*-*-*- Division of Insurance*9.0*9.0*-*-*- Total Consensus Taxes*11,638.8*6,792.0*486.4*3,926.5*433.9 Tax Revenue Initiatives*16.0*16.0*-*-*- Sales Tax Exemption Expansion*-.3*-.2*-*-.1*- `tc1=1,78,tu;temp `t+1 `tc1 Total Taxes*11,654.5*6,807.8*486.4*3,926.4*433.9 `tc1=1,78,tu;temp `t+99 `tc1 Federal Reimbursements*3,022.9*3,013.7*5.8*.2*3.2 Departmental Revenues*1,172.8*749.2*300.4*3.2*120.0 Transfers & Other Receipts*951.9*275.3*-*644.5*32.1 `tc1=1,78,tu;temp `t+1 `tc1 Total for Budget*16,802.1*10,846.0*792.6*4,574.3*589.2 `tcol;end

SECTION 1B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of non-tax revenues by each department, board, commission or institution, to furnish the executive office of administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein, and to include a full statement comparing such receipts with projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. `ts `t+1 `tuc Non-Tax Revenue Executive Office Summary `t+1 `tcol(*)=4;c1=1,36,tu;c2=38,13,tur;c3=53,11,tur;c4=66,13,tur `tch `tc1 *FY 1996 *FY 1996 *FY 1996 *Unrestricted*Restricted*Total Source*Non-Tax *Non-Tax *Non-Tax `tc1=1,78,tu;temp `t+1 `tch;end Judiciary*58,228,106*0*58,228,106 District Attorneys*5,454*0*5,454 Executive*2,500*0*2,500 Secretary of State*38,443,785*30,000*38,473,785 Treasurer*475,935,173*442,600,000*918,535,173 State Auditor*0*0*0 Attorney General*6,541,960*0*6,541,960 State Ethics Commission*43,000*0*43,000 Non-tax Revenue Maximation*20,000,000*0*20,000,000 Office of Campaign and Political*** Finance*45,600*0*45,600 State Comptroller*1,927,109*0*1,927,109 Administration and Finance*244,906,113*9,868,745*254,774,858 Environmental Affairs*71,175,445*966,874*72,142,319 Communities and Development*2,727,622*469,000*3,196,622 Health and Human Services*2,877,226,115*252,813,216*3,130,039,331 Transportation and Construction*9,444,309*27,345*9,471,654 Board of Library Commissioners*1,114*0*1,114 Education*154,849,045*150,000*154,999,045 Public Safety*324,046,256*26,338,347*350,384,603 Economic Affairs*36,334,827*0*36,334,827 Elder Affairs*190,000*3,000,000*3,190,000 Consumer Affairs*66,288,131*0*66,288,131 Labor*22,762,815*0*22,762,815 Legislature*19,850*0*19,850 `tc1=1,78,tu;temp `t+1 `tc1 Total*4,411,144,329*736,263,527*5,147,407,856 `tcol;end `t+99 `ts

`tcol(*)=4;c1=1,31,tu;c2=35,13,tur;c3=51,11,tur;c4=65,13,tur `tch `tc1=1,78,tuc;temp Non-Tax Revenue Executive Office by Department Summary `t+1 `tc1 *FY 1996*FY 1996 *FY 1996 * Unrestricted* Restricted*Total Source* Non-Tax*Non-Tax *Non-Tax `tc1=1,78,tur;temp `t+1 `tch;end `tc1 Judiciary*** Supreme Judicial Court*1,078,171*-*1,078,171 Appeals Court*276,909*-*276,909 Trial Court*56,873,026*-*56,873,026 Total, Judiciary*58,228,106*-*58,228,106 `t+1 `tc1 District Attorneys*5,454*-*5,454 `t+1 `tc1 Executive*2,500*-*2,500 `t+1 `tc1 Secretary of State*38,443,785*30,000*38,473,785 `t+1 `tc1 Treasurer*** Office of the Treasurer*181,759,323*-*181,759,323 Lottery Commission*294,175,850*442,600,000*736,775,850 Total, Treasurer*475,935,173*442,600,000*918,535,173 `t+1 `tc1 State Auditor*-*-*- `t+1 `tc1 Attorney General*6,541,960*-*6,541,960 `t+1 `tc1 State Ethics Commission*43,000*-*43,000 `t+1 `tc1 Non-tax Revenue Maximation*20,000,000*-*20,000,000 `t+1 `tc1 Office of Campaign and Political*** Finance*45,600*-*45,600 `t+1 `tc1 State Comptroller*1,927,109*-*1,927,109 `t+1 `tc1 Administration and Finance*** Office of the Secretary*517,114*-*517,114 Fiscal Affairs Division*40,154,339*-*40,154,339 Management Information Systems*252,219*400,000*652,219 Division of Capital Planning and*** Operations*5,954,619*6,272,335*12,226,954 Bureau of State Buildings*114,400*-*114,400 Department of Procurement & General*** Services*80,484*962,743*1,043,227 Department of Personnel*** Administration*675,000*900,000*1,575,000 Teachers' Retirement Board*1,730,670*-*1,730,670 Group Insurance Commission*114,157,075*-*114,157,075 Public Employee Retirement*** Administration*50,000*-*50,000 Division of Administrative Law*** Appeals*90,000*-*90,000 Mass. Commission Against*** Discrimination*2,000*1,333,667*1,335,667 Department of Revenue*79,364,443*-*79,364,443 Appellate Tax Board*1,752,750*-*1,752,750 Veterans' Affairs* 11,000* - * 11,000 Total, Administration and Finance*244,906,113*9,868,745*254,774,858 `t+1 `tc1 Environmental Affairs*** Office of the Secretary*478,391*200,000*678,391 Department of Environmental*** Management*4,525,076*75,000*4,600,076 Department of Environmental*** Protection*30,596,433*-*30,596,433 Division of Fisheries & Wildlife*** Law Enforcement*13,780,286*250,000*14,030,286 Metropolitan District Commission*16,794,552*441,874*17,236,426 Department of Food and Agriculture* 5,000,707* - * 5,000,707 Total, Environmental Affairs*71,175,445*966,874*72,142,319 `t+1 `tc1 Communities and Development*2,727,622*469,000*3,196,622 `t+1 `tc1 Health and Human Services*** Office of the Secretary*57,341,711*7,361,784*64,703,495 Division of Medical Assistance*1,931,923,976*65,000,000*1,996,923,976 Rate Setting Commission*12,268,549*-*12,268,549 Massachusetts Commission for the*** Blind*2,261,052*-*2,261,052 Massachusetts Rehabilitation*** Commission*40,000*-*40,000 Commission for the Deaf and*** Hard of Hearing*540*70,000*70,540 Office for Children*626,875*-*626,875 Soldiers' Homes*11,223,585*220,000*11,443,585 Department of Youth Services*60,354*-*60,354 Department of Transitional*** Assistance*391,906,906*70,000,000*461,906,906 Department of Public Health*2,480,425*84,036,432*86,516,857 Department of Medical Security*600,000*-*600,000 Department of Social Services*132,658,491*26,000,000*158,658,491 Department of Mental Health*56,261,482*125,000*56,386,482 Department of Mental*** Retardation* 277,572,169* - * 277,572,169 Total, Health and Human*** Services*2,877,226,115*252,813,216*3,130,039,331 `t+1 `tc1 Transportation and Construction*** Office of the Secretary*441,809*27,345*469,154 Massachusetts Aeronautics Commission*275,000*-*275,000 Highway Department*8,727,500* - *8,727,500 Total, Transportation and*** Construction*9,444,309*27,345*9,471,654 `t+1 `tc1 Board of Library Commissioners*1,114*-*1,114 `t+1 `tc1 Education*** Department of Education*1,824,027*-*1,824,027 Higher Education*153,025,018*150,000*153,175,018 Total, Education*154,849,045*150,000*154,999,045 `t+1 `tc1 Public Safety*** Office of the Secretary*300,000*30,000*330,000 Criminal History Systems Board*500,000*-*500,000 Board of Building Regulations*200,000*-*200,000 Architectural Access Board*14,000*-*14,000 Department of Police*626,000*15,200,000*15,826,000 Criminal Justice Training Council*980,200*-*980,200 Department of Public Safety*21,157,495*-*21,157,495 Massachusetts Firefighters' Academy*3,000,000*-*3,000,000 Registry of Motor Vehicles*292,559,732*6,762,500*299,322,232 Merit Rating Board*158,000*-*158,000 Military Division*1,000*185,000*186,000 Emergency Management Agency*657,669*-*657,669 Governor's Highway Safety Bureau*140,000*-*140,000 Department of Corrections* 3,752,160* 4,160,847* 7,913,007 Total, Public Safety*324,046,256*26,338,347*350,384,603 `t+1 `tc1 Economic Affairs*** Office of the Secretary*35,751,827*-*35,751,827 Department of Employment and*** Training*3,000*-*3,000 Division of Energy Resources* 580,000*-* 580,000 Total, Economic Affairs*36,334,827*-*36,334,827 `t+1 `tc1 Elder Affairs*190,000*3,000,000*3,190,000 `t+1 `tc1 Consumer Affairs*** Office of the Secretary*5,000*-*5,000 State Racing Commission*2,336,935*-*2,336,935 Alcoholic Beverages Control*** Commission*1,480,455*-*1,480,455 Cable Television Commission*2,533,800*-*2,533,800 Division of Standards*1,150,300*-*1,150,300 Division of Banks*10,761,401*-*10,761,401 Division of Insurance*24,104,497*-*24,104,497 Division of Registration*12,761,349*-*12,761,349 Board of Medicine*2,240,000*-*2,240,000 Department of Public Utilities* 8,914,394*-* 8,914,394 Total, Consumer Affairs*66,288,131*-*66,288,131 `t+1 `tc1 Labor*** Department of Labor*978,237*-*978,237 Board of Conciliation and*** Arbitration*50,000*-*50,000 Department of Industrial Accidents*21,734,578*-*21,734,578 Total, Labor*22,762,815*-*22,762,815 `t+1 `tc1 Legislature*19,850*-*19,850 `tc1=1,78,tur;temp `t+1 `tc1 Total*4,411,144,329*736,263,527*5,147,407,856 `tcol;end `t+1

SECTION 1C. 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 in section four 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 in said section four 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.

The comptroller is hereby authorized and directed to withhold payments and refuse to approve expenditures for any such reporting entity which, upon certification by the chairman of the house committee on ways and means, has not responded to a documented request from the said committee for the submission of the performance measurement information required by this section ten days following the reporting deadlines established herein. `t+1 `tuc SECTIONS TWO THROUGH SIX NOT CREATED USING DBMS CONTACT ANNE SWEETNAM IF FURTHER INFORMATION IS REQUIRED.

SECTION 7. Notwithstanding the provisions of clause Forty-first of section seven of chapter four of the General Laws or any other general or special law to the contrary, the commissioner of revenue or any other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section twenty-five A of chapter fifty-eight of the General Laws shall use the nineteen hundred and ninety-two city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under said local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the chapter seventy school aid program and regional public libraries. Such assessments shall include but not be limited to Air Pollution Control Districts; the Metropolitan Area Planning Council; the Old Colony Planning Council; the Massachusetts Bay Transportation Authority, and any other entity for which said commissioner is required to give notice pursuant to said section twenty-five A.

SECTION 8. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

SECTION 9. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts, including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, waste water treatment, and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said projects as may be required; provided, that the salaries and administrative expenses shall be charged to the accounts funding the project. Said charges shall not exceed two percent of the following appropriation accounts: 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-8801, 1102-8819, 1102-8847, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895, 1102-8897, 1102-8899 and 1102-9802.

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer is hereby authorized to pay for items under section thirty-eight C of chapter twenty-nine of the General Laws from items 0699-0015 and 0699-9100; provided, that such payments pertain to the bonds, notes, or other obligations authorized to be paid from each item.

SECTION 11. All sums appropriated under the provisions of this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.

Each agency, board or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by the said secretary, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor, and to the Massachusetts commission against discrimination. The secretary of administration shall report on the status of each agency, board, or division of the commonwealth receiving monies under this act, including supplemental and deficiency budgets, compliance or noncompliance with their affirmative action policy to the joint committee on public service and the joint committee on commerce and labor on or before December first, nineteen hundred and ninety-five.

SECTION 12. Section 180 of chapter 6 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "therefor", in line 33, the following words:- and accept gifts, contributions and bequests of funds, equipment and property from individuals, organization, and government entities,.

SECTION 13. The fifth paragraph of said section 180 of said chapter 6, as so appearing, is hereby amended by striking out clause (4) and inserting in place thereof the following two clauses:-

(4) compile and maintain an inventory of underwater archaeological resources reported and recovered under the provisions of this section and section sixty-three of chapter ninety-one, which shall be a public record; and

(5) designate underwater archaeological preserves to provide special protection to those underwater archaeological resources of substantial historical value reported under the provisions of this section and section sixty-three of chapter ninety-one.

SECTION 14. Chapter 6 of the General Laws is hereby further amended by striking out sections 182B and 182C, inserted by chapter 470 of the acts of 1993, and inserting in place thereof the following two sections:-

Section 182B. The Schooner Ernestina commission is hereby authorized and empowered:

(a) to hold, administer, operate, preserve and maintain said vessel for educational or training purposes. Said vessel shall serve as the official vessel of the commonwealth and it may participate in tourism activities in cooperation with the advisory commission on vacation travel;

(b) to authorize the vessel to ply the oceans, seas, and all navigable waters and to fly the flag of the commonwealth; provided, however, that said vessel shall not be used for commercial fishing;

(c) to charge fees or tuition to students, trainees, sailing cadets or others who are carried on voyages or trips for educational or training purposes;

(d) to charge fees to passengers for excursions and tours;

(e) to develop educational programs including exhibitions and dockside tours of the vessel and to charge and receive admission fees from the public for provisions of such services;

(f) to retain and expend without further appropriation any fees, tuitions, and revenues received under the provisions of clauses (c), (d) and (e). All monies retained and expended shall be reported to the secretary of administration and finance, the department of environmental management and the house and senate committees on ways and means;

(g) to receive and expend without further appropriation from both municipal and federal agencies, as well as private foundations, grants to support the operations, preservation and maintenance of said vessel and to receive and accept contributions from any source of either money, property, labor or other things of value, to be used for the purposes for which said grants and contributions may be made;

(h) to hire, as needed, professional staff to assist with the operation of the vessel;

(i) to contract out, with private and not for profit organizations, the operations and maintenance of the vessel;

(j) and directed to establish fees and tuitions pursuant to clauses (c), (d), (e), and (f) at a level sufficient to ensure the continued operation, preservations and the maintenance of the Schooner Ernestina. The commission is hereby further authorized and directed to establish a business and spending plan detailing revenues of and expenditures by said commission which plan shall ensure the continued operation, preservation, and maintenance of the Schooner Ernestina. Said plan shall be filed annually on or before March first, to the state auditor, the secretary of administration and finance, the department of environmental management and the house and senate committees on ways and means.

Section 182C. The Schooner Ernestina commission shall have the technical and professional support of the department of environmental management and will work jointly with said agency so that operational and managerial responsibilities authorized and empowered to the commission herein follow applicable state laws, regulations and policies. The state auditor is hereby authorized and directed to conduct a biennial audit of the commission's books and accounts which audit shall be sent to the governor, the department of environmental management, the commissioner of the department of revenue and the house and senate committees on ways and means. Said audit shall be a public record. The home berth of the said vessel shall be in the port of the city of New Bedford.

SECTION 15. Section 192 of said chapter 6, as appearing in the 1992 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The commission may apply for and accept on behalf of the commonwealth any federal or local grants to aid in the financing of any programs or policies of the commission. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a special account and may be expended, subject to appropriation. The commission may also apply for and accept on behalf of the commonwealth any private grants, bequests, gifts or contributions to further aid in the financing of programs or policies of the commission. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a special trust account for the commission and may be expended, without further appropriation, under the direction of the commissioner. Such special trust account shall be subject to annual audit by the state auditor.

SECTION 16. Section 196 of said chapter 6, as so appearing, is hereby amended by striking out the second paragraph, as amended by section 20 of chapter 60 of the acts of 1994, and inserting in place thereof the following paragraph:-

Departments and agencies of the commonwealth and other public and private agencies and individuals shall reimburse the commission where so required by the commission's regulations for the compensation and travel expenses of any interpreter appointed by the commission pursuant to this section, but said departments, agencies and individuals shall not reimburse the commission for indirect costs or fringe benefits paid to such interpreter. The commission is authorized to treat reimbursements of prior year expenditures for the services of interpreters as reimbursements of current year expenditures for such services. Monies collected under the provisions of this section shall be deposited in a retained revenue account and shall be expended, subject to appropriation, to purchase interpreter services. Said retained revenue account shall be subject to biennial audit by the state auditor.

SECTION 17. Section 1 of chapter 6B of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the definition of "Disproportionate share hospital" the following definition:-

"Division", the division of medical assistance established under section sixteen A of chapter six A.

SECTION 18. Sections forty-three J and forty-three K of chapter seven of the General Laws are hereby repealed.

SECTION 19. Chapter 7A of the General Laws is hereby amended by adding the following section:-

Section 17. The rules and regulations promulgated by the comptroller pursuant to section fifteen shall include a provision that interdepartmental and interagency service agreements shall only be approved when (1) the buyer department or buyer agency is statutorily authorized or required to procure a service which it is demonstrably unable to provide and the seller department or seller agency is statutorily authorized or required to provide the type of goods or services and demonstrably able to provide such goods or services or (2) the buyer department or buyer agency is statutorily authorized or required to procure a service which it is demonstrably able to provide and the seller department or seller agency is able to provide such goods or services in a more cost efficient or higher quality manner.

SECTION 20. Chapter 8 of the General Laws is hereby amended by inserting after section 9 the following section:-

Section 9A. The state superintendent of state office buildings is hereby authorized and directed to establish and charge a fee or service charge to non-governmental individuals, entities and groups using the state house during non-business hours for meetings, receptions or exhibits. The superintendent or his designee shall establish such fees or charge based upon the actual cost of use including personal requests for security preparation and cleanup and utilities used, as well as compensation for wear on the building. The superintendent or his designee shall also have the authority in his discretion to require non-government entities to enter into a written agreement indemnifying the commonwealth against any claims for casualty liability and may require the posting of an insurance bond. All monies received by the superintendent under this section shall be by check made payable to the State House Special Event Fund and shall be deposited in the State House Special Event Fund established by section thirty-five N of chapter ten; provided, however, that said superintendent may retain an amount not to exceed fifty thousand dollars to be expended after consultation with the state secretary for educational and cultural programs at the state house.

SECTION 21. Chapter 8 of the General Laws is hereby further amended by striking out section 20, as amended by section 8 of chapter 495 of the acts of 1993, and inserting in place thereof the following section:-

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

For the purpose of maintaining the old provincial state house in Boston as an historic and patriotic memorial and of providing such appropriate educational programs interpreting its importance and relevance, there shall be allowed and paid out of the treasury of the commonwealth to the Bostonian Society, a charitable corporation organized under the laws of the commonwealth, the sum of seventy-five thousand dollars annually. The said society shall expend such funds in the furtherance of the above purposes and shall report annually to the governor and the general court as to the specific purposes for which they were expended. The governor, the lieutenant-governor and members of the senate and house of representatives, for the time being, shall, upon presentation of the proper credentials, have free access to the old state house museum at all times, under the same regulations as may be provided by the by-laws of the society for the members thereof.

SECTION 22. Section 60 of chapter 10 of the General Laws is hereby amended by striking out the fourth sentence, as appearing in section 1 of chapter 490 of the acts of 1993, and inserting in place thereof the following sentence:- The fund may incur a negative balance in anticipation of revenues to be received; provided, however, that the fund is balanced or has a plan to be balanced by March first, nineteen hundred and ninety-eight.

SECTION 23. Section 15 of chapter 12 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the words "seventy-two thousand five hundred" and inserting in place thereof the following words:- ninety thousand two hundred and ninety.

SECTION 24. Said section 15 of said chapter 12, as so appearing, is hereby further amended by striking out words "ninety thousand two hundred and ninety", inserted by section twenty-three of this act, and inserting in place thereof the following words:- ninety-five thousand seven hundred and ten.

SECTION 25. Section 1A of chapter 14 of the General Laws is hereby amended by adding the following paragraph:-

The division shall establish a fund for child support payments for which the division, having adequately and thoroughly attempted, has been unable to determine the appropriate recipient of said payments. Said fund shall be called The Unidentified Child Support Payment Fund and notwithstanding any general or special act to the contrary, the division shall expend at the beginning of each fiscal year, the previous fiscal year's receipts equally between: an out-of-state extradition program for parents in arrears of more than five thousand or any amount that is a year in arrears in court ordered child support payments; the funding of an Unidentified Child Support Payment Fund Task Force to further investigate unidentified payments; and to fund a grant program for child support recipients owed more than five thousand dollars in court ordered child support payments. The division shall, on an annual basis, determine a grant formula for said program commensurate with the amount owed per recipient; eligibility for assistance under the aid to families with dependent children program shall not be altered by receipt of said grant monies.

SECTION 26. Chapter 15 of the General Laws is hereby amended by striking out section 54, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 54. (a) The board may contract with school districts, head start agencies, and other child care providers to provide early care and education opportunities to three-year-old and four-year-old children of working parents. Pursuant to this section, the department shall seek to increase the availability of early care and education services and to encourage all local providers of such services to work together to create an array of options allowing families to select programs that fit with their schedules. Not less than one-third of the total slots funded shall provide full-day, full-year care that meets the needs of parents who work full-time. All slots funded pursuant to this section shall be in addition to existing services and shall be responsive to the needs of working parents.

(b) The board may establish standards for pre-kindergarten programs delivering services pursuant to this section, and said standards shall meet or exceed the existing standards of the office for children for programs which serve three- and four-year-old children in whole and half day programs. The board shall collaborate with the Office for Children, the Massachusetts Association of Day Care Agencies, Parents United for Child Care, the Young Men Christian Associations of Massachusetts, the Massachusetts Independent Child Care Organization, and Head Start to develop, for said programs, a common set of standards and licensing procedures built around the National Academy of Early Childhood Programs accreditation process; provided that said procedures may include regulations regarding physical facilities and equipment that shall be the minimum standards for said programs notwithstanding stricter provisions of the existing regulations promulgated by the office for children.

(c) There shall be not more than one proposal submitted for each town. The proposal shall be developed by a community partnership council comprised of a principal, three individuals who provide care and education to young children, two parents of young children, a member of the local resource and referral agency, a representative of the local head start agency, a representative of private providers of child care, and others with experience in the care and education of young children. The council shall select a lead agency, which may be the school district, a head start agency, or a licensed child care agency. Council members shall be broadly representative of the racial and ethnic diversity of the community. The council shall develop a proposal which the lead agency shall submit to the department. Each member of the council may include comments in the final proposal submitted to the department.

(d) The lead agency may subcontract with other public and private agencies to provide services; provided that any teacher employed by the contracting school district in pre-kindergarten and kindergarten is not displaced as a result of such contract.

(e) Proposals shall describe how the services provided will meet the needs of working parents in the local community. Proposals should include a mix of programs: full-day, full-year programs to meet the needs of parents who work full time; part-day programs operating during different parts of the day to serve parents with various work schedules; and other options the local council determines will allow the system to best serve the needs of parents and children. Community partnership councils are encouraged to develop collaborative programs that coordinate services from various providers whenever such coordination can facilitate the efficient provision of early care and education services. Community partnership councils are further encouraged to develop proposals that include linkages with other human services agencies and which seek to combine a number of funding sources. Other agencies and programs may include, but are not limited to, state and federal nutrition programs and public health programs.

(f) All funds provided pursuant to this section shall provide services to children of working parents. For purposes of this section, "children of working parents" shall include any child of a two-parent family in which both parents work either full-time or part-time, and any child of a single-parent family in which the parent works either full-time or part-time; provided, however, that a child of working parents admitted to a program shall be allowed to remain in that program for the remainder of the year regardless of whether said child's parents continue to be working parents.

(g) Funds provided pursuant to this section shall not be used to provide services to those eligible for child-care services provided by the department of transitional assistance; provided, however, that local councils shall seek to coordinate programs funded by this section with services funded or operated by the department of transitional assistance and other sources, including Head Start, Title 1 of the elementary and secondary education act, the department of social services, special education departments of local schools, and full-fee-paying parents. The department shall work in conjunction with the department of transitional assistance to obtain federal reimbursement pursuant to title IV-A of the Social Security Act for all participants in publicly funded early care and education programs who are eligible for such reimbursement. The department, in cooperation with the executive office of human services, shall assure that early care and education services are no less available in the aggregate to the children of disabled parents than they are to the children of non-disabled parents.

(h) Families with incomes below the statewide median income level shall be given priority for all services provided pursuant to this section. Families receiving services pursuant to this section shall make payments in accordance with the sliding scale fee schedules promulgated by the executive office of human services, without regard for the eligibility standards established by said executive office.

(i) Proposals pursuant to this section shall include the following: a statement of need; a description of unmet needs and existing resources; program objectives and implementation plan; evaluation components; contractual arrangements with other service providers; and linkages and funding arrangements with other public or private agencies. All programs providing services pursuant to this section shall seek accreditation from the National Academy of Early Childhood Programs. Proposals that include costs for training shall describe the type of training to be provided and an explanation of how that training will improve the services provided.

(j) The board shall establish an early childhood office which shall have the following functions with respect to programs that are operated by school districts, excluding any subcontractors that are not school districts: developing program standards for early childhood programs, and teacher certification standards for those early childhood teachers who are required to receive such certification. The office may also provide technical assistance to other providers of early care and education services under this section and administer the program established by this section.

(k) The board shall appoint a state advisory council on early care and education. Members of the advisory council may include, but are not limited to, teachers, parents, representatives of state human service agencies, private providers of child care, higher education, business, labor, and government. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall conduct a comprehensive study of future trends in early care and education, including the provision of services for children from birth to age three, and shall examine all early care and education services provided by the state to evaluate which populations have the greatest need for services, to what degree those populations are served by the program created by this section as well as by other existing services, and shall develop strategies for serving all unserved segments of the population. The council shall report its findings to the board not later than January first of each odd-numbered year. In addition, the advisory council shall review early care and education program evaluations, certifications and program standards, and make recommendations to the board on needed program changes. The board shall report on the progress of the early care and education program and make recommendations to the general court by filing the same with the clerks of the house of representatives and of the senate on or before June thirtieth of each year.

SECTION 27. Section 9 of chapter 15A of the General Laws, as so appearing, is hereby amended by inserting after the word "institutions", in lines 112 and 113, the following words:- ; provided, however, that insofar as the Massachusetts Maritime Academy is designated a regional maritime academy by the United States maritime administration, residents of the states comprising the designated region and attending the Massachusetts Maritime Academy shall be considered Massachusetts residents for the purposes of admission and tuition.

SECTION 28. Said section 9 of said chapter 15A, as so appearing, is hereby amended by inserting after the word "HEFA", in line 188, the following:- ; (cc) administer a program, subject to appropriation, to provide no-interest loans to undergraduate students domiciled in the commonwealth, enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education. Such assistance shall consist of full or partial loans to students in need of assistance. Repayment shall commence within six months of graduation or termination of studies; provided, that no repayment schedule shall exceed a term of ten years. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of payment, deferment options, provisions for default, and a maximum and minimum loan award as determined by an indexing system.

SECTION 29. Said chapter 15A is hereby further amended by inserting after section 9A the following section:-

Section 9B. There shall be a program, subject to appropriation, of needs-based financial assistance, administered by the higher education coordinating council, to provide full or partial scholarships for residents of the commonwealth enrolled in and pursuing a part-time or full-time program of higher education in any of the public institutions of higher education in the commonwealth. The council shall establish guidelines to govern said program. Said guidelines shall be filed with the house and senate committees on ways and means and the joint committee on education, arts and humanities within thirty days of the approval by the council of said guidelines.

SECTION 30. Section 16 of said chapter 15A, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 47 to 49, the words ", and provided, further, that students receiving such aid shall be ineligible for additional scholarship assistance provided by the commonwealth".

SECTION 31. Subsection (a) of section 29 of said chapter 15A, 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 will 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 not 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 32. Section 39 of said chapter 15A, inserted by section 23 of chapter 71 of the acts of 1993, is hereby amended by adding the following sentence:- For the purpose of encouraging the enrollment of nonpublic secondary school students in the system of public institutions of higher education, such students shall be eligible to participate in the program established by this section; provided, however, that the crediting of such attendance for the purpose of receiving a high school diploma shall be in the sole discretion of the nonpublic school.

SECTION 33. Chapter 18 of the General Laws is hereby amended by striking out section 5G, as most recently amended by section 9 of chapter 161 of the acts of 1993, and inserting in place thereof the following section:-

Section 5G. As used in this section, the following words shall have the following meanings:-

"Claimant", any person who suffers any loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation, or any other third party.

"Third party", any individual, agency, program, entity or insurer, including but not limited to the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

"Date of the loss", the date on which the property damage, accident, illness, injury, or other incident occurs.

When any claimant receives payment from a liability or workers' compensation insurer or any other third party, the claimant shall repay to the department and the division of medical assistance the total of all public assistance benefits, both financial and medical, provided by said agencies on or after the date of the loss to or on behalf of the claimant, the claimant's spouse or children, and any other individual the claimant is required by law to support; provided, however, that on the date of the loss the claimant was already eligible for medical assistance benefits, the claimant shall repay only medical assistance required and any increase in financial assistance that occurred as a result of the accident, illness, injury, or other incident.

The application for and receipt of benefits recoverable under this section shall, after notice to the third party, operate as a lien to secure repayment against monies which may be provided by said third party up to the amount of such benefits. Notwithstanding the foregoing, the department and the division of medical assistance may also perfect their right to a lien against any monies which may come into possession of the claimant's attorney by giving notice to said attorney.

If the monies available for repayment are insufficient to satisfy in full any competing claims of both the department and the division of medical assistance, the department and the division shall each be entitled to its respective pro rata share of such monies as are available.

Any person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

A claimant shall, within ten calendar days, notify the department in writing upon commencement of a civil action or other proceeding to establish the liability of any third party or to collect monies payable under accident, liability, or health insurance, workers' compensation, or from any other third party or source.

The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against any third party and to a claimant's claim for monies to the extent of assistance provided under chapters one hundred and seventeen, one hundred and eighteen, or one hundred and eighteen E. The commonwealth shall also have a separate and independent cause of action to recover, from any third party, assistance provided to a claimant under said chapters, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by it, commence a civil action or other proceeding to establish the liability of any third party or to collect such moneys, or may intervene as of right in any civil action commenced by a claimant against a third party.

Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the department to pursue its rights under this section shall be grounds for termination of benefits.

SECTION 34. Chapter 19C of the General Laws is hereby amended by adding the following section:-

Section 13. Upon the death of any disabled person whose caretaker was a state agency or an agency of any subdivision of the commonwealth or a private agency contracting with the commonwealth, said caretaker agency shall immediately orally notify the commission and local law enforcement officials of such death, and shall forward to the commission and local law enforcement officials a written report of such death within twenty-four hours of the death. Said report shall contain the name of the disabled person, the name of the facility in which that person resided, and the facts and circumstances of the death. The commission shall take all appropriate measures regarding the report pursuant to its authority under this chapter, including investigating the death, and shall determine whether the cause of death is related to abuse. If it is determined that the death is related to abuse, the commission shall conduct further investigation, or shall oversee further investigation, pursuant to the provisions of this chapter.

SECTION 35. Chapter 20 of the General Laws is hereby amended by inserting after section 6A the following section:-

Section 6B. There shall be in the department a committee to be known as the equine advisory committee which shall consist of seven members to be appointed by the commissioner. Two members shall be nominated by the Massachusetts Farm Bureau Federation, one by the Massachusetts Association of Stable Owners, Operators and Instructors, one by the Massachusetts Horsemen's Council, one by the Yankee Draft Horse Association, and one each representing the standardbred and thoroughbred breeding industry in the commonwealth. Of the members first appointed hereunder, one shall be appointed for a term of one year, two for a term of two years, one for a term of three years, two for a term of four years, and one for a term of five years, and until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The committee shall elect its own chairman and clerk, and shall keep accurate records of its meetings. The members of the committee shall serve without compensation and shall meet at least annually to advise the commissioner on matters related to the viability of equine agriculture in the commonwealth.

SECTION 36. Chapter 21 of the General Laws is hereby amended by striking out sections 2 and 2A, as appearing in the 1992 Official Edition, and by inserting in place thereof the following section:-

Section 2. The department shall be under the control of the board which shall consist of nine members. Each member shall be appointed by the governor for a term of four years to commence on the date on which such appointment is made, except that the first members appointed by the governor to the board shall be appointed for the following terms: three members for a term of four years, three members for a term of three years, and three members for a term of two years. Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated. No more than five members of said board shall be of the same political party, and no member may be reappointed for more than two consecutive terms.

Five of the nine members of said board shall be selected with due consideration to geographical distribution; provided, that, of said five members, one shall have experience and expertise in municipal fire detection and control, one member shall have experience and expertise as an arborist, one member shall be a representative of a labor organization whose interests and employment directly and continually relate to the scope and activity of the department, one member shall have expertise and experience in passive recreational activities. Of the remaining four members to be chosen at-large, two shall be active members of a non-profit, community based organization which is directly affiliated with a department facility. The commissioner shall request each of the boards of trustees or directors of the Massachusetts Audubon Society, the Massachusetts chapter of the Sierra Club, the Trustees of Reservations, and the Environmental League of Massachusetts to nominate three candidates each for the remaining two members of the board. The governor shall appoint the eighth and ninth members of the board from among the candidates recommended by the commissioner from the list of nominations provided by the aforementioned organizations. The governor shall make all appointments within sixty days of a vacancy.

SECTION 37. Section 4B of chapter 21 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the division of forests and parks a bureau of forest fire control under the direction and control of a chief fire warden, a bureau of forestry under the direction and control of a chief forester and a bureau of recreation under the direction and control of a chief of recreation.

SECTION 38. Section four C of said chapter twenty-one is hereby repealed.

SECTION 39. Section 4F of said chapter 21, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 1, the words "forest development" and inserting in place thereof the following word:- forestry.

SECTION 40. Said section 4F of said chapter 21, as so appearing, is hereby further amended by inserting after the word laws, in line 8, the following words:- and shall be responsible for shade tree management, arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two, subject to the approval of the director and, notwithstanding the provisions of any general or special law to the contrary, the bureau may require all tree spraying or other treatment performed by other departments, agencies or political subdivisions to be carried out under its direction. The bureau may promulgate rules and regulations to carry out its duties and powers. It shall assume the responsibilities of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire, shade tree and pest control units in their respective collective bargaining units at the time of this consolidation to the bureau of forestry shall remain in their respective collective bargaining units.

SECTION 41. Chapter 21 of the General Laws is hereby amended by inserting after section 7H the following section:-

Section 7I. It shall be the responsibility of the division to provide technical assistance and advice regarding the control or elimination of damage by moose or deer to property which is deemed to be actively devoted to agricultural or horticultural uses as defined by sections one and two of chapter sixty-one A. The director of the division, or his designee, shall respond to all requests for assistance made under the provisions of this section within fifteen days of the receipt of such requests.

SECTION 42. The first paragraph of section 8 of chapter 21J of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of any other general or special law to the contrary, no board member shall be disqualified or prohibited from participating, as a board member, in any particular matter by reason of the financial interest, in any enterprise engaged in the petroleum business, or in the business of supplying insurance coverage or services or banking services to any petroleum business, of any of the following persons or entities: the board member, his immediate family, his partner or a business organization in which he is serving as officer, director, trustee, partner or employee; provided, however, that no board member shall participate in any particular matter relating to an application or claim for reimbursement where, to his knowledge, any of such persons or entities or their business competitors or any persons or entities with which they have a contractual relationship relating to business or commercial insurance or to commercial loans, has applied for, is to receive, or expects to receive, directly or indirectly, all or any portion of the proceeds of any such application or claim; and provided, further, that the terms used in this sentence shall have the meanings assigned to them by section one of chapter two hundred and sixty-eight A.

SECTION 43. Section 9P of chapter 23 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

An administrative law judge or hearing officer who has been employed by the labor relations commission for at least one year shall not arbitrarily or capriciously be subjected to termination, an adverse performance review or other form of personnel action that adversely impacts his continued employment. Any administrative law judge or hearing officer aggrieved by one or more of the aforementioned personnel actions may seek review of that personnel action within thirty calendar days after receiving written notice of the personnel action and the reasons therefore, by filing a petition for arbitration with the American Arbitration Association. The American Arbitration Association shall process such petition for arbitration in accordance with its Voluntary Labor Arbitration Rules and the arbitration shall be conducted pursuant to said rules, with the employee and the commission participating as parties in the arbitration proceeding. The arbitrator shall determine whether the personnel action was arbitrary or capricious and, if so, what the appropriate remedy should be. The fees of the American Arbitration Association and the arbitrator shall be divided equally among the parties involved in the arbitration. The decision rendered by the arbitrator shall be subject to judicial review as provided in chapter one hundred and fifty C.

SECTION 44. Chapter 29 of the General Laws is hereby amended by striking out section 2AA, inserted by section 50 of chapter 60 of the acts of 1994, and inserting in place thereof the following section:-

Section 2AA. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the State Building Management Fund. The purpose of said fund shall be to provide for the operational expenses, repair, maintenance and any other costs associated with the state transportation building, the Springfield state office building and the Chelsea information technology building. There shall be credited to said fund all revenues received by the commonwealth from the leasing, operation, granting of concessions or other use of the state transportation building, the Springfield state office building and the Chelsea information technology building, including, without limitation, fees paid by state agencies for use and occupancy of space within said buildings, rental payments from private tenants, license fees, parking fees and revenues of any other kind. The division of capital planning and operations may enter into a contract with a public or private entity with experience in operating building facilities for the provision of building management services at the state transportation building. Said division shall have the responsibility for building management services at the Springfield state office building and the Chelsea technology information building. All expenditures made from this fund shall be subject to appropriation.

SECTION 45. Said chapter 29 is hereby further amended by inserting after said section 2AA the following section:-

Section 2BB. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Assisted Living Administrative Fund. The purpose of said fund shall be to provide for the personnel and operational expenses and any other costs associated with the regulation of the assisted living industry by the executive office of elder affairs, pursuant to section four of chapter nineteen D. There shall be credited to said fund all revenues received by the commonwealth from fees for the certification of assisted living residences established pursuant to said section four. Monies deposited in said fund may be expended by the secretary of elder affairs subject to appropriation. The secretary shall submit quarterly to the house and senate committees on ways and means a report of the activities of said fund, including the number of assisted living units certified, the expenditures for personnel and operational costs, and the revenues accrued to the fund.

SECTION 46. Said chapter 29 is hereby further amended by inserting after said section 2BB the following section:-

Section 2CC. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Reggie Lewis Track and Athletic Center Building Fund. Said fund shall consist of all user fees collected as a result of the use of the Reggie Lewis Track and Athletic Center, the commissions received from concession stands, and all other fees paid to Roxbury community college as a result of the use of the Reggie Lewis Track and Athletic Center. The monies in the fund shall be expended subject to appropriation for equipment repair and maintenance and for operating expenses associated with the Reggie Lewis Track and Athletic Center; provided, however, that no monies shall be expended from the fund for the compensation of employees.

SECTION 47. Said chapter 29 is hereby further amended by inserting after section 3A the following section:-

Section 3B. Every officer having charge of any state agency which receives a periodic appropriation from the commonwealth, including all periodic appropriations to be met from state revenues shall annually, on or before a date set by the commissioner, submit to the budget director and the house and senate committees on ways and means, in addition to the statements required in section three, agency revenue projections and projections of the amounts required for ordinary maintenance for the subsequent fiscal year. Failure to comply with the provisions of this section shall subject such officer to the penalties of section sixty-six.

SECTION 48. Said chapter 29 is hereby further amended by inserting after section 6D the following section:-

Section 6E. Whenever the comptroller certifies that a balance remains unexpended at the end of the fiscal year in any item of appropriation in section two or two A of an appropriation act, said balance shall revert proportionately to the funds to which said item is charged.

SECTION 49. Section 7H of said chapter 29, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 45, the word "sixty" and inserting in place thereof the word:- fourteen.

SECTION 50. Section 13 of said chapter 29, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

That portion of an appropriation for ordinary maintenance representing encumbrances outstanding on the records of the comptroller's office at the close of the fiscal year may be applied to the payment thereof in the two months immediately succeeding such fiscal year; provided, however, that the state budget director at the written request of the spending agency may, prior to the close of said two months, extend for one additional month the recorded encumbrances outstanding and the funds reserved therefor, by furnishing the comptroller with a copy of such request and the approval thereof.

SECTION 51. Section 29 of said chapter 29, as so appearing, is hereby amended by inserting after the word "office", in line 13, the following words:- ; provided, however, that in no case may such interchange include transfer into or out of the AA subsidiary account, so-called.

SECTION 52. Group 4 of paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, as amended by chapter 139 of the acts of 1993, is hereby further amended by inserting after the words "correctional facilities" the following words:- ; assistant district attorneys who have been employed in such capacity for ten years or more.

SECTION 53. Section 20 of said chapter 32, as appearing in the 1992 Official Edition, is hereby amended by adding the following subdivision:-

(6) Retirement Board Members Compensation. - (a) The elected and appointed members of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of three thousand dollars per annum; provided, however, that said stipend shall be paid from such funds under the control of said board as shall be determined by the public employee retirement administration; and, provided further, that the ex-officio member of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of not more than three thousand dollars per annum in the aggregate for services rendered in the active administration of the retirement system.

SECTION 54. The second paragraph of section 4 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The group insurance commission shall not negotiate, purchase or execute contracts with any health maintenance organization, as defined by section one of chapter one hundred and seventy-six G, unless (1) the health maintenance organization applies to participate in the medical assistance program established under chapter one hundred and eighteen E and, if accepted for such participation, enrolls recipients of such program in accordance with the contract between the division of medical assistance and the health maintenance organization and all other applicable laws and regulations, or (2) the division certifies to the commission that the health maintenance organization has made a good faith effort to participate in the medical assistance program.

SECTION 55. Chapter 32A of the General Laws is hereby amended by inserting after section 8 the following section:-

Section 8A. The secretary of administration and finance is hereby authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of that agency who are on leave of absence for a period of more than one year and to notify the comptroller of such charges and such leaves of absence. The comptroller is hereby authorized and directed to transfer said amounts to the General Fund.

SECTION 56. Section 2 of chapter 38 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The chief medical examiner, with approval of the secretary of the executive office of public safety, shall promulgate rules for the disclosure of autopsy reports, which shall not be deemed to be public records, to those who are legally entitled to receive them. The chief medical examiner, with the approval of said secretary, may establish fees for providing autopsy reports to those who are legally entitled to receive them. Neither the chief medical examiner, nor any employee of the office of the chief medical examiner, shall be subject to civil or criminal liability for lawfully disclosing an autopsy report or any part thereof, pursuant to the rules concerning the disclosure of autopsy reports promulgated under this section, to anyone legally entitled to receive it.

SECTION 57. Section 4A of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word "sixty-one B", in line 30, the following words:- , a water and sewer commission established under the provisions of chapter forty N or of a special law.

SECTION 58. Section 39H of said chapter 40, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words "repair and maintenance of the physical properties" and inserting in place thereof the following words:- administration, repair and maintenance.

SECTION 59. Section 8 of chapter 40N of the General Laws, as so appearing, is hereby amended by inserting after the word "chapter", in line 127, the following words:- , including entering into agreements with other cities, towns or commissions to provide for the joint operation of public activities in accordance with section four A of chapter forty.

SECTION 60. Section 8 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out clause (22) and inserting in place thereof the following clause:-

(22) For the construction of incinerators, refuse transfer facilities, recycling facilities, composting facilities, resource recovery facilities or other solid waste disposal facilities, other than landfills, for the purpose of disposing of waste, refuse and garbage, twenty-five years; provided, however, that no indebtedness shall be incurred hereunder until plans relating to the project shall have been submitted to the department of environmental protection and the approval of said department has been granted therefor.

SECTION 61. The last paragraph of section 21A of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The city, town, or regional school district shall notify the department of education in the event that bonds or notes issued for an approved school project under chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight are refunded under this section and the amount of the state construction grant payable to the city, town, or regional school district shall not be affected by any increase in the amount of interest payable on the refunding bonds or notes, but shall be affected by any decrease in the amount of interest payable on the refunding bonds or notes for school building projects approved after July first, nineteen hundred and ninety-five.

SECTION 62. Said chapter 44 is hereby further amended by striking out section 72, inserted by section 17 of chapter 50 of the acts of 1993, and inserting in place thereof the following section:-

Section 72. Notwithstanding the provision of any general or special law to the contrary, cities, towns or regional school districts may receive federal funds for services which are medically necessary and which are otherwise reimbursable under the program of medical care and assistance established under chapter one hundred and eighteen E pursuant to policies, procedures and criteria established by the division of medical assistance; provided, however, that the city, town or regional school district, or any school committee therein, is responsible or assumes responsibility, along with the department of education, for payment of the full state share of the cost of such services under said program for medical care and assistance. Such federal reimbursement shall be distributed as follows: (1) one-half of the federal reimbursement received by the commonwealth which is attributable to services which are reimbursable medical services provided to students who are in residential special education programs pursuant to the provisions of chapter seventy-one B shall be returned to the city, town, or regional school district responsible or assuming responsibility for the costs of such services; (2) one-half of the federal reimbursement received by the commonwealth and attributable to services which are reimbursable medical services provided to students who are in residential special education programs pursuant to the provision of chapter seventy-one B shall be received by the commonwealth and deposited into the General Fund; and (3) one hundred percent of the federal reimbursement for all other reimbursable medical services shall be returned to the city, town, or regional school district responsible or assuming responsibility for the costs of such services. Said cities, towns, or regional school districts shall provide to the division of medical assistance information as the division of medical assistance determines is necessary to receive appropriate federal reimbursement under this section on such forms and at such intervals as may be required by said division. Notwithstanding the provisions of any general or special law to the contrary, any funds received by a city, town, or regional school district pursuant to the provisions of this section shall be considered unrestricted revenue of the city, town, or regional school district.

The parent or guardian of any child who receives any service for which a city, town or regional school district is responsible under this section and which would otherwise be reimbursable under said program for medical care and assistance shall, upon request, give to such city, town or regional school district the medicaid identification number under which the child is covered.

SECTION 63. Section 5 of chapter 59 of the General Laws is hereby amended by adding the following clause:-

Fifty-third. Residential real estate that uses a septic system or cesspool and is not connected to the municipal sewer system in a city or town that has accepted the provisions of paragraph (n) of section twenty-one C shall receive an exemption equal to the difference between any increase in property taxes attributable to the provisions of said paragraph (n) and the amount by which the water bills for the property would have been higher if the amount of said increase in property taxes were recovered in water charges, which difference shall be calculated by the board or officer responsible for fixing water and sewer charges and certified to the board of assessors, provided that said exemption shall not exceed three hundred dollars. Notwithstanding any other provisions of this section, an owner eligible for another exemption under this section may receive an exemption under this clause in addition to such other exemption. This clause shall take effect in any city or town upon its acceptance.

SECTION 63A. Section 25 of said chapter 59, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "Boston", in line 1, the following words:- or any city or town which accepts the provisions of section twenty-five A.

SECTION 64. Said chapter 59 is hereby amended by inserting after section 25 the following section:-

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

SECTION 65. Section 1 of chapter 62 of the General Laws is hereby amended by striking out paragraph (f), as appearing in the 1992 Official Edition, and inserting in place thereof the following paragraph:-

(f) "Resident" or "inhabitant", (1) any natural person domiciled in the commonwealth, or (2) any natural person who is not domiciled in the commonwealth but who maintains a permanent place of abode in the commonwealth and spends in the aggregate more than one hundred eighty-three days of the taxable year in the commonwealth, including days spent partially in and partially out of the commonwealth. For purposes of clause (2), a day spent in the commonwealth while on active duty in the armed forces of the United States shall not be counted as a day in the commonwealth. The word "non-resident" shall mean any natural person who is not a resident or inhabitant.

SECTION 66. Chapter 62C of the General Laws is hereby amended by inserting after section 5 the following section:-

Section 5A. The commissioner shall require that the information required pursuant to section five shall include, on returns filed pursuant to chapter sixty-two, an indication of whether the individual is a non-custodial parent.

SECTION 67. Section 16 of said chapter 62C, as appearing in the 1992 Official Edition, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) Every person licensed under chapter sixty-four F shall, on or before the thirtieth day of April, July, October and January of each year, file with the commissioner a return stating the number of gallons of fuel and special fuels used by him in the commonwealth during the preceding calendar quarter, and such further information as the commissioner may deem necessary. The commissioner may by regulation require returns under this subsection to be filed annually or on such other basis as he may determine and to have different filing periods for different groups of licensees. Every such return shall be filed on or before the last day of the month after the expiration of the period covered thereby.

SECTION 68. Subsection (b) of section 21 of said chapter 62C, as so appearing, is hereby amended by adding the following clause:-

(16) Upon written request, the disclosure of information to the secretary of communities and development for the purpose of ascertaining all sources of income and household income levels for applicants and tenants receiving the benefits of the state and federal housing subsidy programs administered by said secretary.

SECTION 69. Section 1 of chapter 62D of the General Laws, as amended by section 25 of chapter 5 of the acts of 1995, is hereby further amended by striking out the definition of "Claimant agency" and inserting in place thereof the following definition:-

"Claimant agency", the IV-D agency as set forth in chapter one hundred and nineteen A, the division of medical assistance, the department of employment and training, the department of transitional assistance, or the higher education coordinating council, in the exercise of its duty to aid and foster programs supporting higher education, pursuant to chapter fifteen A.

SECTION 70. Said section 1 of said chapter 62D, as amended by section 26 of said chapter 5, is hereby further amended by striking out the definition of "Debt" and inserting in place thereof the following definition:-

"Debt", an unpaid spousal or child support obligation which is being enforced by the claimant agency, or which is collected or ordered to be collected by a court, whether or not there is an outstanding judgment for the sum; an amount owed the division of medical assistance by a debtor; an amount owed the department of transitional assistance by recipients, or former recipients, of public assistance; or any liquidated sum due and owing to the corporation on an education loan made under any of the programs administered by the corporation in behalf of the commonwealth whether or not there is an outstanding judgment for that sum or any liquidated sum, certified by the comptroller as due and owing to any state agency, as defined in section one of chapter twenty-nine.

SECTION 71. Said section 1 of said chapter 62D, as amended by section 27 of said chapter 5, is hereby further amended by striking out the definition of "Debtor" and inserting in place thereof the following definition:-

"Debtor", any individual owing money for support payments to the claimant agency or to persons for whom the claimant agency is providing enforcement services under state and federal law; any individual owing money to the division of medical assistance for costs incurred as a result of noncompliance by that individual with an order to provide coverage for the cost of health services to a child eligible for assistance under Title XIX of the Social Security Act, as further described in section twenty-three of chapter one hundred and eighteen E; any individual owing money to the department of employment and training, any individual owing money to the department of transitional assistance for overpayments of public assistance; or any individual owing money on an education loan to the corporation or any individual or entity owing a debt as defined herein, which obligation has not been adjudged satisfied by court order, set aside by court order, or discharged in bankruptcy.

SECTION 72. The second paragraph of section 3 of said chapter 62D, as amended by section 28 of said chapter 5, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Upon application of an obligee, or upon its own initiative, the claimant agency shall include the claim of such obligee for the debt with such requests for assistance; provided that such a debt shall have arisen under a court order or an adjudication by the division of medical assistance; and provided further, that in the case of a court order such order is ordered to be collected by the probation department, or the claimant agency.

SECTION 73. The second paragraph of section 5 of said chapter 62D, as appearing in the 1992 Official Edition, is hereby amended by adding the following sentence:- If the IV-D agency is the claimant agency, the notice shall state that the debtor may contest the validity and amount of the debt sought to be collected through set-off only in accordance with the provisions of section seventeen of chapter one hundred and nineteen A.

SECTION 74. Section 6 of said chapter 62D, as so appearing, is hereby amended by inserting after the word "thirty A", in line 4, the following words:- ; provided, however, that if the IV-D agency is the claimant agency, an administrative review shall be conducted in accordance with the provisions of section seventeen of chapter one hundred and nineteen A.

SECTION 75. Said section 6 of said chapter 62D, as so appearing, is hereby further amended by inserting after the word "hearing", in line 5, the following words:- or administrative review.

SECTION 76. Said section 6 of said chapter 62D, as so appearing, is hereby further amended by inserting after the word "hearing", in line 9, the following words:- or administrative review.

SECTION 77. Section 7 of said chapter 62D, as so appearing, is hereby amended by inserting after the word "thirty A", in line 2, the following words:- ; provided, however, that if the IV-D agency is the claimant agency, the debtor shall have the right to appeal said action only in accordance with the provisions of section seventeen of chapter one hundred and nineteen A.

SECTION 78. Section 10 of said chapter 62D is hereby amended by inserting after the word "assistance", inserted by section 29 of chapter 5 of the acts of 1995, the following words:- , the division of medical assistance.

SECTION 79. The first sentence of section 3 of chapter 62E of the General Laws, as amended by section 11 of chapter 460 of the acts of 1993, is hereby further amended by inserting after the word "including" the following words:- the secretary of communities and development,.

SECTION 80. Section 3 of chapter 64F of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 30 and 31, the words ", the total capacity of which is not in excess of thirty gallons".

SECTION 81. Said chapter 64F is hereby further amended by inserting after section 5 the following section:-

Section 5A. The commissioner is authorized to enter into the International Fuel Tax Agreement with appropriate officials of other states, including the provinces of Canada and the states of Mexico. Said agreement may provide that certain interstate motor carriers will file returns and pay motor fuel and special fuels taxes and fees on account of fuels used in member jurisdictions on a consolidated basis to a base state; that such returns, fees, and taxes will be processed, verified, and audited by the base state on behalf of the member states; and that the fees and taxes due the other member states from such base state filings and payments will be distributed to such member states as required by the terms of such agreements. Motor carriers registering, filing returns, and making payments pursuant to the provisions of the agreement shall be deemed to be in full compliance with the provisions of the chapter and related registration, filing and payment provisions of chapter sixty-two C. All payments required to be made to the commonwealth under this agreement shall be considered a tax owed to the commonwealth for the purposes of chapter sixty-two C and all revenues collected pursuant to the agreement that are due the other member states shall be retained by the commissioner until distributed to such other member states pursuant to the agreement. The commissioner may promulgate such regulations as are necessary to administer the agreement and such regulations shall have the force of law.

SECTION 82. Section 6 of said chapter 64F, as so appearing, is hereby amended by striking out, in line 4, the words "for such calendar quarter".

SECTION 83. Said section 6 of said chapter 64F, as so appearing, is hereby further amended by inserting after the word "quarter", in line 6, the following words:- or such other period.

SECTION 84. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby further amended by striking out, in line 239, the words "excluding the publishing of a newspaper" and inserting in place thereof the following words:- including the publishing of a newspaper; in the operation of commercial radio broadcasting or television transmission.

SECTION 85. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 265, the words "excluding the publishing of a newspaper" and inserting in place thereof the following words:- including the publishing of a newspaper; in the operation of commercial radio broadcasting or television transmission.

SECTION 86. Section 6 of chapter 64H of the General Laws is hereby amended by striking out paragraph (ff), as so appearing, and inserting in place thereof the following paragraph:-

(ff) Sales of printed material which is manufactured in the commonwealth to the special order of a purchaser, to the extent such material is delivered to an interstate carrier, a mailing house or a United States Post Office for delivery or mailing to a purchaser located outside the commonwealth or a purchasers designee located outside the commonwealth, including sales of direct and cooperative direct mail promotional advertising materials which are manufactured both inside and outside the commonwealth and which are distributed to residents of the commonwealth from locations both inside and outside the commonwealth. For the purpose of this paragraph, "direct and cooperative direct mail promotional advertising materials" shall mean discount coupons, advertising leaflets and similar printed advertising including any accompanying envelopes and labels which are distributed with promotional advertising materials of one or more than one business in a single package to potential customers, at no charge to the potential customer, of the business paying for the delivery of such material.

SECTION 87. Section 1A of chapter 69 of the General Laws is hereby amended by adding the following paragraph:-

The commissioner shall distribute to the chief executive officer in each city and town a copy of any notice or other information, including all notices given under chapter seventy, that is provided to the school committee or the superintendent of schools in such city or town, or to the school committee or superintendent of a regional school district of which such city or town is a member, if such notice or information affects the appropriation or budget of the municipality or school district.

SECTION 88. The first sentence of clause (i) of the fourth paragraph of section 1D of chapter 69 of the General Laws, as amended by chapter 317 of the acts of 1994, is hereby further amended by inserting after the words "section one I" the following words:- ; provided, that foreign languages shall not be included as a requirement for being awarded the competency determination until June thirtieth, two thousand and four.

SECTION 89. Section 2 of chapter 70 of the General Laws is hereby amended by striking out the definition of "Base aid", as amended by section 128 of chapter 110 of the acts of 1993, 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 90. Said section 2 of said chapter 70 is hereby further amended by striking out the definition of "Foundation gap", as appearing in section 32 of chapter 71 of the acts of 1993, 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 each district to which it belongs.

SECTION 91. The first sentence of the definition of "Net school spending" in said section 2 of said chapter 70, as so appearing, is hereby amended by inserting after the word "transportation" the following words:- , or the costs of health insurance for retired teachers.

SECTION 92. Said section 2 of said chapter 70 is hereby further amended by striking out the definition of "Preliminary local contribution," as amended by section 92 of chapter 60 of the acts of 1994, and inserting in place thereof the following definition:-

"Preliminary local contribution", the product of (a) the minimum required local contribution of the prior fiscal year, and (b) one plus the municipal revenue growth factor, which product shall be increased by the excess debt service amount of the prior fiscal year if said amount was used to reduce the minimum required local contribution in the prior fiscal year; provided, that said preliminary local contribution shall not be greater than the gross standard of effort amount; provided, further, that for any district in which net school spending is less than the foundation budget amount and the prior year local contribution is greater than the gross standard of effort amount, the preliminary local contribution shall not be less than the fiscal year nineteen hundred and ninety-three local contribution, except that said contribution may be reduced proportionately to any decrease in the total municipal budget; and provided further, that for any municipality in which net school spending is greater than the foundation budget, in no case shall the sum of the preliminary local contribution and the base aid and the minimum aid result in a reduction of net school spending to an amount less than the foundation budget amount. The preliminary local contribution shall be defined separately for each municipality's share of each district to which it belongs.

SECTION 93. Said section 2 of said chapter 70 is hereby amended by striking out the definition of "Standard of effort", as amended by section 37 of chapter 151 of the acts of 1993, 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 94. The third paragraph of section 3 of said chapter 70, as appearing in section 32 of chapter 71 of the acts of 1993, is hereby amended by striking out the second sentence and inserting in place thereof the following two sentences:- The monetary factors used in calculating the foundation budget for such years shall be adjusted for inflation by multiplying each such factor by the ratio of the implicit price deflator for state and local government purchases for the first quarter of the prior fiscal year to the value of the same deflator in the first quarter of fiscal year nineteen hundred and ninety-three. Said factors to be inflated shall be the monetary values for the foundation payroll, foundation non-salary expenses, professional development allotment, expanded program allotment, extraordinary maintenance allotment, and book and equipment allotment, as said terms are used in section two.

SECTION 95. Said chapter 70 is hereby further amended by inserting after section 3 the following section:-

Section 3A. The secretary of administration and finance in cooperation with the commissioner of revenue and the commissioner of education shall make available to the house and senate committees on ways and means, in an electronically compatible format the criteria, components, equations, and underlying data necessary to generate the required minimum local contribution and each component of state aid authorized for distribution to municipalities and school districts pursuant to this chapter. The department of education shall update said underlying data on a bi-monthly basis, and shall revise said criteria, components and equations upon the occurrence of changes thereto.

SECTION 96. The first sentence of subsection (b) of section 12 of said chapter 70, as appearing in section 32 of chapter 71 of the acts of 1993, is hereby amended by striking out the words "third quarter of the prior year" and inserting in place thereof the following words:- first quarter of the prior fiscal year.

SECTION 97. Subsection (c) of said section 12 of said chapter 70, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The dollar amounts in this subsection shall be adjusted for inflation by multiplying the amounts for fiscal year nineteen hundred and ninety-five and subsequent years by the ratio of the implicit price deflator for state and local government purchases for the first quarter of the prior fiscal year to the value of the same deflator in the first quarter of fiscal year nineteen hundred and ninety-three.

SECTION 98. Chapter 71 of the General Laws is hereby amended by striking out section 14A, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 14A. It shall be the duty of the regional school district planning board to study the fiscal and educational advisability of establishing a regional school district, its organization, operation and control, and of constructing, maintaining and operating a school or schools to serve the needs of such district; to estimate the construction and operating costs thereof; to assess the educational soundness of establishing such school or schools, to investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of a regional school district; and to submit a report of its findings and recommendations to the selectmen of the several towns.

SECTION 99. Section 14D of said chapter 71, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of this section, the regional district school may, by vote of two-thirds of all its members, require that the approval of any particular authorized issue of indebtedness shall be by the registered voters of the member towns of the district pursuant to the provisions of clause (n) of section sixteen rather than pursuant to the provisions of clause (d) of said section sixteen.

SECTION 100. The fourteenth paragraph of section 38G of said chapter 71, as appearing in section 26 of chapter 495 of the acts of 1993, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Certificates granted by the board prior to October first, nineteen hundred and ninety-four are hereby deemed standard certificate, which shall be renewed every five years; provided, however, that initially all such teachers with last names beginning with the letters A-E shall receive such standard certificates with a one year term; all such teachers with last names beginning with the letters F-J shall receive such standard certificate with a two year term; all such teachers with last names beginning with the letters K-O shall receive such standard certificate with a three year term; all such teachers with last names beginning with the letter P-T shall receive such standard certificate with a four year term; and all such teachers with last names beginning with the letters U-Z shall receive such standard certificate with a five year term. All teachers with last names beginning with the letters A-E who receive such standard certificate with a one year term, shall be exempt from the professional development requirements of this section for said one year term.

SECTION 101. The second paragraph of section 41A of said chapter 71, as amended by section 94 of chapter 60 of the acts of 1994, is hereby further amended by adding the following sentence:- Any person granted a leave of absence under the provisions of this paragraph shall not be subject to the provisions of section thirty-eight G during the period of such leave.

SECTION 102. Said section 89 of said chapter 71, added by said section 55 of said chapter 71, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Charter schools shall be funded as follows: If a student attending a charter school resides in a district with a positive foundation gap, as defined in section two of chapter seventy, the commonwealth shall pay a tuition amount to the charter school equal to the average cost per student in said district. If the student resides in a district that does not have a positive foundation gap, as so defined, the commonwealth shall pay a tuition amount to the charter school equal to the lesser of: (1) the average cost per student in said district; and (2) the average cost per student in the district in which the charter school is located. The state treasurer is hereby authorized and directed to deduct said charter school tuition amount from the total education aid, as defined in said chapter seventy, of the district in which the student resides prior to the distribution of said aid. In the case of a child residing in a municipality which belongs to a regional school district, the charter school tuition amount shall be deducted from said chapter seventy education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter seventy by accepting section fourteen of said chapter, the commonwealth shall assess said district for said excess amount. The state treasurer is hereby further authorized to disburse to the charter school an amount equal to each student's charter school tuition amount as defined above.

SECTION 103. Said section 89 of said chapter 71 is hereby further 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 104. Chapter 72 of the General Laws is hereby amended by adding the following section:-

Section 9. A copy of each report filed with the commissioner of education under this chapter shall also be filed at the same time with the chief executive officer of the city or town, but in the case of a regional school district with the chief executive officers of all the member cities and towns.

SECTION 105. Section 10 of chapter 73 of the General Laws, as so appearing, is hereby amended by inserting after the word "state", in line 1, the following words:- and community.

SECTION 106. Chapter 75 of the General Laws is hereby amended by inserting after section 36C the following section:-

Section 36D. The board of trustees of the university of Massachusetts, in conjunction with the state health education center at the university of Massachusetts medical center, shall develop and implement provisions for payback in learning contracts entered into by students admitted for the academic year commencing in nineteen hundred and ninety-five and for every year thereafter, which shall require payback service, so-called, of at least four years within the commonwealth in areas of primary care, public or community service, or underserved areas as determined by the commissioner of the department of public health and the learning contract committee in coordination with the area health education center and state and regional health planning agencies. In the case of any student who has entered into a learning contract and who does not perform payback service, the difference between the tuition paid and the amount of the tuition charged shall be required to be repaid together with eight percent interest per annum; provided, however, that no payback service or tuition loan repayment shall be required prior to the termination of any internship and residency requirements; provided, further, that interest shall begin to accrue upon completion of any internship requirement. The dean shall provide, on an annual basis, a report of the number of students participating in said learning contracts, the area of medicine within which payback will be performed, and the number of students utilizing the repayment option. The report shall also outline the effects of payback in the underserved areas of the commonwealth. The first of such annual reports shall be submitted to the house and senate committees on ways and means by September first, nineteen hundred and ninety-five.

SECTION 107. Chapter 75 of the General Laws is hereby further amended by striking out section 42, inserted by section 96 of chapter 60 of the acts of 1994, and inserting in place thereof the following section:-

Section 42. No start-up or maintenance and operation funds for the entities established in sections thirty-eight to forty-one, inclusive, shall be appropriated in any fiscal year from the Toxics Use Reduction Fund established in section two K of chapter twenty-nine. Said entities may receive grants from public and private sources, may impose fees, and may collect and retain revenue from fees and grants to defray the costs of their services and programs. All monies appropriated to the entities or received through grants, contracts, fees, gifts, bequests, and other sources shall be administered by the University of Massachusetts.

SECTION 108. The definition of "Above foundation reimbursement amount" in subsection (a) of section 12B of chapter 76 of the General Laws, as appearing in section 61 of chapter 71 of the acts of 1993, is hereby amended by striking out clauses (ii) and (iii) and inserting in place thereof the following clause:- (ii) beginning in fiscal year nineteen hundred and ninety-five, twenty-five percent of the net losses due to the provisions of this section.

SECTION 109. Section 1 of chapter 90 of the General Laws is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, the photograph or computer image of any person holding a license to operate a motor vehicle issued pursuant to this chapter, appearing in records maintained by the registry of motor vehicles or its vendors is confidential and shall not be disclosed to any person or corporation, except a court, a law enforcement agency, or any governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the registrar.

SECTION 110. The last sentence of paragraph (e) of said subdivision (1) of said section 24 of said chapter 90, as appearing in section 5 of chapter 25 of the acts of 1994, is hereby amended by striking out the words "said department" and inserting in place thereof the following words:- the department of public health.

SECTION 111. Clause (ii) of said subparagraph (1) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the words ", on forms prepared and provided;" and inserting in place thereof the following words:- in a format approved;".

SECTION 112. Clause (iii) of subparagraph (1) of paragraph (f) of subdivision (1) of section 24 of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- Police officers, cities, towns, and other public employers shall not be civilly liable for any injury or loss of property or personal injury or death which may result from, or be connected with, any act in issuing any temporary driving permit under this section.

SECTION 113. Clause (iii) of subparagraph (2) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- Police officers, cities, towns, and other public employers shall not be civilly liable for any injury or loss of property or personal injury or death which may result from, or be connected with, any act in issuing any temporary driving permit under this section.

SECTION 114. Said subparagraph (1) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90 is hereby amended by striking out the second paragraph, as so appearing, and inserting in place thereof the following paragraph:-

The police officer before whom such refusal was made shall immediately prepare a report of such refusal. Each such report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each such report shall set forth the grounds for the officer's belief that the person arrested had been operating a motor vehicle on any such way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to such chemical test or analysis when requested by such police officer to do so, such refusal having been witnessed by another person other than the defendant. Each such report shall identify which police officer requested said chemical test or analysis, and the other person witnessing said refusal. Each such report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in any form, including electronic or otherwise, that the registrar deems appropriate. Any driver's license or permit confiscated pursuant to this subparagraph (1) shall be forwarded to the registrar forthwith. Said report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding any suspension specified in this section.

SECTION 115. Said clause (ii) of said subparagraph (2) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out the words "on forms prepared and provided" and inserting in place thereof the following words:- in a format approved.

SECTION 116. Said subparagraph (2) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out clause (iv) and inserting in place thereof the following clause:-

(iv) immediately report action taken under this paragraph to the registrar. Each such report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer's belief that the person arrested has been operating a motor vehicle on any such way or place while under the influence of intoxicating liquor and that said person's blood alcohol percentage was not less than eight one-hundredths or that said person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was not less than two one-hundredths. Said report shall also indicate that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered. Each such report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in any form, including electronic or otherwise, that the registrar deems appropriate. Any driver's license or permit confiscated pursuant to this clause (iv) shall be forwarded to the registrar forthwith.

SECTION 117. Section 29 of said chapter 90, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 19 and 20, the words "upon blanks furnished" and inserting in place thereof the following words:- in a form prescribed.

SECTION 118. The definition of "Personal flotation devices" in section 1 of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Acceptable for all boats as a throwable device only.

SECTION 119. Subsection (g) of section 5 of said chapter 90B, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- Every motorboat shall carry at least one personal flotation device, as defined in section one, for each person aboard. Every motorboat of Class A, 1, 2 or 3 shall carry at least one Personal Flotation Device of Type I, II or III for each person aboard.

SECTION 120. Section 5A of said chapter 90B, as so appearing, is hereby amended, by striking out, in line 2, the words "life saving device" and inserting in place thereof the following words:- personal floatation device of Type I, II or III.

SECTION 121. Subsection (a) of section 9 of said chapter 90B, as so appearing, is hereby amended by adding the following two sentences:- In cases where death, personal injury or property damage over five hundred dollars occurs, the operator or any person authorized to enforce the provisions of chapter ninety B, shall immediately notify the division of law enforcement. The director or his designee shall investigate the accident.

SECTION 122. Section 63 of chapter 91 of the General Laws, as so appearing, is hereby amended by inserting after the word "resources", in line 53, the following words:- except when recovered from a designated underwater archaeological preserve.

SECTION 123. Said section 63 of said chapter 91, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph:-

The director shall invite information regarding underwater archaeological resources of substantial historical value and the location thereof, and shall cause to be printed a list of these resources which shall be designated as underwater archaeological preserves. Access to underwater archaeological preserves for recreational, historical, and scientific purposes shall be guaranteed. The director shall not grant a permit to recover underwater archaeological resources from within an underwater archaeological preserve except for historical or scientific purposes, and provided further, that all materials collected through such activities shall remain the permanent property of the commonwealth. The board may make arrangements for the disposition or display of any such materials recovered from within an underwater archaeological preserve in appropriate institutions located within the commonwealth. A public hearing may be requested regarding the designation of any underwater archaeological resource as a preserve. Persons may petition the director to designate certain resources as a preserve.

SECTION 124. Chapter 92 of the General Laws is hereby amended by inserting after section 34A the following section:-

Section 34B. (a) The metropolitan district commission is hereby authorized to establish a park ranger program within the department to preserve, maintain and protect the parks, reservation, historic sites and open space and to ensure the environmental integrity of properties under the care, custody and control of the commission.

(b) To further the objectives of the park ranger program, the department shall be concerned with the use by the public for exercise, education and recreation of the reservations; and, notwithstanding any general or special law or administrative bulletin to the contrary, the commission shall adopt rules and regulations to define the authority of the park rangers in performing their duties and responsibilities to preserve and protect the reservations as defined above. Rules and regulations so promulgated shall include but not be limited to defining the programs, program objectives, mission, working rules and responsibilities of the park rangers.

(c) The commission shall cause such rules and regulations to be posted in the reservations to which they apply and shall also cause the same to be published at least once in a newspaper published in the county where said reservations are in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of any member of the commission or of its secretary of such posting and publishing shall be prima facie evidence thereof.

(d) The park rangers are hereby authorized to issue citations under duly promulgated rules and regulations to any person violating any regulation concerning the parking of motor vehicles, littering, defacing commission property and disturbing flora and fauna. Whoever violates any rule or regulation made hereunder shall be punished by a fine not exceeding two hundred dollars.

SECTION 125. Section 2 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The corporation shall be governed and its corporate powers exercised by the board, which shall consist of fifteen members appointed by the governor in the following manner: the commissioner or his designee, ex-officio; one member chosen from a list of three names submitted by the board of directors of the society; two chosen from a list of six names, three names submitted by the Grove Hall Board of Trade, and three names submitted by the Friends of Franklin Park Zoo; two chosen from a list of six names, three names submitted by the Middlesex Fells Zoological Society, and three names submitted by the Stoneham Board of Selectmen; and nine other members representing the commonwealth's business, corporate, philanthropic and educational communities. The members other than the commissioner shall be appointed for terms of not less than one year and not more than four years as determined by the governor. Upon expiration of the initial appointment, the governor shall appoint said members to four year terms.

SECTION 126. The third paragraph of subsection (d) of section 47 of chapter 94C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The district attorney or attorney general shall expend at least ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes.

SECTION 127. Section 1 of chapter 111 of the General Laws is hereby amended by striking out the definition of "Farming or agriculture", as amended by chapter 297 of the acts of 1993, and inserting in place thereof the following definition:-

"Farming" or "agriculture", farming in all of its branches and cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any practices, including any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agricultural of farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

SECTION 128. Said chapter 111 is hereby further amended by striking out section 215, added by section 148 of chapter 110 of the acts of 1993, and inserting in place thereof the following section:-

Section 215. The department of public health is hereby authorized to promulgate rules and regulations for the implementation of not more than ten pilot programs for the exchange of needles in cities and towns within the commonwealth upon nomination by the department. Local approval shall be obtained prior to implementation of each pilot program in any city or town.

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

SECTION 129. Section 6B of chapter 115 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 20 and 27, the words "monthly payments" and inserting in place thereof, in each instance, the following words:- two equal payments on July first and January first.

SECTION 130. Section 21A of chapter 118E of the General Laws, inserted by section 117 of chapter 60 of the acts of 1994, is hereby amended by adding the following subsection:-

(c) In making determinations under this section, the division shall revise the community spouse resource allowance to permit the community spouse to retain a larger share of the combined spousal resources if the income of the community spouse, without reference to the income of the institutionalized spouse, falls below the minimum monthly maintenance needs allowance of the community spouse. Either spouse shall have the right to request a fair hearing at which, if it is shown that the income of the community spouse, without reference to the income of the institutionalized spouse, is less than the minimum monthly maintenance needs allowance of the community spouse, the referee shall revise the community spouse resource allowance to a level sufficient to generate the shortfall in income. The division shall calculate interest income on the investment of the community spouse resource allowance at the rate reported in the Bank Rate Monitor Index on the date of the hearing.

SECTION 131. Said chapter 118E is hereby further amended by striking out section 22, as appearing in section 17 of chapter 161 of the acts of 1993, and inserting in place thereof the following section:-

Section 22. As used in this section, the following words shall have the following meanings:-

"Claimant", any person who suffers any loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation, or any other third party.

"Third party", any individual, agency, program, entity or insurer, including but not limited to the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

"Date of the loss", the date on which the property damage, accident, illness, injury, or other incident occurs.

When any claimant receives payment from a liability or workers' compensation insurer or any other third party, the claimant shall repay to the department of transitional assistance and the division the total of all public assistance benefits, both financial and medical, provided by said agencies on or after the date of the loss to or on behalf of the claimant, the claimant's spouse or children, and any other individual the claimant is required by law to support; provided, however, that on the date of the loss the claimant was already eligible for medical assistance benefits, the claimant shall repay only medical assistance required and any increase in financial assistance that occurred as a result of the accident, illness, injury, or other incident.

The application for and receipt of benefits recoverable under this section shall, after notice to the third party, operate as a lien to secure repayment against monies which may be provided by said third party up to the amount of such benefits. Notwithstanding the foregoing, the department of transitional assistance and the division may also perfect their right to a lien against any monies which may come into possession of the claimant's attorney by giving notice to said attorney.

If the monies available for repayment are insufficient to satisfy in full any competing claims of both the department of transitional assistance and the division, the department and the division shall each be entitled to its respective pro rata share of such monies as are available.

Any person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

A claimant shall, within ten calendar days, notify the division in writing upon commencement of a civil action or other proceeding to establish the liability of any third party or to collect monies payable under accident, liability, or health insurance, workers' compensation, or from any other third party or source.

The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against any third party and to a claimant's claim for monies to the extent of assistance provided under chapters one hundred and seventeen, one hundred and eighteen, or one hundred and eighteen E. The commonwealth shall also have a separate and independent cause of action to recover, from any third party, assistance provided to a claimant under said chapters, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by it, commence a civil action or other proceeding to establish the liability of any third party or to collect such moneys, or may intervene as of right in any civil action commenced by a claimant against a third party.

Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the division to pursue its rights under this section shall be grounds for termination of benefits.

SECTION 132. Section 23 of said chapter 118E is hereby amended by adding the following paragraph:-

The division may, after notice and opportunity for hearing, garnish the wages, salary or other employment income of, and shall, with the assistance of the department of revenue pursuant to section three of chapter sixty-two D, withhold amounts from state tax refunds to, any person who: (a) is required by court or administrative order to provide coverage of the costs of health services to a child who is eligible for medical assistance under this chapter; (b) has received payment from a third party for the costs of such services to such child; but, (c) has not used such payments to reimburse either the other parent or guardian of such child or the provider of such services, to the extent necessary to reimburse the division for expenditures for such costs.

SECTION 133. Said chapter 118E is hereby further amended by striking out section 31, as amended by section 17 of chapter 161 of the acts of 1993, and inserting in place thereof the following section:-

Section 31. (a) This subsection shall apply to estates of individuals dying prior to April first, nineteen hundred and ninety-five. There shall be no adjustment or recovery of medical assistance correctly paid except as follows:

(1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when he or she received such assistance. Recovery of such assistance shall be limited to assistance provided on or after March twenty-second, nineteen hundred and ninety-one.

(2) Recovery from Persons Age 65 and Over: From the estate of an individual who was sixty-five years of age or older when he or she received such assistance. Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when he or she has no surviving child who is under age twenty-one or is blind or permanently and totally disabled. The division shall waive recovery where it would result in undue hardship, as defined by the division in its regulations.

(b) This subsection shall apply to estates of individuals dying on or after April first, nineteen hundred and ninety-five. There shall be no adjustments or recovery of medical assistance correctly paid except as follows:

(1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when he or she received such assistance. Recovery of such assistance shall be limited to assistance provided on or after March twenty-second, nineteen hundred and ninety-one.

(2) Recovery from Persons Age 65 and Over: From the estate of an individual who was sixty-five years of age or older when he or she received such assistance.

(3) Recovery from Persons Age 55 and Over for Post-October 1, 1993 Medicaid: From the estate of an individual who was fifty-five years of age or older when he or she received such assistance, where such assistance was for services provided on or after October first, nineteen hundred and ninety-three.

Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when he or she has no surviving child who is under age twenty-one or is blind or permanently and totally disabled. The division shall waive recovery if such recovery would work an undue hardship, as defined by the division in its regulations.

(c) For purposes of this section, "estate" shall mean all real and personal property and other assets includable in the decedent's probate estate under the General Laws.

NO SECTION 134.

SECTION 135. Subsection (a) of section 32 of said chapter 118E, as appearing in section 17 of chapter 161 of the acts of 1993, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

In the event a petitioner fails to send copies of the petition and death certificate to the division and the decedent received medical assistance for which the division is authorized to recover under section thirty-one, any person receiving a distribution of assets from the decedent's estate shall be liable to the division to the extent of such distribution.

SECTION 136. Section 36 of said chapter 118E is hereby amended by adding the following paragraph:-

If any individual or entity has an ownership interest in more than one institutional provider, the division may offset any monetary liability of such individual or entity to the division under this section or otherwise from any amounts the division owes to any such institutional provider. Any individual or entity having an ownership interest in an institutional provider shall be liable to the division for all monetary liabilities of such provider to the division to the extent of such individual's or entity's ownership interest. For purposes of this paragraph, an "ownership interest" shall include both direct ownership interests and ownership interests in any entity which has an ownership interest in an institutional provider, and an "institutional provider" shall mean any entity which participates in any medical assistance program under this chapter as a provider of nursing facility services or acute, chronic, or rehabilitation hospital services.

SECTION 137. Section 9A of chapter 118F of the General Laws, as appearing in the 1992 Official Edition, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The health insurance program administered by the department shall consist of the following options: a buy-in option called the continuation plan under which the department shall subsidize a qualified person's continued enrollment in the health insurance plan to which they belonged at the time of, or prior to, applying for unemployment compensation benefits, including persons whose continued eligibility for said enrollment is based on the federal COBRA law, so-called; as well as an option called the direct coverage plan which shall consist of a limited plan of health care services and benefits to be administered by the department. To qualify for benefits under this section, the department shall require that applicants maintain continued enrollment in the health insurance plan in which they were enrolled prior to applying for unemployment compensation benefits, or as permitted by the federal COBRA law. Persons so qualified shall be ineligible for enrollment in the direct coverage plan and the department shall subsidize enrollees' continued health insurance plan by reimbursing said enrollees for a portion of their premium cost in accordance with the department's benefits schedule. Persons unable to qualify for COBRA benefits, so-called, due to lack of access to prior health insurance coverage through their former employer or their spouse's employer or a hardship determined by the department, shall be eligible for the direct coverage plan pursuant to the eligibility requirements of this section. The department shall establish a schedule of co-payments and deductibles within the direct coverage plan which shall promote the cost-effective use of services by participants in the program.

SECTION 138. Section 39G of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 28 and 29, the words "subject, further, to such conditions and limitations as the court may prescribe, commit the child to the department of social services" and inserting in place thereof the following words:- with such conditions and limitations as the court may recommend, commit the child to the department of social services. Said department shall give due consideration to said recommendations of the court. The department may not refuse out-of-home placement of a child if such placement is recommended by the court, but the department shall direct the type and length of such out-of-home placement.

SECTION 139. Subsection (l) of section 12 of chapter 119A of the General Laws, as appearing in section 52 of chapter 460 of the acts of 1993, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- If the employee is enrolled in a family health care plan but fails to make application to obtain coverage of a child, the employer and the provider of health care coverage shall enroll such child under the coverage upon application by such child's other parent by the division of medical assistance or by the IV-D agency.

SECTION 140. Subsection (b) of section 13 of said chapter 119A, as amended by section 53 of chapter 460 of the acts of 1993, is hereby further amended by inserting in the first sentence, after the word "eight" the following:- , two hundred and nine.

SECTION 141. Chapter 127 of the General Laws is hereby amended by inserting after section 151K the following new section:-

Section 151L. When the office of the commissioner of probation receives notice from a sending state that an offender who is on probation in that state having been convicted of a violent felony, will be residing in the commonwealth while on probation, the office shall within thirty days after receiving such notice: (a) notify the local police department where the offender will be residing while in the commonwealth, and (b) notify the criminal history systems board of such offender. The office of the commissioner of probation shall provide to the local police department and the criminal history systems board the following information about the offender: his first and last name, his social security number, his residential address within the commonwealth, his date of birth, the nature of the offense for which he was placed on probation, and the state and jurisdiction where the offender's criminal records are held.

SECTION 142. Chapter 128 of the General Laws is hereby amended by striking out section 1A, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 1A. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

SECTION 143. Section thirty-nine of chapter one hundred and thirty-one of the General Laws is hereby repealed.

SECTION 144. Section 2 of chapter 131A of the General Laws is hereby amended by adding the following paragraph:-

Possession, transfer, sale or exchange of scrimshaw, curios, collectibles, antiques or artifacts of endangered species, mounted or unmounted, which items can be reasonably determined to pre-date January first, nineteen hundred and seventy-three, shall be exempt from the provisions of this chapter.

SECTION 145. Section 3 of said chapter 131A, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "scientific", in lines 15 and 16, the following words:- , conservation, management.

SECTION 146. Section 46A of chapter 152 of the General Laws is hereby further amended by inserting after the first paragraph the following new paragraph:-

If an employee owes past-due child support that is subject to a lien pursuant to section six of chapter one hundred and nineteen A, the IV-D agency may, at any time before an award of worker's compensation benefits is paid or approval of a lump sum benefit is given, file with the division a claim for past-due child support out of the proceeds of such award or lump sum settlement. In those instances in which a claim is filed and upon satisfactory proof, the division or a member thereof shall order direct payment of the past-due child support to be made from such award or lump sum to the IV-D agency on behalf of the obligee to whom past-due support is owed.

SECTION 147. The second paragraph of said section 46A of said chapter 152 is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- When a lump sum settlement is proposed and the employee and the lienholder are unable to agree on a fair and reasonable amount to discharge a lien against the lump sum settlement under the provisions of this section, the reviewing board shall have the right to determine the fair and reasonable amount to be paid out of the lump sum settlement to discharge the lien; provided, however, that if the amount of the award or lump sum is insufficient to satisfy in full any competing claim of the department of transitional assistance, the division of medical assistance and the IV-D agency, the department, the division and the agency each shall be entitled to its respective pro rata share of such award or lump sum.

SECTION 148. Section 5 of chapter 161A of the General Laws is hereby amended by inserting after subsection (f>) the following subsection:-

(f~) If the authority seeks to contract for local and express bus services theretofore performed by authority employees, it shall conduct a public hearing in each of the affected areas. Said hearings shall be held within thirty days after the authority's requests for proposals and before the awarding of a contract for said services. The authority shall provide written notice ten days before the hearing to elected officials from affected areas and the advisory board members from said area. The authority shall be represented at the meeting by the general manager or his designee and a representative of the authority who is familiar with the proposed contract. The public hearing shall be conducted in the evening hours in a location in the area to be affected by said proposed contract. The authority shall present reasons for the proposed contract. Persons in attendance at the public hearing shall have a reasonable opportunity to ask questions and present reasons why such proposed contract shall not be executed. Within thirty days after said hearing and before the execution of any contract, the authority shall give written notice of its decision and the reasons therefor to persons who received written notice of the hearing. The authority shall continue to conduct public hearings pursuant to this subsection each year the contract is in effect. Nothing in this subsection shall be construed as affecting the applicability of sections fifty-two to fifty-five, inclusive, of chapter seven to any such contract.

SECTION 149. Section 19 of chapter 161A of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "conditions", in line 4, the following words:- , the assignment of work schedules and work locations on the basis of seniority, including: (a) hours of work each day and days worked each week; provided, however, that a change in such assignment shall not provide for a change in classification; and (b) the filling of vacancies by promotion or transfer of qualified applicants on the basis of seniority.

SECTION 150. The first paragraph of said section 19 of said chapter 161A, as so appearing, is hereby further amended by striking out subparagraph (i) and inserting in place thereof the following subparagraph:-

(i) to direct, appoint, and employ officers, agents and employees and to determine the standards therefor.

SECTION 151. The last paragraph of section 2 of chapter 166A of the General Laws, added by section 197 of chapter 110 of the acts of 1993, is hereby amended by striking out, in line 7, the word "five" and inserting in place thereof the following word:- seven.

SECTION 152. Chapter 175 of the General Laws is hereby amended by inserting after section 95A the following section:-

Section 95B. No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a residential property insurance policy upon property within the commonwealth based upon information that an applicant or policy owner, or any member of their family, has been a victim of abuse as defined in section one of chapter two hundred and nine A. No company, and no officer or agent thereof, and no insurance broker shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 153. Said chapter 175 is hereby amended by inserting after section 108F the following section:-

Section 108G. No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of an individual policy of accident or sickness insurance, authorized pursuant to section one hundred and eight, or group blanket policy of accident and sickness insurance, authorized pursuant to section one hundred and ten, or a policy providing coverage against disability from injury or disease, based on information that an individual has been a victim of abuse, as defined by section one of chapter two hundred and nine A. No company, and no officer or agent thereof, and no insurance broker shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 154. Said chapter 175 is hereby amended by inserting after section 120C the following section:-

Section 120D. No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a policy of life insurance or endowment insurance on the life of any person residing in the commonwealth, who has applied for or consented in writing to the purchase of such coverage, based on information that such person has been a victim of abuse, as defined by section one of chapter two hundred and nine A. No company, and no officer or agent thereof, and no insurance broker shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 155. Chapter 176A of the General Laws is hereby amended by inserting after section 3 the following section:-

Section 3A. No corporation subject to this chapter, and no officer or agent thereof, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a hospital service plan based on information that an individual has been a victim of abuse, as defined by section one of chapter two hundred and nine A. No corporation subject to this chapter, and no officer or agent thereof, shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 156. Chapter 176B of the General Laws is hereby amended by inserting after section 5 the following section:-

Section 5A. No corporation subject to this chapter, and no officer or agent thereof, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a medical service plan based on information that an individual has been a victim of abuse, as defined by section one of chapter two hundred and nine A. No corporation subject to this chapter, and no officer or agent thereof, shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 157. Section 4H of chapter 176G of the General Laws, inserted by section 150 of chapter 60 of the acts of 1994, is hereby amended by inserting after the word "Any", in line 1, the following words:- individual or.

SECTION 158. Said chapter 176G is hereby further amended by adding the following section:-

Section 19. No health maintenance organization subject to this chapter, and no officer or agent thereof, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount or payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of a health maintenance contract based on information that an individual has been a victim of abuse, as defined by section one of chapter two hundred and nine A. No health maintenance organization subject to this chapter, and no officer or agent thereof, shall seek information that such person has been a victim of abuse as defined by said section one of said chapter two hundred and nine A. The practices prohibited under this section shall include not only those overtly discriminatory but also practices and devices which are fair in form but discriminatory in practice. Nothing in this section shall be construed as creating a special class of insureds who have been victims of abuse as defined by said section one of said chapter two hundred and nine A. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapters ninety-three A and one hundred and seventy-six D.

SECTION 159. Section 14 of chapter 185 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salary of the recorder of the land 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. The salary of the deputy recorder of said department shall be eighty-three and one-half percent of said recorder's salary and shall be paid, subject to appropriation, by the commonwealth. The salaries of assistant clerks of said department shall be seventy-seven percent of said recorder's salary and shall be paid, subject to appropriation, by the commonwealth. The salaries of the chief title examiner and title examiners of said department shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice for administration and management.

SECTION 160. Section 9A of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salaries of the clerks of the housing court department appointed under the provisions of section nine 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. The salaries of the first assistant clerks in said department shall be eighty-three and one-half percent of the salary of the clerks of said court and shall be paid, subject to appropriation, by the commonwealth. The salaries of assistant clerks in said department appointed under the provisions of section eleven shall be seventy-seven percent of said clerk's salary and shall be paid, subject to appropriation, by the commonwealth.

SECTION 161. The first paragraph of section 1 of chapter 198 of the General Laws, as most recently amended by section 32 of chapter 161 of the acts of 1993, is hereby further amended by striking out clause Third and inserting in place thereof the following clause:-

Third, debts due to the division of medical assistance for estates of individuals dying on or after July first, nineteen hundred and ninety-two, regardless of when the assistance was actually provided.

SECTION 162. Section 32F of chapter 209 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in lines 53 to 55, inclusive, the words "and a showing of a substantial change or circumstances of parties and as the benefit of the spouse or child requires" and inserting in place thereof the following words:- pursuant to section thirty-seven.

SECTION 163. Subsection (d) of section 3 of chapter 209C of the General Laws, as amended by section 70 of chapter 460 of the acts of 1993, is hereby further amended by striking out clause (6) and inserting in place thereof the following clause:- (6) a copy of the docket maintained by the district court or the Boston municipal court, if any.

SECTION 164. Section 4 of said chapter 209C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Actions under this chapter to establish paternity, support, custody or visitation of a child shall be filed in the judicial district or county in which the child and one of the parents lives.

SECTION 165. Section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 38, the words "department of public welfare" and inserting in place thereof the following words:- department of transitional assistance,.

SECTION 166. Section 7 of said chapter 209C, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The IV-D agency, as set forth in chapter one hundred and nineteen A, may appear on behalf of a plaintiff in an action to establish paternity.

SECTION 167. Subsection (a) of section 9 of said chapter 209C, as amended by section 82 of chapter 5 of the acts of 1995, is hereby further amended by inserting after the first sentence the following sentence:- Upon the petition of a party, the court shall also order past support for the period from the birth of the child to the entry of the order, taking into consideration the parent's ability to pay under subsection (c) and any support provided by the parent during such period.

SECTION 168. Subsection (f) of said section 9 of said chapter 209C, added by section 75A of chapter 460 of the acts of 1993, is hereby amended by striking out the words "administrative justice of the trial court" and inserting in place thereof the following words:- justice for administration and management.

SECTION 169. Subsection (a) of section 11 of said chapter 209C, as amended by section 77 of said chapter 460, is hereby further amended by inserting after the first sentence the following sentence:- The acknowledgment shall be recognized as a sufficient basis for seeking an order for support without further proceedings to establish paternity.

SECTION 170. Said subsection (a) of said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out the words "and shall be recognized as a sufficient basis for seeking an order for support without further proceedings to establish paternity".

SECTION 171. Subsection (b) of said section 11 of said chapter 209C, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "department", in line 22, the following words:- in the judicial district or county in which the child and one of the parents lives.

SECTION 172. Said subsection (b) of said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 23, the words ", in the manner described in (a),".

SECTION 173. Section 17 of said chapter 209C, as most recently amended by section 82 of chapter 460 of the acts of 1993, is hereby further amended by striking out, in the fourth sentence, the words "provided, however, such report shall only be admissible in accordance with accepted principles of science, statistics, and equity;".

SECTION 174. Section 18 of said chapter 209C, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 3, the words "of section twelve".

SECTION 175. Section 20 of said chapter 209C, as amended by section 83 of chapter 460 of the acts of 1993, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- A court with original jurisdiction pursuant to section three has continuing jurisdiction, upon a complaint filed by a person or agency entitled to file original actions, to modify judgments of support, custody or visitation; provided however, that no modification concerning custody or visitation shall be granted unless the court finds that a substantial change in the circumstances of the parties or the child has occurred and finds modification to be in the child's best interests.

SECTION 176. Chapter 211A of the General Laws is hereby amended by striking out section 6, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 6. The justices of the appeals court shall appoint the clerk of the appeals court for a term of five years from the date of his appointment, and may remove him. Said justices may appoint a first assistant clerk and three assistant clerks of said court for terms of three years from the dates of their respective appointments, and may remove them. Said clerk, first assistant clerk and assistant clerks shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.

The salary of the clerk of the appeals court shall be seventy-nine and nine-tenths percent of the salary of the chief justice of said court and shall be paid, subject to appropriation, by the commonwealth. The salary of the first assistant clerk in said court shall be ninety-three and thirty-seven hundredths of the salary of the clerk of said court and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said court shall be eighty-six and one-tenth percent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth.

SECTION 177. Chapter 277 of the General Laws is hereby amended by inserting after section 70B the following section:-

Section 70C. Upon oral motion by the commonwealth, the court may in its discretion treat any violation of a municipal ordinance or by-law, or any misdemeanor offense not involving a crime against the person punishable by chapter two hundred and sixty-five, as a civil infraction. A person complained of for such a civil infraction shall neither be sentenced to any term of incarceration nor be entitled to appointed counsel pursuant to chapter two hundred and eleven for said infraction.

SECTION 178. Section 6 of said chapter 211D, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the word "counsel" and inserting in place thereof the following word:- defender.

SECTION 179. Section 8 of said chapter 211D, as so appearing, is hereby amended by striking out, in line 3, the word "counsel" and inserting in place thereof the following word:- defender.

SECTION 180. Section 9 of said chapter 211D, as so appearing, is hereby amended by striking out, in line 2, the word "counsel" and inserting in place thereof the following word:- defender.

SECTION 181. Section 13 of said chapter 211D, as so appearing, is hereby amended by striking out, in lines 6 and 9, the word "counsel" and inserting in place thereof, in each instance, the following word:- defender.

SECTION 182. Section 29A of chapter 217 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "one" and inserting in place thereof the word:- six.

SECTION 183. Section 29B of said chapter 217, as so appearing, is hereby amended by striking out, in line 21, the word "one" and inserting in place thereof the word:- six.

SECTION 184. Section 35A of chapter 217 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salaries of the registers of the probate and family 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 185. Section 35B of said chapter 217, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salaries of first assistant registers of the probate and family court department shall be eighty-three and one-half percent of the salary of the registers of said department pursuant to section thirty-five A and shall be paid, subject to appropriation, by the commonwealth. The salaries of assistant registers of said department shall be seventy-seven percent of the salary of the registers of said department pursuant to section thirty-five A and shall be paid, subject to appropriation, by the commonwealth.

SECTION 186. Section 1 of chapter 218 of the General Laws, as most recently amended by section 158 of chapter 60 of the acts of 1994, is hereby further amended by striking out the first, second and third paragraphs under the caption "Essex", and inserting in place thereof the following three paragraphs:-

The first district court of Essex, held at Salem; Salem, Beverly, Danvers, Hamilton, Middleton, Topsfield, Wenham and Manchester.

The second district court of Essex, held at Ipswich; Ipswich.

The central district court of Northern Essex, held at Haverhill; Haverhill, Groveland, Georgetown, Boxford and West Newbury.

SECTION 187. Section 10 of said chapter 218 is hereby amended by striking out the first to seventh paragraphs, inclusive, as amended by section 160 of said chapter 60, and inserting in place thereof the following paragraphs:-

The clerk of a district court may, subject to the approval of the chief justice for administration and management as to compliance with personnel standards promulgated pursuant to section eight of chapter two hundred and eleven B, appoint one or more assistant clerks for whose official acts the clerk shall be responsible, who shall be paid by him unless salaries payable by the commonwealth are authorized in this section or in section fifty-three. In courts having one or more assistant clerks, the clerk may designate one as the first assistant clerk. An assistant clerk with salaries payable by the commonwealth may be appointed in courts the judicial districts of which have, according to the national census last preceding, a population of sixty thousand or more, and in the following districts:

second district court of Barnstable

district court of southern Berkshire

district court of northern Berkshire

district court of Chicopee

district court of eastern Essex

district court of Fitchburg

district court of Franklin

district court of eastern Hampden

district court of western Hampden

district court of eastern Hampshire

district court of Leominster

district court of Marlborough

district court of Natick

first district court of eastern Worcester

first district court of northern Worcester

first district court of southern Worcester

second district court of southern Worcester.

Two assistant clerks with salaries payable by the commonwealth may be appointed in:

district court of central Berkshire

first district court of Bristol

fourth district court of Bristol

municipal court of Brookline

first district court of Essex

district court of Holyoke

district court of central Middlesex

first district court of northern Middlesex

district court of Newburyport

district court of western Norfolk

district court of Peabody

fourth district court of Plymouth

district court of western Worcester.

Three assistant clerks with salaries payable by the commonwealth may be appointed in:

first district court of Barnstable

second district court of Bristol

district court of Chelsea

district court of Hampshire

first district court of eastern Middlesex

second district court of eastern Middlesex

fourth district court of eastern Middlesex

district court of Newton

district court of Southern Norfolk

second district court of Plymouth

third district court of Plymouth

district court of Somerville.

Four assistant clerks with salaries payable by the commonwealth may be appointed in:

municipal court of the Brighton district

third district court of Bristol

East Boston district court

municipal court of the South Boston district

municipal court of the Charlestown district

central district court of northern Essex

district court of northern Norfolk.

Five assistant clerks with salaries payable by the commonwealth may be appointed in:

district court of southern Essex

district court of Lawrence

district court of Lowell.

Six assistant clerks with salaries payable by the commonwealth may be appointed in:

district court of Brockton

first district court of southern Middlesex

municipal court of the West Roxbury district.

Seven assistant clerks with salaries payable by the commonwealth may be appointed in:

municipal court of the Dorchester district

district court of East Norfolk.

Eight assistant clerks with salaries payable by the commonwealth may be appointed in:

central district court of Worcester.

SECTION 188. Said section 10 of said chapter 218, is hereby further amended by striking out the thirteenth paragraph, as most recently amended by section 56 of chapter 495 of the acts of 1993, and inserting in place thereof the following paragraph:-

In the following courts, one of the assistant clerks shall be designated in charge of six-man jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice of administration and management:

third district court of eastern Middlesex

district court of Lowell

first district court of southern Middlesex at Framingham

district court of East Norfolk

central district court of Worcester

district court of Newburyport.

SECTION 189. The first paragraph of section 53 of said chapter 218, as appearing in the 1992 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following two sentences:- The salaries of the clerks shall be seventy-five and forty-seven hundredths percent of the salary of the chief justice of the department, and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks shall be seventy-seven percent of the salary of the clerks, and shall be paid, subject to appropriation, by the commonwealth.

SECTION 189A. The first paragraph of section 57 of said chapter 218, as so appearing, is hereby amended by striking out the line reading "the Roxbury division of the district court department" and inserting in place thereof the following line:- the Roxbury division of the district court department, as the chief justice of the juvenile court department may determine.

SECTION 190. Said first paragraph of said section 57 of said chapter 218 is hereby further amended by striking out the ninth subparagraph, added by section 1 of chapter 335 of the acts of 1994, and inserting in place thereof the following two subparagraphs:- `tuc Berkshire County

held at Pittsfield, within the same territorial limits as are prescribed for the criminal jurisdiction of the Pittsfield division of the district court department, as the chief justice of the juvenile court department may determine.

held at North Adams and Adams, within the same territorial limits as are prescribed for the criminal jurisdiction of the Northern Berkshire division of the district court department, as the chief justice of the juvenile court department may determine.

held at Great Barrington, within the same territorial limits as are prescribed for the criminal jurisdiction of the Southern Berkshire division of the district court department, as the chief justice of the juvenile court department may determine. `tuc Hampden County

held at Holyoke, within the same territorial limits as are prescribed for the criminal jurisdiction of the Holyoke and Westfield divisions of the district court department, as the chief justice of the juvenile court department may determine.

held at Springfield, within the same territorial limits as are prescribed for the criminal jurisdiction of the Springfield, Palmer and Chicopee divisions of the district court department, as the chief justice of the juvenile court department may determine.

SECTION 191. The fourth paragraph of section 58 of chapter 218 of the General Laws, as appearing in section 7 of chapter 12 of the acts of 1993, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The Boston court of the Suffolk county division of the juvenile court department shall have a first assistant clerk and seven assistant clerks, who shall be appointed by the clerk of said court, with all such appointments subject to approval by the chief justice for administration and management with respect to personnel standards promulgated under section eight of chapter two hundred and eleven B.

SECTION 192. Section 58 of said chapter 218 is hereby further amended by striking out the fifth paragraph, as appearing in said section 7 of said chapter 12, and inserting in place thereof the following paragraph:-

The salaries of the clerks in the juvenile 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. The salaries of the first assistant clerks in said department and the salary of the assistant clerk in charge of the appeals session shall be eighty-three and one-half percent of the salary of the clerks of said court and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said department shall be seventy-seven percent of the salary of said clerks and shall be paid, subject to appropriation, by the commonwealth.

SECTION 193. Said chapter 218 is hereby further amended by striking out section 75B, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 75B. The salaries of the first assistant clerks of the municipal court of the city of Boston and the first assistant clerk designated in charge of twelve man jury sessions of said court for criminal business shall be equal to eighty-three and one-half percent of the salary of the clerks of said court as provided for in section fifty-three.

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

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

SECTION 195. Section 80 of said chapter 218, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The salaries of the first assistant clerks of the district court divisions as designated pursuant to section ten shall be eighty-three and one-half percent of the salaries of the clerks of said divisions as provided for in section seventy-nine and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks of the district court divisions shall be seventy-seven percent of the salaries of the clerks of said divisions as provided for in section seventy-nine, and shall be paid, subject to appropriation, by the commonwealth.

SECTION 196. Section 5 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out lines 33 and 34, and inserting in place thereof the following words:-

Essex, nine assistant clerks

Hampden, seven assistant clerks.

SECTION 197. The first paragraph of section 93 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- The salary of the clerk of the supreme judicial court for the commonwealth shall be eighty-one and fifty-seven hundredths percent of the salary of the chief justice of the supreme judicial court and shall be paid, subject to appropriation, by the commonwealth. The salary of the assistant clerks of the supreme judicial court for the commonwealth shall be seventy-eight and twenty-seven hundredths percent of the salary of said clerks and shall be paid, subject to appropriation, by the commonwealth.

SECTION 198. Section 94 of said chapter 221, as so appearing, is hereby amended by striking out the first paragraph, under the caption "Supreme Judicial Court for Suffolk County", and inserting in place thereof the following paragraph:-

The salary of the clerk of the supreme judicial court for Suffolk county shall be eighty-one and fifty-seven hundredths percent of the salary of the chief justice of the supreme judicial court and shall be paid, subject to appropriation, by the commonwealth. The salary of the assistant clerks of the supreme judicial court for Suffolk county shall be seventy-eight and one twenty-seven hundredths percent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth.

SECTION 199. Section 94 of said chapter 221, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The salaries of the clerks in the superior court 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. The salaries of the first assistant clerks of the superior court division shall be eighty-three and one-half percent of the salaries of said clerks and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks in said department shall be seventy-seven percent of the salary of said clerks and shall be paid, subject to appropriation, by the commonwealth.

SECTION 200. Chapter 260 of the General Laws is hereby amended by inserting after section 2D the following section:-

Section 2E. Notwithstanding the provisions of section two A, every cause of action for personal injury or death caused by the effects of the Dalkon Shield intrauterine device, so called, shall be brought against the Dalkon Shield Claimants Trust not later than one year from the date of the certification by the United States District Court for the Eastern District of Virginia of the right to proceed to litigation or arbitration, or six months from the effective date of this section, whichever is later. This section shall apply regardless of when any such action or claim shall have accrued or been filed, and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.

SECTION 201. Section 5A of chapter 271 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 4, the words "hundred dollars" and inserting in place thereof the following words:- thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth.

SECTION 202. Section 1 of chapter 237 of the acts of 1937 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Said corporation shall consist of so many members as the corporation shall from time to time deem to be necessary or appropriate.

SECTION 203. Section 19 of chapter 645 of the acts of 1948, as appearing in section 2 of chapter 746 of the acts of 1987, is hereby amended by striking out, in line 2, the word "ninety-five" and inserting in place thereof the following word:- ninety-six.

SECTION 204. Section 13 of chapter 354 of the acts of 1952 is hereby amended by adding the following paragraph:-

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

SECTION 205. The seventh sentence of subsection (e) of section 7 of chapter 465 of the acts of 1980, as appearing in section 89 of chapter 233 of the acts of 1983, is hereby amended by inserting after the word "include", in line 2, the following words:- indirect costs and.

SECTION 206. Chapter 772 of the acts of 1987 is hereby amended by striking out section 7 and inserting in place thereof the following three sections:-

Section 7. The board of trustees at Roxbury community college shall have the responsibility and authority pursuant to chapter fifteen A of the General Laws for the management and operation of the Reggie Lewis Track and Athletic Center including the following:

(a) establishing user fees;

(b) entering into agreements with the Massachusetts State Track Coaches Association and with other public groups for the use of the facility;

(c) establishing a representative advisory board to provide advice and assistance to the board of trustees;

(d) establishing rules and regulations for the use of the Reggie Lewis Track and Athletic Center by the Massachusetts public high school track programs, members of the abutting residential community and members of the community at large and students, faculty, staff and alumni of Roxbury community college;

(e) the authority to decide the priority of uses and schedule of the Reggie Lewis Track and Athletic Center with input from the advisory committee; and

(f) entering into agreements with vendors to provide concession stand services and other agreements as deemed necessary by the board of trustees of Roxbury community college for the maintenance and operation of the Center.

Section 7A. The Reggie Lewis Track and Athletic Center shall be made available on a non-fee basis for use by the Massachusetts public high school track programs and Roxbury community college, and on a user fee basis for members of the public.

Section 7B. The annual operating expenses of the Reggie Lewis Track and Athletic Center shall be separate and distinct from the Roxbury community college appropriations, using a separate line item appropriation, and shall be audited annually by the state auditor.

SECTION 207. The third paragraph of section 74 of chapter 240 of the acts of 1989, as appearing in section 46 of chapter 145 of the acts of 1991, is hereby amended by striking out, in line 1, the word "thirty-one" and inserting in place thereof the following word:- thirty-two.

SECTION 208. Said third paragraph of said section 74 of said chapter 240, as so appearing, is hereby further amended by striking out clause (2) and inserting in place thereof the following clause:- (2) the governor shall appoint twelve additional members representing organized labor, local government, public secondary and post-secondary education and organizations representing or providing services to trainees, of whom not less than one shall be a representative nominated by and drawn from the membership of the Massachusetts Job Training Partnership Association;.

SECTION 209. The fourth paragraph of said section 74 of said chapter 240, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The twenty-three members appointed by the governor shall serve for a term of three years.

SECTION 210. Chapter 399 of the acts of 1991 is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. The commissioner of insurance is hereby authorized and directed to make an annual assessment each year in the amount of two hundred thousand dollars against the Automobile Insurers Bureau of Massachusetts, or its successor licensed under the provisions of section eight of chapter one hundred and seventy-five A of the General Laws and also to make an annual assessment each year in the amount of three hundred sixty-eight thousand six hundred and two dollars against the Workers' Compensation Rating and Inspection Bureau of Massachusetts or its successor licensed under the provisions of section fifty-two C of chapter one hundred and fifty-two of the General Laws.

Said assessments shall be paid to the commissioner within thirty days after the date of notice from the commissioner of said assessment. In addition to said assessments amounts, the assessment shall include an amount equal to the total amount of funds estimated by the secretary of administration and finance to be expended from the general fund for indirect and fringe benefit costs including but not limited to group life and health insurance, retirement benefits, paid vacations and holidays, and sick leave, attributable to personnel costs of the attorney general's office related to the purposes for which this assessment is collected. Said assessments shall be utilized by the attorney general for the purpose of the investigation and prosecution of automobile insurance fraud matters and workers' compensation insurance fraud matters referred to the attorney general by the insurance fraud bureau established pursuant to the provisions of chapter three hundred and thirty-eight of the acts of nineteen hundred and ninety. The attorney general shall designate at least six assistant attorneys general who shall devote full-time to the investigation and prosecution of automobile insurance fraud matters which are referred by said insurance fraud bureau, and shall designate at least seven assistant attorneys general who shall devote full-time to the investigation and prosecution of workers' compensation insurance fraud matters which are referred by said insurance fraud bureau. The attorney general may designate additional assistant attorney generals for the investigation and prosecution of insurance fraud matters as deemed necessary.

SECTION 211. Section 68 of chapter 71 of the acts of 1993 is hereby amended by striking out the eighth sentence and inserting in place thereof the following sentence:- The dollar amounts in this section shall be adjusted for inflation by multiplying the amounts for fiscal year nineteen hundred and ninety-five and subsequent years by the ratio of the implicit price deflator for state and local government purchases for the first quarter of the prior fiscal year to the value of the same deflator in the first quarter of fiscal year nineteen hundred and ninety-three.

SECTION 212. Section 12 of chapter 498 of the acts of 1993, as amended by section 18 of chapter 224 of the acts of 1994, is hereby further amended by adding the following paragraph:-

Notwithstanding any provision of this act or any provision of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five the provisions of sections fifteen, eighteen and nineteen of chapter eighty-four of the General Laws shall govern all claims against the bank resulting from a defect or want of repair or a want of sufficient railing in or upon a way located in or on Fort Devens. Any notice of such injury, damage or death required by law shall be given to the treasurer of the bank.

SECTION 213. The first paragraph of section 7 of chapter 60 of the acts of 1994 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Such commission shall be composed of three members of the house of representatives, three members of the senate, the secretary of the executive office of transportation and construction, the general manager of the Massachusetts Bay Transportation Authority, four members of the advisory board of the Massachusetts Bay Transportation Authority, two of whom shall represent so-called fringe communities, two members of the Massachusetts municipal association, one of whom shall represent a community outside the Massachusetts Bay Transportation Authority district but which receives services and three members of the Massachusetts association of regional transit authorities.

SECTION 214. Said section 7 of said chapter 60 is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Said commission shall report to the general court the results of its investigation and study, together with its recommendations and drafts of legislation, if necessary, to carry said recommendations into effect, by filing the same with the clerk of the house of representatives on or before the last Wednesday of January, nineteen hundred and ninety-six.

SECTION 215. Section 258 of chapter 60 of the acts of 1994 is hereby amended by striking out in the first sentence the word "June" and inserting in place thereof the following word:- November.

SECTION 216. Paragraph (8) of section 301 of chapter 60 of the acts of 1994 is hereby amended by inserting after the words "fifteenth Suffolk district", in line 8, the words:- the mayor of the city of Boston, the city councillor for district 4.

SECTION 217. Said paragraph (8) of said section 301 of said chapter 60 is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

All members of the committee shall be advised that private financial interests and personal relationships should not conflict with their public obligations. Each member shall certify in writing to the state ethics commission that they, their immediate family members, their business partners, or any business organization in which they serve as an officer or employee shall have no financial interest related to the redevelopment of the Boston State Hospital site. Such written certification shall be signed under the pains and penalties of perjury.

SECTION 218. Section 1 of chapter 73 of the acts of 1994 is hereby amended by striking out, in line 1, the word "Restoration" and inserting in place thereof the following word:- Recreation.

SECTION 219. Said section 1 of said chapter 73 is hereby further amended by inserting after the word "shoreline", in the second sentence, the following words:- of the north basin.

SECTION 220. Clause F of section 3 of said chapter 73 is hereby amended by inserting after the words "purchase or lease" the following words:- or by eminent domain under the provisions of chapters seventy-nine and eighty B of the General Laws, and to.

SECTION 221. The last paragraph of section 13 of said chapter 73 is hereby amended by inserting after the words "town taxes", in the second sentence, the following words:- , but the district's assessments shall be issued and collected separately from town taxes.

SECTION 222. Said last paragraph of said section 13 of said chapter 73 is hereby further amended by striking out, in the third sentence, the word "weekly" and inserting in place thereof the following word:- quarterly.

SECTION 223. The department of mental retardation shall obligate not less than one million dollars of the funds appropriated in items 5911-2000, 5920-2000, 5920-2010, 5920-2025, 5920-2040 and 5920-3000 in section two of this act to fund the placement of blind or retarded residents into community-based settings pursuant to the federal district court order in Ricci v. Okin. In addition, said department shall obligate not more than one hundred and fifty thousand dollars of the funds appropriated in said items for new community day and residential services for the retarded citizens in the greater Lowell area.

SECTION 224. Section eighty-eight of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four is hereby repealed.

SECTION 225. The first paragraph of subsection (f) of section 110 of chapter 5 of the acts of 1995, is hereby amended by inserting after the words "sixty month period" the following words:- unless the recipient is enrolled in an educational program or institution of higher learning approved by the department, that requires the recipient to be enrolled for a period exceeding twenty-four months in order to complete educational requirements, or.

SECTION 226. The second sentence of the fourth paragraph of said subsection (f) of said section 110 of said chapter 5 is hereby amended by inserting after clause (ii) the following clause:-

(iii) whether the recipient as enrolled in an educational program or institution of higher learning approved by the department, that requires, the recipient to be enrolled for a period exceeding twenty-four months in order to complete educational requirements.

SECTION 227. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the executive office of communities and development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program.

SECTION 228. The commissioner of the department of revenue is hereby authorized and directed to keep open and in operation all existing district offices of said department.

SECTION 229. The district attorneys in the Suffolk, Northern, Eastern, Western, Plymouth, Cape and Islands, and Berkshire districts are hereby authorized and directed to continue the operation of the community based juvenile justice program in order to coordinate efforts of the criminal justice system in addressing juvenile violence through cooperation with the schools and local law enforcement representatives, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health. The district attorney's community based juvenile justice program shall identify cases in which the juvenile offender is among those most likely to pose a threat to their community. The program shall treat the identified cases as priority prosecution cases and impose individualized sanctions designed to deter the offender from further criminal or delinquent conduct. The office of the district attorney shall work with the schools and community representatives on development of violence prevention and intervention programs, identification, protocol and curricula.

The office of the district attorney shall continue to conduct weekly working sessions focusing on specific events and particular individuals whose conduct poses a threat to schools, neighborhoods and communities. The office shall be responsible for creating, managing and updating a priority prosecution list of individuals identified as the community's most serious violent youths and repeat offenders and shall update said list as events may happen and the individual is moved through the criminal justice system. The office of the district attorney shall assign prosecutors to the community based juvenile justice program who will treat the identified cases as their priority cases and shall work with the school, courts and other agencies to deter future violent, criminal or delinquent conduct. The office of the district attorney shall further be responsible for managing the lists, compiling and publishing statistics, coordinating meetings with the assistant district attorneys assigned to the program and local law enforcement agencies, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health.

The district attorneys operating said program shall continue to participate in the community based juvenile justice program task force for the purpose of sharing information on the practices and developments of violence prevention and prosecution in their particular program and said task force shall submit a report on each program, including statistics and findings, to the house and senate ways and means committees by February first, nineteen hundred and ninety-six.

SECTION 230. Notwithstanding any special or general laws to the contrary, the Executive Office of Administration and Finance is hereby authorized to establish and allow a new position within the Department of State Police for the purpose of directing the behavioral sciences unit.

SECTION 231. Notwithstanding the provisions of section thirty of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the division of energy resources is hereby authorized to procure, in accordance with all applicable procurement and solicitation laws, comprehensive motor vehicle insurance coverage for electric vehicles purchased for use in the commonwealth's electric vehicle demonstration program; provided, however, that nothing in this section shall be construed to require any additional state appropriated funds for the division of energy resources; and provided further, that such coverage may continue or be renewed until the conclusion of the electric vehicle demonstration program.

SECTION 232. Notwithstanding the provisions of any general law, special law, regulation, or rule to the contrary, the town of Reading shall be allowed to retain the use of two portable classrooms at the Joshua Eaton Elementary School for any direct or indirect use as deemed appropriate by the School Committee in the town of Reading.

SECTION 233. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the department of public health, the division of medical assistance, hereinafter referred to as the division, and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with requirements of Title XIX of the Social Security Act. Said appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund, established by section seventeen of chapter one hundred eighteen F of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health and public health facilities pursuant to relevant rate setting commission regulations and the related Title XIX state plan amendment submitted by the division to the health care financing administration. The division, the department of public health, or the department of mental health may expend amounts transferred to it from said separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper accounting and expenditure of funds pursuant to this section.

SECTION 234. The division of medical assistance is hereby directed to implement the provisions of sections sixty-seven and sixty-eight of chapter one hundred twenty-six of the acts of nineteen hundred and ninety-four.

SECTION 235. The departments of mental retardation, public health, and education are hereby authorized to establish three regional pilot projects to develop flexible, coordinated, and substantially family-driven networks of support for families with children of school age or younger with developmental disabilities or chronic illness. The primary goal of these projects shall be the avoidance of out-of-home placements. Where appropriate, as the projects mature, other agencies within the secretariat of health and human services may be included.

The pilot project shall provide increased opportunities for families to direct, oversee, and choose the development of supports to be offered by the participating departments and provider agencies. The projects shall maximize the degree of collaboration among the various agencies to offer families a unified, seamless support system and to ensure a model that offers supports tailored to fit individual families' needs. Each project shall include extensive input from family advocacy groups as well as potential individual family participants.

The pilot projects shall go beyond existing inter-agency collaboration and demonstrate new collaboration among public agencies, private entities and families; to increase access to services, coordinated resources, and referrals; to offer more effective support to those with disabilities; and to provide technical assistance and outreach to families, providers and generic community services regarding the intent of the various pilot projects. For each pilot project, the participating departments shall enter into a memorandum of understanding outlining their responsibilities. For the purpose of this initiative, the department of mental retardation shall be the lead agency.

The pilot projects shall not exceed currently available departmental resources.

Participating departments shall collaborate to conduct a year-end evaluation of the three pilot projects. The results of this evaluation will assist in the development of interagency policies and procedures that would serve as a basis to formalize the process by which agencies interface with families and with each other. The year-end report shall be forwarded by September fifteenth, nineteen hundred and ninety-six to the house and senate committees on ways and means, the secretary of administration and finance, the secretary of the executive office of health and human services and the commissioners of the departments of mental retardation, public health, and education. In addition, results will be shared with a variety of family support organizations.

SECTION 236. For hospital fiscal year nineteen hundred and ninety-six, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund, established pursuant to section seventeen of chapter one hundred and eighteen F of the General Laws shall be the lesser of the sum of all the products of each hospital's allowable free care charges and such hospital's cost to charge ratio, calculated by the rate setting commission pursuant to section eleven of chapter six B of the General Laws, or three hundred and fifteen million dollars. For the state fiscal year nineteen hundred and ninety-six, notwithstanding any general or special law to the contrary, fifteen million dollars generated by federal financial participation made available under Title XIX of the Social Security Act to reimburse the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund.

SECTION 237. Notwithstanding the provisions of any general or special law to the contrary, the department of medical security, the division of medical assistance, hereinafter referred to as the division, and the rate setting commission are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Said appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter one hundred and eighteen F of the General Laws. Said appropriate action shall include the establishment or renewal of an interagency agreement between the division and the department of medical security which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section seventeen of said chapter one hundred and eighteen F or authorize the department of medical security to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter one hundred eighteen F or funds otherwise made available to said trust fund by the general court, to the division for purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the federal Social Security Act. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the department of medical security under said interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the department of medical security and the rate setting commission pursuant to section fifteen of said chapter one hundred and eighteen F and section eleven of chapter six B of the General Laws. Any federal funds obtained as a result of actions pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection and expenditure of funds pursuant to this section.

SECTION 238. The commissioner of highways is hereby authorized and directed to certify the second year's apportionment of the funds authorized in item 6010-3950 of section two A of chapter eighty-five of the acts of nineteen hundred and ninety-four to each city and town no later than July fifteenth, nineteen hundred and ninety-five and to issue memoranda of agreement to each city and town no later than August fifteenth, nineteen hundred and ninety-five.

SECTION 239. (a) There is hereby established a retirement incentive for certain higher education employees of the commonwealth eligible pursuant to the provisions of this section; provided, however, that this incentive shall only be available to the employees of each public institution of higher education if the board of trustees having charge of such institution agrees, by a recorded vote, to accept the provisions of this section. Notwithstanding the provisions of chapter thirty-two of the General Laws or any other general or special law to the contrary, the state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall establish and implement said retirement incentive for higher education employees, hereinafter referred to as the retirement incentive program, in accordance with the provisions of this section; provided, that in order to be deemed eligible by said board for any of the benefit options under the retirement incentive program, an employee (i) shall be a higher education employee of the commonwealth on the effective date of this act, (ii) shall have been a member in active service of the state retirement system on July first, nineteen hundred and ninety-five, (iii) shall be classified in Group 1 or Group 2 of said retirement system in accordance with the provisions of paragraph (g) of subdivision (2) of section three of said chapter thirty-two, (iv) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five of said chapter thirty-two or of subdivision (1) of section ten of said chapter thirty-two upon the date of his written application with said board, and (v) shall have filed such written application with said board in accordance with this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 240. Notwithstanding the provisions of any general law to the contrary, no city, town or regional school district shall receive less than seventy-five dollars per student under chapter seventy of the General Laws for fiscal year nineteen hundred and ninety-six.

SECTION 241. 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 charged to Massachusetts registered agents of broker-dealers from forty dollars to fifty dollars. All funds received by the secretary of state as said fee shall be deposited into the general fund.

SECTION 242. The department of highways is hereby authorized and directed to install flashing school zone lights on Mt. Hope Avenue and Woodman Street for the Hector Belisle school in the city of Fall River, and also at the intersection of Middle and Forest streets for St. Anne's school in the city of Fall River.

SECTION 243. Notwithstanding the regulation in the Code of Massachusetts Regulations, title 310, chapter 22.19, paragraph 2; or chapter 372 of the acts of 1984, or any other general or special law, rule, order or regulation to the contrary, no funds of the commonwealth or of the Massachusetts Water Resources Authority shall be expended for the purpose of constructing covered water supply reservoirs or replacing such reservoirs with enclosed storage tanks in the town of Weston until a cost/benefit analysis has been completed by the MWRA Advisory Board after a public hearing.

SECTION 244. The comptroller shall transfer into the state building management fund, established by section two AA of chapter twenty-nine of the General Laws, as appearing in this act, the balances remaining in the state transportation building management fund and the Springfield state office building management fund at the close of fiscal year nineteen hundred and ninety-five; provided, that all such balances transferred shall be made available for all purposes authorized by said section two AA.

SECTION 245. There is hereby established and set up on the books of the commonwealth a separate fund, to be administered and expended by the commissioner of the division of energy resources, known as the Energy Technology Development Fund. Said fund shall consist of monies received by the commonwealth, under the provisions of subsections five and six of section six of chapter twenty-five A, including all interest accrued on said monies, to promote energy efficiency in Massachusetts and the research, development, and commercialization of new energy technologies. The state treasurer shall not deposit said monies in or transfer said monies to the General Fund or any other fund other than the Energy Technology Development Fund. All monies credited to said fund under this section shall remain in said fund, not subject to appropriation, and shall be expended at the direction of the commissioner of the division of energy resources in a manner consistent with this section. Any unexpended balances remaining in the Energy Technology Development Fund at the end of the fiscal year shall be redeposited for further use consistent with this section and shall not revert to the General Fund. The state treasurer shall deposit all monies received under the provisions of this section in such manner that will ensure the highest rate of interest available, consistent with the safety of the fund, and in an account from which amounts may be withdrawn by said commissioner without penalty for such withdrawal.

SECTION 246. Notwithstanding the provisions of chapter thirty-two of the General Laws or of any other general or special law to the contrary, any city, town or county whose legislative and executive authorities have accepted the provisions of section forty-eight of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two, and whose retirement system has as its members the employees of the retirement board of such retirement system, shall upon the vote of said legislative and executive authorities, provide to the employees of such retirement board the same rights and privileges of election of the early retirement program as defined in said section forty-eight, under the same terms and conditions of said retirement program, just as if such members had chosen the early retirement program under the terms and time limitations of said section forty-eight; provided, that such election by the member and such acceptance by the legislative and executive authorities occur within ninety days after the effective date of this act; and provided further, that the retirement date elected under the provisions of this section shall not be later than forty-five days after the acceptance of this section by the legislative and executive authorities.

SECTION 247. Notwithstanding the provisions of any general or special law to the contrary, all expenditures which occur from item 8910-0000 of section two of this act shall be reported on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification plan promulgated by the state comptroller pursuant of the provisions of section twenty-seven of chapter twenty-nine of the General Laws. The comptroller shall submit a report to the house and senate committees on ways and means within thirty days after the effective date of this act, which shall detail how this section is to be implemented.

SECTION 248. Notwithstanding the provisions of sections eight and nine of chapter thirty-two A of the General Laws, or any other general or special law to the contrary, the accrued balance in the group insurance trust funds reported in account numbers 1120-2611 and 1120-5611 on the Massachusetts management, accounting and reporting system, so-called, shall be deposited in the general fund in an amount not less than two million eight hundred thousand dollars.

SECTION 249. Notwithstanding any general or special law to the contrary, the department of revenue shall employ an additional twenty-five field auditors in the multi-state bureau, so called, and fifteen additional field auditors in the metro bureau, so called, at a cost of no more than two million five hundred thousand dollars in salary expenses in fiscal year nineteen ninety-six. The salaries of such additional auditors shall be paid from the funds appropriated in item 1201-0130 in section two of this act. No person employed by the department as of May first, nineteen hundred and ninety-five shall be compensated from said item 1201-0130; provided, that the number of persons in field audit positions in the multi-state and metro bureaus, so called, shall increase by forty when measured against the number of persons in field audit positions in said bureau as of May first, nineteen hundred and ninety-five. The revenues assessed by said auditors shall be deposited, when collected, in the tax revenue maximization fund. Said fund shall be for the exclusive purpose of the deposit of said monies. Any monies remaining in said fund at the close of the fiscal year shall be transferred to the general fund. Said fund shall not be subject to any other transfers.

On or before the last day of the months of October, January, April and July the commissioner of the department of revenue shall report to the house and senate committees on ways and means the following information for the month just ended and the fiscal year-to-date: the number of auditors employed in each bureau of the department, the number of audits begun and completed in each bureau, the amount of monies assessed by type of tax by each bureau and the amount of tax receipts collected and deposited in the tax revenue maximization fund by type of tax.

SECTION 250. Notwithstanding any general or special law to the contrary, for the purposes of calculating the retirement benefits payable to the survivors of William O'Malley, formerly the district attorney for the Plymouth district, the state board of retirement shall credit the retirement records of said William O'Malley with three additional years of creditable service, at a rate of regular annual compensation of ninety-five thousand seven hundred ten dollars.

SECTION 251. Notwithstanding the provisions of section sixteen and seventeen of this act, during the current fiscal year and each fiscal year thereafter, the salary for the position of district attorney for the Plymouth district shall be the amount provided by law as of June first, nineteen hundred and ninety-five.

SECTION 252. The secretary of the executive office of environmental affairs, jointly with the executive director of the Cape Cod Economic Development Council, is hereby authorized and directed to establish the Massachusetts Military Reservation Environmental Technology Center for the purposes of accelerating the demonstration, certification and deployment of new and emerging environmental technologies for containment, monitoring and remediation of hazardous waste sites and educating and training of workers in relation thereto. Said Center shall be governed by a board of directors jointly appointed by said secretary and director, which shall include but not be limited to said secretary or designee, said executive director or designee, the southeast regional director of the department of environmental protection or designee, the secretary of the executive office of economic affairs or designee, the president of Cape Cod community college or designee, the adjutant general of the Air National Guard or designee, the director of the New England region of the federal Environmental Protection Agency or designee, the president of a Massachusetts state university or designee as selected by said secretary of environmental affairs, the presidents of a small and large business with its primary place of business located on Cape Cod as selected by the director of the Cape Cod Economic Development Council, the president of Woods Hole Oceanographic Institution or designee and the president of Massachusetts Maritime Academy or designee. Said Center may apply for, receive and expend monies from federal, state and private sources including venture capital, and may retain royalties from successful ventures, which sums shall be expended under the supervision of its board of directors. The Center shall facilitate, identify, review and monitor promising environmental technologies with the potential for broad impact and potential direct benefit to the Massachusetts Military Reservation, and is enabled to retain any subsequently developed rights in technology. Said Center and the commonwealth are hereby authorized to execute interagency agreements to enable the commonwealth and its agencies and institutions of higher learning to loan employees to Center projects to facilitate the development and transfer of technical expertise. Not later than January first, nineteen hundred and ninety-six, said Center shall develop and file a business plan with the Senate committee on ways and means, and the secretaries of the executive offices of environmental and economic affairs.

SECTION 253. Notwithstanding the provisions of any general or special law to the contrary, the department of employment and training shall be authorized during the duration of the one-stop career center initiative, so-called, to be a public fee chargeback department for the purposes of charging for any customized or enhanced employment and reemployment related services and labor market publications provided at the specific request of a job seeker, employer, or other individual or entity which are not deemed to be basic services by the applicable regional employment board established by section one hundred and five of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight or, in the case of labor market publications, are not required by law to be distributed free of charge; provided, however, that any funds received for such customized or enhanced services or publications may be expended by the department for the purposes of this section.

SECTION 254. Notwithstanding the regulation put forth in the Code of Massachusetts Regulations, section three hundred and ten and section nineteen of chapter twenty-two of the General Laws or chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four or any other general or special law, rule, order or regulation to the contrary, no funds of the commonwealth or of the Massachusetts Water Resources Authority shall be expended for the purpose of constructing covered water supply reservoirs or replacing such reservoirs with enclosed storage tanks in the town of Stoneham until a cost/benefit analysis has been completed by the Massachusetts Water Resources Authority Advisory Board after a public hearing.

SECTION 255. Notwithstanding any 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 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 256. The commissioner of the department of social services shall forthwith transfer to the general fund the entire balance of the expendable trust fund in the account numbered 4899-8103 on the Massachusetts management accounting and reporting system, so-called and the entire balance of the trust fund in the account numbered 4800-3110 on the Massachusetts management accounting and reporting system, so-called.

SECTION 257. The division of medical assistance and the department of medical security shall seek federal reimbursement for the payments made by the department of medical security for children's medical security plan recipients who were also enrolled in the medicaid program during fiscal year nineteen hundred and ninety-five. Said revenue shall be deposited in the general fund by the division of medical assistance not later than March first, nineteen hundred and ninety-six.

SECTION 258. There is hereby established in the office of the chief justice for administration and management of the Trial Court a pilot indigency verification unit. Notwithstanding the provisions of any general or special law to the contrary, said unit shall evaluate and verify the assets, income and expenses of persons requesting appointment of counsel pursuant to section two of chapter two hundred and eleven D of the General Laws, and make recommendations to the court relative to the appointment of counsel for such persons. Said unit shall conduct selected post-appointment reviews of indigency and inform the court of its findings. Said unit shall obtain access to records of the department of transitional assistance, the department of revenue, the department of corrections and such other agencies and may have information relevant to the unit. Said departments and all other state agencies shall comply with any request for records made by said unit. Said unit may contract with providers of asset and credit records and other relevant information for the provisions of such information to the unit.

Said unit shall operate in the Boston municipal court, the Lowell district court, and the Taunton district court. Said chief justice shall prepare and submit to the house and senate committees on ways and means on or before March first, nineteen hundred and ninety-seven, a report evaluating the operations of the unit and making recommendations concerning statewide expansion of the unit.

SECTION 259. There is hereby established in the office of the comptroller a revenue maximization pilot project which shall focus on increasing the revenues collected by the following district courts: the first district court of Barnstable, the third district court of Bristol, the district court of Springfield, the third district court of eastern Middlesex, the district court of Lowell, the district court of East Norfolk, and the central district court of Worcester. Notwithstanding the provisions of any general or special law to the contrary, the office of the comptroller shall contract with a vendor who shall be responsible for collecting court-assessed fines and fees in said district courts. Notwithstanding the provisions of any general or special law to the contrary, payment to said vendor shall be made on a contingency basis, as determined by the office of the comptroller in agreement with said vendor, as authorized herein; provided, however, that said vendor shall receive a contingency fee only if the amount of revenues collected exceeds five million nine hundred ninety-one thousand two hundred and thirteen dollars for the aforementioned courts.

The office of the comptroller shall implement the plan submitted to the chief justice of administration and management of the trial court, the state budget director, the secretary of administration and finance, and house and senate committees on ways and means pursuant to the provisions of section two hundred and fourteen of chapter sixty of the acts of nineteen hundred and ninety-four. On or before March first, nineteen hundred and ninety-seven, the comptroller shall submit a final report evaluating and detailing the operations and revenue collections of the project and making recommendations relative to statewide expansion of the project.

SECTION 260. Notwithstanding the provisions of any general or special law to the contrary, the register of deeds of Hampden county is hereby authorized to establish a certain pilot program in said county to be funded by a user's fee. Said pilot program shall consist of a plan established by the register to levy and collect a user fee of thirty dollars to be assessed and paid for in respect of the deeds, instruments and writings recorded or to be recorded in said county, which shall be in addition to the excise on said deeds, instruments and writings set forth in section one of chapter sixty-four D and section thirty-eight of chapter two hundred sixty-two, and the provisions of section eleven of said chapter sixty-four D shall not apply and shall not be considered a part of the Fund established by said section eleven.

Said register shall use funds assessed and collected in accordance with the plan set forth in the previous paragraph for any and all purposes necessary to operate and maintain the Hampden county registry of deeds in a proper and efficient manner. Said register shall prepare a budget and a proposed spending plan which shall be submitted to the department of Revenue for their approval. In the event that said funds are not used in accordance with said approved spending plan they shall revert to the General Fund. Said program shall expire on June thirtieth, nineteen hundred and ninety-eight.

SECTION 261. Notwithstanding the provisions of sections thirty-eight A to thirty-eight O, inclusive, of chapter seven of the General Laws, section thirty-nine M of chapter thirty of the General Laws, and sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws, or any other general or special law regulating the design, construction, advertising or bidding of design and of construction contracts, or any other general or special law to the contrary, the commissioner of the division of capital planning and operations may employ alternative methods of procurement of design and construction services, including design build, for the design and construction of the educational facility and production sound stage at Bunker Hill community college authorized in section twenty-eight of chapter eighty-five of the acts of nineteen hundred and ninety-four. Procedures for alternative methods of procurement shall be submitted to the general court by the division of capital planning and operations at least forty-five days prior to the execution of any contract for design or construction services.

SECTION 262. In addition to possessing such powers as have heretofore been granted by chapter one hundred and forty-five of the acts of nineteen hundred and fourteen, chapter fifteen of the acts of nineteen hundred and thirty-five, chapter two hundred and thirty-seven of the acts of nineteen hundred and thirty-seven, and chapter four hundred and seventy-four of the acts of nineteen hundred and fifty, Suffolk University is hereby empowered to award all earned and honorary degrees as are usually awarded by colleges and universities in this commonwealth, except medical and dental degrees. Said university shall be deemed to have had such power at all times since April twenty-ninth, nineteen hundred and thirty-seven.

SECTION 263. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the general fund from the funds received from the operation of said projects such costs, if any, as shall be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the secretary of education and the secretary for administration and finance.

SECTION 264. In fiscal year nineteen hundred and ninety-seven and in each subsequent fiscal year, the "Minimum aid" distributed to each city and town pursuant to the provisions of chapter seventy of the General Laws shall be the sum of (a) twenty-five dollars per student and (b) an additional amount calculated by apportioning to all minimum aid communities any amount by which the sum of statewide foundation gap, the state overburden obligation, and the statewide equity gaps, as defined in said chapter seventy, are reduced by any increase in lottery formula aid distributed in that year.

SECTION 265. In calculating the "preliminary local contribution" for fiscal year nineteen hundred and ninety-six, pursuant to the provisions of chapter seventy of the General Laws, the department of education shall determine the minimum required local contribution of the prior year using the definition of "preliminary local contribution" as it appears in this act for fiscal years nineteen hundred and ninety-five and nineteen hundred and ninety-four, as well as for fiscal year nineteen hundred and ninety-six.

SECTION 266. The wildlife management area in Belchertown, now known as Swift River Wildlife Management Area, shall be designated and known as the Herman Covey Wildlife Management Area. The division of fisheries and wildlife shall erect and maintain signage designating the area as the Herman Covey Wildlife Management Area in compliance with the standards of the division.

SECTION 267. Notwithstanding the provisions of sections thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining, and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-six proportional to the fiscal year nineteen hundred and ninety-five distribution of said Highway Fund reimbursements.

SECTION 268. The department of highways shall, in consultation with the town of New Braintree, determine what damage has been caused to roadways in the town due to construction vehicles involved with the conversion of the former Pioneer Valley Academy. This determination shall be made within six months after the effective date of this act. Upon completion of said assessment, the department of highways shall make any and all repairs necessary to roadways in the town which have been adversely affected by said construction vehicles.

SECTION 269. Notwithstanding the provisions of any general or special law to the contrary, the state college building authority is hereby directed to implement competitive bidding policies and procedures prior to awarding contracts for any legal and professional services in order to ensure that all such contracts are awarded to the highest qualified professional at the lowest possible price.

SECTION 270. Subject to the provisions of section seventy-one of chapter seventy-one of the General Laws but notwithstanding the provisions of any other general or special law to the contrary, the department of education is hereby authorized and directed to promulgate regulations which control the utilization of school buildings for multiple purposes. Said regulations shall advocate and encourage the utilization of said school buildings for uses including but not limited to after school programs, day care centers, recreation centers, senior centers and night school programs.

SECTION 271. (a) Upon the request of the selectmen in a town, the city council in a plan E city or the mayor in all other cities, the department of revenue may re-calculate the minimum required local contributions, as defined in section two of chapter seventy of the General Laws, in the fiscal year ending on June thirtieth, nineteen hundred and ninety-six. Based on the criteria outlined in this section, the department shall re-calculate the minimum required local contributions for a municipality's local and regional schools and certify the amounts calculated to the department of education.

(b) Any city or town that used qualifying revenue amounts in a fiscal year that will not be available for use in the next year, or that will be required to use revenues for extraordinary non-school related expenses for which it did not have to use revenues in the preceding fiscal year or has an excessive certified municipal revenue growth factor that is also greater than or equal to one and one-half times the state average municipal revenue growth factor may appeal to the department of revenue no later than October first, nineteen hundred and ninety-five for an adjustment of its minimum required local contribution and net school spending.

(c) If the claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense raised in the budget of the fiscal year ending on June thirtieth, nineteen hundred and ninety-six shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of free cash, overlay surplus and other available funds.

(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, said department shall re-calculate said municipal revenue growth factor and the department of education shall use this revised growth factor to calculate preliminary local contribution, minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in minimum required local contribution.

(e) Upon the request of the selectmen in a town, the city council in a plan E city, and the mayor in all other cities, in a majority of the member municipalities, any regional school district which used qualifying revenue amounts in a fiscal year that will not be available for use in the next fiscal year, shall appeal to the department of revenue not later than October first, nineteen hundred and ninety-five for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of excess and deficiency, surplus, and uncommitted reserves.

(f) Any regional school district which received regional school incentive aid in fiscal year nineteen hundred and ninety-five shall, upon the request of the selectmen in a town, the city council in a plan E city, and the mayor in all other cities, in a majority of the member municipalities, appeal to the department of education for an adjustment in the minimum required local contribution of its member municipalities. The department of education may reduce the increased assessment of the member municipalities as a result of the reorganization of the regional school district by using a portion of the regional incentive aid to reduce the prior year local contribution.

(g) If the regional school budget has already been adopted by two-thirds of the member municipalities, then upon a majority vote of the member municipalities the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with the provisions of this section.

(h) Notwithstanding the provisions of clause (14) of section three of chapter two hundred and fourteen of the General Laws or any other general or special law to the contrary, the amounts so determined shall be deemed to be the minimum required local contribution described in said chapter seventy; provided, however, that the house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified by the department of revenue and of education of the amount of any reduction in the minimum required local contribution amount.

(i) In the event that a city or town has an approved budget that exceeds the re-calculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community avails itself of any relief authorized under this section.

(j) The amount of financial assistance due from the commonwealth in fiscal year nineteen hundred and ninety-six under chapter seventy or any other provision of law shall not be changed on account of any redetermination of the required minimum local contribution under this section. The department of revenue and department of education shall issue guidelines for their respective duties under this section.

(k) Any city, town or regional school district that has long term debt due to school building construction and is in the first year of receiving School Building Assistance Bureau assistance grant money for a new project may apply for recalculation of the minimum required local contribution to exclude any such first year new grant money from the excess debt service calculation; provided that eligibility for such recalculation shall not recur in subsequent years.

SECTION 272. Notwithstanding any general or special law or regulation to the contrary, no person shall be appointed a police officer in any city or town, who is not a United States citizen on the date of appointment, unless authorized by local ordinance or by-law.

SECTION 273. Notwithstanding the provisions of any general or special law to the contrary, it shall be the stated policy of the commonwealth that when policies and programs that are funded through federal grants or federal reimbursements are reduced or eliminated by the federal government by any means including reduction in amount of said grants or conversion of such reimbursements to block grants, so-called, the commonwealth shall not assume the costs of said policies and programs including, but not limited to, personnel costs upon such reduction or elimination. The executive office of administration and finance shall institute budgetary plans, which allow for isolation of federal grants from state appropriations, in order to effect said stated policy.

SECTION 274. Salem State College is hereby authorized to establish, in the city of Gloucester, an Aquaculture Development Center. Said center shall be established for the purpose of assisting private enterprise in the creation, maintenance and expansion of aquaculture projects, both at sea and on land. Said center shall also be authorized to establish experimental sites throughout Essex County in order to achieve its mission. Said Aquaculture Center shall also be established for the purpose of educating, in conjunction with the Essex County Agricultural and Technical Institute, and, to the greatest extent possible, all school systems within Essex County, students in the secondary, post-secondary and graduate levels, in these skills, technologies and sciences relevant to the creation and maintenance of a commercial aquaculture industry in Northeastern Massachusetts and throughout the Commonwealth.

SECTION 275. Notwithstanding any general or special law to the contrary, funds in the Commonwealth Sewer Rate Relief Fund, established by section two Z of chapter twenty-nine of the General Laws, shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. Eligible indebtedness shall be defined as debt issued after January first, nineteen hundred and ninety, which has a final date of maturity greater than five years after the date of issuance and is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design, or construction of any water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 USC Sec. 1251, et seq., and sections twenty-six to fifty-three, inclusive, of chapter twenty-one of the General Laws, or any wastewater collection or transportation project related thereto; provided, that eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants; provided further, that eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter two hundred and seventy-five of the acts of nineteen hundred and eighty-nine, as most recently amended by chapter two hundred and three of the acts of nineteen hundred and ninety-two, which exceeded fifty million dollars by June thirtieth, nineteen hundred and ninety-five, and the debt service attributable thereto for any year for purposes of this section shall be the net obligation borne by the issuer after application of any credits, subsidies or assistance, however characterized, provided under the provisions of the aforementioned statutes; provided, further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board, or other instrumentality of the commonwealth or any of its potential subdivisions, which is responsible for the ownership or operation of wastewater treatment projects and is authorized to finance all or any part of the cost through the issue of eligible indebtedness, shall receive relief authorized herein in excess of twenty percent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; provided, however, that the authority shall conduct a feasibility study, analyze cost and prepare designs for projects necessary to extend the Framingham Relief Sewer Project into contiguous member communities; and; provided, further, that funds disbursed in this fiscal year from the Commonwealth Sewer Rate Relief Fund shall be disbursed to eligible issuers under the terms of this section on or before March thirty-first, nineteen hundred and ninety-six.

SECTION 276. The foyer of the Chelsea information technology center building shall be designated and known as the Regina Curtin Branch Foyer. The division of capital planning and operations shall erect and maintain a suitable plaque so designating said foyer in compliance with the standards of the division.

SECTION 277. Notwithstanding the provisions of chapter one hundred and sixty of the General Laws or any other general or special law to the contrary, no railroad corporation including any locomotive engine operated by or on behalf of the Massachusetts Bay Transportation Authority commuter rail line routes shall permit a locomotive engine passing on its railroad in the town of Wilmington to sound whistles at any grade crossing which has the following safety features: flashing lights in each direction which are automatically activated by the approaching train; two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; a bell that is automatically activated by the approaching train; overhead street lights; signs posted before the grade crossing in each direction warning motorists and pedestrians of the crossing ahead; posted speed limits for traffic of not more than forty miles per hour; and not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding the provisions of this paragraph, a train shall be required to sound its whistle in the event of an emergency.

The department of public utilities shall require that whistle markers on the railroad right-of-way on the approach to each crossing shall be replaced with bell markers within ninety days of the effective date of this act.

The department of public utilities shall notify the Massachusetts Bay Transportation Authority and all other railroad corporations operating locomotive engines in the town of Wilmington of the provisions of this section within thirty days of its effective date.

SECTION 278. Notwithstanding the provisions of chapter one hundred and sixty of the General Laws or any other general or special law to the contrary, no railroad corporation including any locomotive engine operated by or on behalf of the Massachusetts Bay Transportation Authority shall permit a locomotive engine passing on its railroad in the town of Andover to sound whistles at any grade crossing which has the following safety features: flashing lights in each direction which are automatically activated by the approaching train; two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; a bell that is automatically activated by the approaching train; overhead street lights; signs posted before the grade crossing in each direction warning motorists and pedestrians of the crossing ahead; posted speed limits for traffic of not more than forty miles per hour; and not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding the provisions of this paragraph, a train shall be required to sound its whistle in the event of an emergency.

SECTION 279. The department of public utilities shall notify the Massachusetts Bay Transportation Authority and all other railroad corporations operating locomotive engines in the town of Andover of the provisions of section two hundred and seventy-eight within thirty days of its effective date.

SECTION 280. The department of public utilities shall require that whistle markers on the railroad right of way on the approach to each crossing shall be replaced with bell markers within ninety days of the effective date of this act.

SECTION 281. There is hereby established on the books of the commonwealth a fund to be known as the Asbestos Cost Recovery Fund. Notwithstanding any general law or special law to the contrary, all sums awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgement from Commonwealth of Massachusetts v. Owens Corning Fiberglass, et. al., Suffolk Superior Court No. 90-3791-A, or received as payments by the commonwealth on account of the bankruptcy of any manufacturer, seller, or distributor of asbestos containing materials in any building that the commonwealth owns, operates or has a property interest in shall be segregated and held in such trust. The division of capital planning and operations shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos. The plan, which shall be subject to revision as necessary, shall contain provisions for emergencies, the short term and long term control of asbestos in buildings owned or operated by the commonwealth, and the removal and disposition of asbestos containing materials in such buildings. Any funds deposited in said fund shall not revert to the general fund, but shall remain available for the purposes provided herein. Any funds deposited as described above may be expended by the division of capital planning and operations, subject to appropriation, consistent with the purposes of this section.

SECTION 282. The division of medical assistance shall pay to reserve the bed in a nursing facility of any medical assistance recipient who is a nursing facility resident who has been transferred to an inpatient hospital for up to ten consecutive days and shall pay for temporary absences for recipients in nursing facilities and units for up to a total of fifteen days per calendar year when the recipient is absent from the facility for nonmedical reasons.

SECTION 283. The division of medical assistance shall not make the regulations, criteria and standards for determining admission to and continued stay in a nursing facility more restrictive than those regulations, criteria and standards in effect on January first, nineteen hundred and ninety-five.

SECTION 284. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs, including administrative costs, incurred on behalf of the employees of said agencies. The commissioner of the division of public employee retirement administration shall notify agencies within ten days of the effective date of this act as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-five. The commissioner of the division of public employee retirement administration shall notify agencies not later than fourteen days after the enactment of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-five, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-five and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said commissioner shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-five. Within thirty days after the effective date of this act, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber funds that are sufficient to meet the annual charges on behalf of such agency. Costs to agencies for benefits paid on behalf of their employees shall be allocated as actual expenditures are made. Administrative expenses shall be allocated to agencies based on each agency's percent of total benefits paid in the prior fiscal year. The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer said amount to item 1108-6201 of section two B of this act for the purposes of workers' compensation paid with respect to public employees for any costs, including administrative costs, incurred during the fiscal year. The division of public employee retirement administration may expend an amount so collected for all agencies under this section not to exceed forty-five million dollars for hospital, physician, benefits, and other costs, including administrative costs, without further appropriation. Not later than fourteen days after the effective date of this act, and on the first day of each succeeding quarter during the fiscal year, the division of public employee retirement administration shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency. The commissioner of the division of public employee retirement administration is authorized to establish regulations and procedures to implement this section.

SECTION 285. The division of capital planning and operations is hereby authorized and directed to provide in consultation with the appropriate district attorney, adequate space allocation to house the district attorney's grand jury unit, superior court staff, appellate unit staff, and executive and administrative staff where applicable in any existing or newly constructed, reconstructed or renovated courthouse in the commonwealth. No design, redesign, construction or renovation of any court facility referenced herein shall be finalized by the commissioner of the division of capital planning and operations until a formal presentation has been given to the district attorney on the design plans for the new, reconstructed or renovated facility. Further, said division of capital planning and operations is hereby authorized and directed to provide adequate space allocation to house the appropriate county sheriff in any existing or newly constructed, reconstructed or renovated courthouse in the commonwealth. No design, redesign, construction or renovation of any court facility referenced herein shall be finalized by the commissioner of the division of capital planning and operations until a formal presentation has been given to the county sheriff on the design plans for the new, reconstructed or renovated facility.

SECTION 286. The division of capital planning and operations is hereby authorized and directed to consult with the director of the George Fingold library for the construction, renovation, design, or redesign of said library. No design, redesign, construction or renovation of said library shall be finalized by the commissioner of the division of capital planning and operations until a formal presentation has been given to said director on the design plans for the new, reconstructed or renovated library; provided, however, that written documentation signed by the director of the George Fingold library and the commissioner of the division of capital planning or his designee of said presentation is submitted to the house and senate committees on ways and means upon final authorization by said commissioner within thirty days of said presentation.

SECTION 287. Subject to appropriation, the department of transitional assistance is hereby authorized to expand the Parents Fair Share Program to the city of New Bedford through an interagency agreement in which the department of revenue shall administer said program.

SECTION 288. The department of transitional assistance, the department of environmental management and the department of employment and training are hereby authorized to develop a training and employment program for recipients of aid to families with dependent children. The departments shall ensure that program participants shall not be used to displace regular employees nor to fill unfilled positions previously established nor to do work typically performed by bargaining unit employees. Costs that are incurred by the department of environmental management to implement said program shall be reimbursed through interagency service agreements and the department of environmental management is hereby designated as the seller agency for said program purposes.

SECTION 289. Notwithstanding any general or special law to the contrary, the provisions set forth at 310 CMR 15.000 through 15.261 and at 310 CMR 15.290 through 15.504, shall provide that any homeowner who has installed a new septic system in accordance with said regulations, and can provide for that septic system a certificate of compliance issued by the local board of health, shall be exempt from the mandatory inspection requirement in the event that the homeowner seeks to sell the home, within eighteen months from the installation of said septic system.

SECTION 290. Notwithstanding the provisions of any general or special law or regulations to the contrary, an acute hospital, as defined in section one of chapter six B of the General Laws, in the city of Somerville, which owed a payment to or was owed a payment by the Uncompensated Care Pool Trust Fund during each of the hospital's fiscal years nineteen hundred and ninety-two, nineteen hundred and ninety-three, nineteen hundred and ninety-four and nineteen hundred and ninety-five shall have all liability which that hospital has or might otherwise have to said trust fund as a result of any revenue compliance calculations of the rate setting commission under the provisions of section fifty-six of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one or any calculation by the department of medical security under the provisions of said section permanently extinguished and of no further force or effect.

SECTION 291. Notwithstanding the definition of "Net school spending" in section two of chapter seventy of the General Laws, as amended by this act, for purpose of calculating the minimum required local contribution for fiscal year nineteen hundred and ninety-six, pursuant to chapter seventy of the General Laws, the department of education shall consider health care costs for retired teachers to be part of net school spending for any town in which health care costs for retired teachers were considered to be part of net school spending in fiscal year nineteen hundred and ninety-four. The department shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year nineteen hundred and ninety-four. If there is any conflict between the provisions of this section and the distributions listed in section three of this act, said section three shall prevail.

SECTION 292. The department of environmental protection shall extend the amnesty period for implementation of the regulations pursuant to chapter ninety-one of the General Laws to October fourth, nineteen hundred and ninety-six.

SECTION 293. (a) Notwithstanding the provisions of section three hundred and eighty-seven of chapter one hundred and ten of the acts of nineteen hundred and ninety-three, or any other general or special law to the contrary, from July first, nineteen hundred and ninety-five until December thirty-first, nineteen hundred and ninety-five, no new license to operate the game known as keno shall be made available to any licensee licensed under section twenty-seven of chapter ten of the General Laws other than licenses granted pursuant to the provisions of subsection (b) of this section; provided, however, that this section does not authorize the revocation of any license granted before the effective date of this section.

(b) A license to operate keno shall be granted by the chairman of the lottery commission or his designee to any license licensed under section twenty-seven of chapter ten of the General Laws; provided, that such licensee does not owe a financial obligation to the commonwealth and has not been convicted of a felony; provided further, that not less than twenty-one days before issuing any such license, the lottery commission shall publish in a newspaper of general circulation in an area including the municipality where said keno license will operate, notice that an application for such license has been filed with the lottery commission. Said notice shall include the name and business address of said keno license applicant; the address wherein said keno license will operate, the licensee's estimated weekly traffic; the licensee's current number of cashier positions that sell lottery commission products; the percentage of floor space that is currently devoted to lottery sales; and the percentage of floor space that will be devoted to keno sales. No such license shall be issued to which the local licensing authority, as defined in section one of chapter one hundred and thirty-eight of the General Laws, has objected to in writing, except after a hearing under chapter thirty A of the General Laws and unless the chairman of the lottery commission thereafter determines in writing, after considering all relevant circumstances, that such license is in the public interest and approves in writing the issuance of such license, notwithstanding the objection of the local licensing authority.

(c) No rules or regulations relating to the game known as keno shall be promulgated by the lottery commission as emergency regulations, as defined by said chapter thirty A of the General Laws.

(d) There is hereby established a special commission consisting of the house and senate chairmen of the joint committee on government regulations or their designees and two additional members of the house of representatives and two additional members of the senate; the executive director of the Massachusetts lottery commission or his designee, a representative of the Massachusetts Restaurant Association, a representative of the New England Convenience Stores Association, and two representatives of the Massachusetts Municipal Association, one of whom shall be from a city and one of whom shall be from a town. The commission shall be co-chaired by the chairmen of the committee on government regulations or their designees.

The commission shall investigate the lottery commission's management and oversight of the implementation of the lottery game known as keno, the role of local government in the granting of licenses for the lottery game known as keno, the financial impact of restrictions of keno licenses on the lottery and lottery agents and any other issues that may relate to the impact of the expansion of keno to the citizens of the commonwealth.

The commission shall conduct its investigation and report back its findings, including recommendations for legislation, to the clerk of the house of representatives and the clerk of the senate not later than November first, nineteen hundred and ninety-five.

SECTION 294. A housing authority which provides housing units pursuant to section thirty-nine of chapter one hundred and twenty-one B of the General Laws shall give priority in placement to nonelderly handicapped persons of low income who are eligible to receive such housing and who are qualified under the criteria established by the executive office of communities and development, in fifteen percent of said units; provided however, that such housing authority shall give a priority in placement to persons of low income and sixty years of age or older who are otherwise eligible to receive such housing and who are qualified under the criteria established by said executive office, in eighty-five percent of such units. If a housing authority determines that there is an insufficient number of eligible and qualified persons who are sixty years of age or older and of low income to occupy eighty-five percent of such units, such housing authority shall give priority in placement to eligible and qualified persons of low income who have attained the age of fifty but who are less than sixty years of age and who are on a waiting list for said elderly housing. If a housing authority determines there are insufficient numbers of persons who have attained the age of fifty but who are less than sixty, the housing authority may place handicapped persons of low income who reside in the community of the said housing authority who otherwise qualify under the criteria established by said executive office. This section shall not apply to those currently residing in housing pursuant to this section.

SECTION 295. The secretary of communities and development and the secretary of economic affairs are hereby authorized to carry out an interagency agreement for the expenditure of one million five hundred thousand dollars from the oil overcharge trust fund, so called, 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, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of nineteen hundred and eighty-one, as amended; provided, that said amount may be expended from said fund for the fiscal year ending June thirtieth, nineteen hundred and ninety-six without further appropriation; provided further, that unexpended funds from an interagency agreement between the secretary of communities and development and the secretary of economic affairs for the fiscal year ending June thirtieth, nineteen hundred ninety-five are carried forward at and retained by the executive office of communities and development for said programs for low-income elders and families; provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low income elders and families shall not be subject to federal reimbursement; provided further, that funds provided through interagency agreements authorized herein for supplemental energy assistance for low income elders and families do not constitute an ongoing obligation of the commonwealth.

SECTION 296. Notwithstanding the provisions of section six of chapter two hundred and eleven D of the General Laws, the committee for public counsel services is authorized and directed to establish a pilot program serving Essex and Hampden counties utilizing attorneys of its public counsel division to represent indigent persons entitled to be represented in children-family law cases, so called, including but not limited to, care and protection cases pursuant to chapter one hundred and nineteen of the General Laws, child in need of services cases pursuant to section thirty-nine E of chapter one hundred and nineteen of the General Laws, actions to dispense with parental consent for adoption pursuant to chapter two hundred and ten of the General Laws, and guardianship of minor petitions pursuant to chapter two hundred and one of the General Laws. Said committee for public counsel services shall file with the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-six, a report detailing the results of said pilot program including cost, quality, and accountability of the provision of counsel through such above authorized pilot program, as compared to contracting out such cases to private counsel through request for proposal procedures and as compared to individual assignments of such cases to certified private counsel of the private counsel division of the committee for public counsel services; provided, that said pilot program shall be limited to the period of July first, nineteen hundred and ninety-five to June thirtieth, nineteen hundred and ninety-six.

SECTION 297. Notwithstanding the provisions of any general or special law to the contrary, the head of each agency which is funded in any item of appropriation in sections two or two B of this act by means of a minor budgetary fund or dedicated fund, so-called, shall file an initial spending plan with the comptroller and with the house and senate committees on ways and means on August first, nineteen hundred and ninety-five. Said initial spending plan may be amended in a final spending plan filed with the comptroller and said committees on ways and means by September fifteenth, nineteen hundred and ninety-five. Said spending plans shall indicate anticipated revenues to, and expenditures from, such minor budgetary funds or dedicated funds for the fiscal year ending June thirtieth, nineteen hundred and ninety-six.

SECTION 298. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized to enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for said purpose; provided, however, that payments to private vendors on account of said projects shall be made from actual cost savings as certified in writing to the house and senate committees on ways and means by the comptroller and the state budget director that are attributable to such cost avoidance projects; provided, further, that the comptroller may establish procedures in consultation with the state budget director and the affected departments as he deems appropriate and necessary to accomplish the purposes of this section; provided, further, that nothing herein shall be construed so as to allow the comptroller or the state budget director to establish any accounts without prior statutory approval. The state budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance opportunities which are undertaken pursuant to the provisions of this section. The comptroller shall report on said projects as a part of his annual report under section twelve of chapter seven A of the General Laws.

SECTION 299. The department of public health, in conjunction with child and family-serving agencies, shall conduct an annual assessment on the impact of the public welfare system on the health and well-being of the children and youth of the commonwealth.

Said child health assessment shall include but not be limited to: the measurement and assessment of nutritional status; birth outcomes status; poverty status; school readiness status; and safety status, including injury prevalence rates and hospitalization rates, of the children and youth of the commonwealth.

Costs of conducting said assessment shall not exceed currently available departmental resources.

Said child health assessment statement shall be submitted to the house and senate ways and means committees, the human service committee, the health care committee, the education committee, and the Massachusetts legislative children's caucus by April first of each year.

SECTION 300. Notwithstanding any general or special law to the contrary, upon passage of an environmental law by the general court concerning Title V of the state environmental code regarding subterranean septage disposal, the executive office of environmental affairs may recommend any necessary regulation in accordance with the law. The executive office of economic affairs and the executive office of communities and development shall then evaluate the prospective regulation using the following three criteria:

The regulation shall

(1) not be unnecessarily duplicative of other federal or state regulations;

(2) be consistent with existing state statutes and regulations;

(3) be clearly within the authority delegated by law.

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 of whom shall be a representative of the Massachusetts hi-tech council, one representative from the Associated Industries of Massachusetts, one representative from the Massachusetts business roundtable, one representative from the Massachusetts bio-tech council, 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 secretariats 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 V which have historically proven to be most problematic to small and medium sized businesses. 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 V. Small businesses having difficulties meeting state or federal environmental regulations concerning said Title V 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 shall be provided through the secretariat of economic affairs to appropriate executive branch agencies.

SECTION 301. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established and set up on the books of the commonwealth a separate fund to be known as the commonwealth economic development fund. The comptroller is hereby authorized and directed to transfer all remaining balances in the federal loan interest fund created by section sixteen of chapter twenty-six of the acts of nineteen hundred and ninety-two into said commonwealth economic development fund; provided, that no other funds, revenues, or reimbursements of any kind shall be credited to said commonwealth economic development fund. Monies from said fund shall be expended, subject to appropriation, to promote employee and worker training, education and the general economic development of the commonwealth.

SECTION 302. Each contract entered into or renewed or effective on or after July first, nineteen hundred and ninety-five, between the state and a private human service provider that delivers mental health or mental retardation services under contract with departments within the executive office of health and human services shall set forth rates of compensation for all employees, and said rates shall specify the number of hours per week each employee will be required to work in exchange for said compensation. In each contract, the private human service provider shall agree to pay the rates of compensation set forth in the contract.

SECTION 303. For the purposes of determining the amount of and collecting certain taxes in fiscal years ending on or before June thirtieth, nineteen hundred and ninety-eight, the commissioner of the department of revenue is authorized to enter into agreements for projects to identify and pursue maximum tax revenue compliance with one or more private persons, companies, associations or corporations doing business in the commonwealth to design and develop programs and provide collection services within and outside the commonwealth with respect to unpaid taxes. The compensation for services shall be based on a percentage of taxes that can be attributed to the implementation of such programs or the amount of taxes actually collected. The agreements may also provide for the referral to private collection agencies of taxpayer accounts for collection purposes. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper and the central register of goods and services published by the state secretary once a week for at least two consecutive weeks and the last publication to be at least one week prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. The commissioner may reject any or all such proposals. The commissioner shall not assign the account of any taxpayer to a private collection agency until such taxpayer has been sent a notice at least thirty days prior thereto, of the intention of the commissioner to so assign the collection of such unpaid taxes of such taxpayer. Any such agreement may provide, in the discretion of the commissioner, that such compensation shall be added to the amount of the tax and collected as part thereof by the contractor; deducted and retained by the contractor from the amount of tax collected; or paid by the commonwealth from the amount of tax attributable to the implementation of a program or the tax collected, without appropriation therefor. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed under this section.

The revenues assessed by this section shall be deposited, when collected, in the tax revenue maximization fund. Said fund shall be for the exclusive purpose of the deposit of said monies. Any monies remaining in said fund at the close of the fiscal year shall be transferred to the general fund. Said fund shall not be subject to any other transfers.

The commissioner shall report to the house and senate committees on ways and means on or before the last day of January the performance of the tax revenue maximization programs authorized under the provisions of this section, detailing by tax for the six month period ending the preceding month by vendor and program: the private persons, companies, associations or corporations with whom the commissioner has agreements for programs authorized by the provisions of this section during the fiscal year, a description of the program, the amount of tax attributable to, assessed by, collected by and the compensation paid to each such private person, company, association or corporation pursuant to said agreements. The commissioner shall, annually on or before July thirty-first, provide the preceding information as well as the following for each program since the inception of said program: the amounts of taxes attributable to, assessed by and collected by and the compensation paid to each such person, company, association, or corporation; method by which each such person, company, association, or corporation earns compensation pursuant to each agreement made between the department and each such person, company, association, or corporation; the amount collected by each such compared to the amount of debt assigned by the department to each such person, company, association, or corporation pursuant to said agreements; and all complaints, if any, brought against any such person, company, association, or corporation, and the results of any such complaints. Such a list shall be transmitted to the house and senate committees on ways and means.

On or before the last day of the months of October, January, April and July the commissioner of the department of revenue shall report to the house and senate committees on ways and means the status of the tax receivables for the quarter ending the previous month and the same period of the previous year. Such report shall contain, at a minimum, the amount of receivables at the beginning of the period, the amounts added in assessments, the amounts collected, the amount of receivables outstanding at the end of the period which have remained uncollected for: no more than six months, more than six months but no more than one year, more than one year but no more than three years, more than three years but no more than six years, the amounts in each of the periods which are classified as uncollectible, and any amounts written off.

Agreements pursuant to this section shall comply with sections fifty-two to fifty-five, inclusive, of chapter seven of the General Laws. The provisions of this section shall remain in effect until June thirtieth, nineteen hundred and ninety-eight.

SECTION 304. As used in this section, the following words shall have the following meanings:-

"Commissioner", the commissioner of the division of capital planning and operations.

"Project", the courthouse or courthouses to be constructed in the town of Plymouth upon the site for the purpose of providing courtrooms and administrative offices for the trial court, including, as determined by the chief justice for administration and management, superior court, district court, juvenile court, and housing court departments.

"Site", the parcel or parcels of land located within the town of Plymouth upon which the project shall be constructed.

Notwithstanding the provisions of section forty E through forty I, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary, the commissioner is hereby authorized, subject to the requirements of this section, to acquire, by purchase, eminent domain pursuant to chapter seventy-nine of the General Laws, or otherwise, any and all interests in the land and buildings deemed necessary by said commissioner to construct and operate the project, including, but not limited to, all such interests deemed necessary to provide for utilities, environmental mitigation, and other purposes essential to the project.

Notwithstanding the provisions of sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven of the General Laws, section thirty-nine M of chapter thirty of the General Laws, and section forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws, or any other general or special law regulating the design, construction, advertising or bidding of design and of construction contracts, or any other general or special law to the contrary, the commissioner is authorized to select and contract with a single contractor to provide design/build services for the design and construction of the project. The division of capital planning and operations may develop procedures for procurement of design/build services in consultation with the office of the inspector general and the chief justice for administration and management. Final procedures shall be submitted to the inspector general for comment at least thirty days prior to the solicitation of proposals for design or construction services. Such procedures and the inspector general's comments shall be submitted to the governor, the senate president, the speaker of the house and members of the general court by the division of capital planning and operations at least forty-five days before to the execution of any contract for design or construction services.

SECTION 305. Notwithstanding the provisions of any general or special law to the contrary, the criminal justice training council is hereby authorized and directed to charge one thousand eight hundred dollars per recruit for training programs operated by the council for recruits of municipal police departments who began training on or after July first, nineteen hundred and ninety-five. The state comptroller is hereby authorized and directed to transfer one thousand eight hundred dollars multiplied by the number of such recruits from each municipality from the local aid payments of the municipality in which said recruit shall serve. Said transfers shall be made in the fiscal quarter immediately following the completion of training. The state comptroller shall certify all such transfers to the house and senate committees on ways and means no later than thirty days after completion of said transfer. Upon completion of training, said training fee shall be deducted from the recruit's wages in eighteen equal monthly installments or as otherwise negotiated.

SECTION 306. Notwithstanding the provisions of any general or special law, or any rule or regulation to the contrary, the executive office of communities and development is hereby authorized to conduct an annual verification of household income levels for the purposes of administering the state and federal housing subsidy programs funded in items 3222-9005, 3222-9024, 3722-9011, 3722-9013, 3722-9014, 3722-9019, 3722-9020, and 3724-9009 in this act; provided, however, that as a condition for eligibility or continued occupancy by an applicant or tenant, said executive office may require disclosure of social security numbers and state tax returns by said applicant or tenant and members of said applicants or tenants household for use in verification of income eligibility. Said executive office is hereby further authorized to consult with the department of revenue, the department of transitional assistance, or any other state or federal agency it deems necessary to conduct such income verification, and that, notwithstanding the provisions of any general or special law to the contrary except the provisions of section twenty-one of chapter sixty-two C and section three of chapter sixty-two E of the General Laws, said state agencies are hereby authorized and directed to consult and cooperate with said executive office and to furnish all relevant information in the possession of said agencies for said applicants or tenants or members of said applicants or tenants household including, but not limited to, applications for public assistance or financial aid; provided, however, that the department of revenue shall only release such information as allowed under the provisions of said section twenty-one of said chapter sixty-two C and section three of said chapter sixty-two E. For the purposes of conducting such income verification, the secretary of communities and development is hereby authorized to consult with the commissioner of revenue to obtain limited taxpayer information from the department of revenues wage reporting and bank match system, in accordance with the provisions of said section twenty-one of said chapter sixty-two C and said section three of said chapter sixty-two E, for the specific purpose of verifying the income and eligibility of said applicants or tenants and members of said applicants or tenants households in such state and federally assisted housing programs.

SECTION 307. The executive office of administration and finance is hereby authorized and directed to examine the compensation paid to direct care workers employed in the purchase of service system through contracts with the departments of mental health and mental retardation and the compensation paid to day care workers employed in the purchase of service system through contracts with the departments of transitional assistance and social services. Said executive office shall examine the basis for such compensation and any changes necessary thereto to encourage continued quality in the provision of services on behalf of clients of said departments; provided, that said executive office shall take into consideration compensation paid for such services in other states and by other agencies of the commonwealth. Said executive office shall develop guidelines for implementation of adjusted compensation levels by said contracting agencies that discourage said agencies from using historic costs as the sole basis for negotiating contract renewals and to more closely reflect component pricing for direct care positions as set forth in the most current "Component Price Catalog" as issued by the division of purchased services. Said guidelines shall further encourage agencies to consider said reexamined compensation levels when negotiating new contracts or contract renewals after fully identifying any administrative and other savings in such contracts to assist in the adjustment of compensation levels for direct care staff. Said guidelines shall be submitted to the house and senate committees on ways and means on or before the fourteenth day of December, nineteen hundred and ninety-five.

SECTION 308. (a) The provisions of section eighteen of chapter one hundred and eighty-four of the General Laws and chapter two hundred and thirty-nine of the General Laws shall apply to a lawful housing occupant who is a client in a program of residential care and services licensed, funded or operated by the department of mental health and who (1) pays the program for such residential care and services; and (2) receives from the program care and services in a housing unit equipped with a kitchen and bathroom; and (3) occupies the unit either alone or with the occupant's family, as defined in the regulations of the department.

(b) The provisions of section eighteen of chapter one hundred and eighty-four of the General Laws and chapter two hundred and thirty-nine of the General Laws shall not apply to an occupant in a program of residential care and services which does not satisfy the conditions established in paragraph (a) if, prior to eviction, such occupant has received the procedural protections contained in paragraph (c).

(c) (1) A provider who seeks the eviction of an occupant in a program of residential care and services of the department which does not satisfy the conditions established in paragraph (a) shall provide to the occupant and to the department written notice of the grounds of the proposed eviction, including reasons, relevant facts and the sources of such facts. Such notice shall contain a reference to this section and shall advise the occupant that he has the right to a hearing, to be represented at such hearing and to examine his file beforehand. At the request of the occupant, the provider shall afford the occupant, or his representative, prior to the hearing, reasonable access to review and copy his file, which shall include any document intended to be used against him at such hearing.

(2) Upon receipt of notice from the provider, the department shall immediately assign an impartial hearing officer to conduct a hearing on the propriety of the proposed eviction. The hearing officer shall select a hearing location convenient to the provider and occupant and shall conduct the hearing not less than four business days and not later than ten business days after receipt of the proposed eviction notice, unless the provider and occupant jointly request an alternate date. A provider and occupant may be represented by anyone of his choosing and shall be afforded the opportunity to present relevant evidence, to examine adverse evidence and to examine and cross-examine witnesses.

(3) The provider shall have the burden of proving, by a preponderance of evidence, the propriety of the proposed eviction; provided, however, that all such evidence shall be within the scope of the reasons for eviction set forth in the notice required by subparagraph (1). An eviction under this section shall be deemed proper if the occupant has substantially violated an essential provision of a written agreement containing the conditions of occupancy or if the occupant is likely, in spite of reasonable accommodation, to impair the emotional or physical well-being of other occupants, program staff or neighbors.

(4) At the conclusion of the hearing, the hearing officer shall prepare a written decision containing findings of fact and conclusions of law based on the evidence received at the hearing and shall submit a copy of the decision to the occupant and provider. The decision may be appealed to the superior court pursuant to section fourteen of chapter thirty A of the General Laws.

(5) Prior to the receipt of a written decision, the provider may request the department to provide additional staffing or other assistance to protect the emotional or physical well-being of other occupants, program staff or neighbors. Upon receipt of such request, the department shall provide such timely assistance as it deems reasonable and appropriate.

(6) Upon receipt of a hearing officer's decision confirming the propriety of a proposed eviction, the department shall take steps to secure for an occupant who would otherwise become homeless appropriate housing in the least restrictive setting appropriate to the mental condition of the occupant.

(d) Nothing in this section shall be construed to (1) restrict a provider from initiating an eviction proceeding under chapter two hundred and thirty-nine of the General Laws if the department has filed to conduct a timely hearing pursuant to subparagraph (2) of paragraph (c); (2) restrict the temporary removal of an occupant under section twelve of chapter one hundred and twenty-three of the General Laws; (3) apply to any facility defined in paragraph (u) of section one of chapter forty D of the General Laws or section seventy-one of chapter one hundred and eleven of the General Laws; (4) diminish the rights of a lawful occupant of an assisted living facility, so-called, or (5) diminish or alter any other occupant rights or privileges not specifically covered in this act.

(e) The superior court, housing court and district court departments shall have jurisdiction in equity to enforce the provisions of this section, and the department may be made a party to any such action.

The provisions of this section shall take effect on July first, nineteen hundred and ninety-six and shall apply to evictions initiated on or after said date. The provisions of this section shall expire on June thirtieth, two thousand and one; provided, however, that any proceeding pending on said date shall be governed by the provisions of this section.

SECTION 309. Notwithstanding the provisions of any general or special law to the contrary, except for sections fifty-two to fifty-five, inclusive, of chapter seven of the General Laws, the secretary of administration and finance is authorized and directed to identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee is authorized to enter into contracts with private vendors, and to enter into interagency service agreements with departments, to identify and pursue said projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project. For the purposes of this section, such payments to vendors for services performed shall be known as "vendor participation payments" and non-tax revenue collected pursuant to this section, after deduction of vendor participation payments, shall be known as "net additional revenue". The terms "departments" or "participating departments" shall mean any department, agency, board, commission, office or institution under the executive control of the governor or other constitutional officers and determined by the secretary to be participating in the revenue optimization projects authorized by this section.

In no case shall a vendor be compensated nor a department receive an allocation or reallocation for collection of a fee or any other non-tax revenue from which the commonwealth collected revenues in any fiscal year between nineteen hundred and ninety through nineteen hundred and ninety-five, inclusive, if the net additional revenue attributable to the collection of said fee or other non-tax revenue is less than the highest amount of revenue collected from said fee or other non-tax revenue in any of the aforementioned fiscal years; provided further that said net additional revenues shall only be those amounts collected which are in excess of the amounts projected in section one B of this act for each department, office, commission and agency. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed under this section.

The comptroller shall deposit in the revenue maximization fund, established by section two R of chapter twenty-nine of the General Laws, all monies collected pursuant to the provisions of this section. The comptroller is hereby authorized to allocate from said fund, upon direction of the secretary of administration and finance, up to four million dollars to participating departments; provided, that any amount so allocated shall be in excess of the first twenty million dollars in net additional revenues credited to said fund consistent with this section and item 1599-0033 in section two. The comptroller shall transfer to the General Fund at the close of the fiscal year, after providing for vendor participation payments, the first twenty million dollars in net additional revenues and any balance remaining in said fund after providing for said allocations. No expenditure shall be made from said revenue maximization fund which would cause said fund to be in deficit at the close of the fiscal year.

Departments receiving allocations pursuant to said item 1599-0033 and this section may expend such funds without appropriation after obtaining the written approval of said secretary or his designee of a plan detailing said proposed expenditures and filing said approved plan with the house and senate committees on ways and means. All expenditures made pursuant to the provisions of this section and item 1599-0033 of this act shall be for one-time expenses which shall not recur in fiscal year nineteen hundred and ninety-seven or a subsequent fiscal year. No expenditures authorized by the provisions of this section and said item shall supplant funds appropriated in any item of appropriation in sections two or two B of this act or in sections two or two A of any supplemental appropriations act enacted in fiscal year nineteen hundred and ninety-six or a subsequent fiscal year. For the purposes of this section, the term "supplant" shall be defined as expenditures made for any purpose which receives an appropriation in this act or a subsequent appropriation act. Any unexpended balance from said allocations at the end of each fiscal year shall revert to the General Fund unless said spending plan has been approved by the secretary as a multi-year expenditure.

The comptroller shall report on or before the last day of January to the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the six month period ending the preceding month. Such information shall detail by each vendor, project and department: the amount of vendor participation payments paid to each such vendor, the net additional revenues retained by the commonwealth, the amounts allocated or reallocated to each such participating department pursuant to said item 1599-0033 and this section and the estimated annual receipts, payments and allocations for the fiscal year.

The comptroller shall report to the house and senate committees on ways and means on or before July thirty-first of each year the preceding information for the prior fiscal year and the total of all vendor participation payments made to each vendor and the net commonwealth receipts collected by each project over the duration of the project.

On or before July thirty-first of each fiscal year, the comptroller, after approval of said secretary, shall submit to the house and senate committees on ways and means a plan detailing by executive office and department the net additional revenues estimated to be collected under the provisions of this section in the fiscal year.

The provisions of this section shall remain in effect until June thirtieth, nineteen hundred and ninety-eight.

SECTION 310. The commissioner of public health shall certify to the state comptroller the amounts owed by the offices of the county sheriffs for the medical care of county correctional inmates at the Lemuel Shattuck hospital for fiscal years prior to fiscal year nineteen hundred and ninety-six. The state comptroller is hereby authorized and directed, in conjunction with the division of local services in the department of revenue, to conduct a study of county sheriffs' prior fiscal year obligations, which shall include, but not be limited to the following: (i) outstanding county sheriffs' obligations delineated by county and by fiscal year; (ii) the availability of funds to county sheriffs' offices in items 8910-0000 and 8910-0010 in section two of this act and from other county revenue sources to be allocated for said obligations; and (iii) the impact of transferring or allocating monies from said county sheriffs' funds for said obligations. Said comptroller shall submit the findings of said study to the executive office of administration and finance and the house and senate committees on ways and means not later than March twenty-eighth, nineteen hundred and ninety-six.

SECTION 311. The inspector general shall conduct a study of improper registration of motor vehicles which are actually garaged in the commonwealth but are registered and insured in another state or are registered in a city or town, but actually garaged in another city or town. Said study shall include, but not be limited to, an analysis and evaluation of the economic impact of the improper registration on sales tax revenues, excise tax revenues, and insurance coverage costs; the current practice and procedure, if any, for validating the proper place of registration; the number of motor vehicles that should be registered and insured in the commonwealth but are registered and insured in another state or should be registered and insured in a city or town but are registered and insured in another; and whether any procedures, practices, programs or measures may be employed or implemented to track, eliminate or reduce the number of vehicles improperly registered and insured. The inspector general shall submit the findings and recommendations of said study to the house and senate committees on ways and means on or before March thirty-first, nineteen hundred ninety-six.

SECTION 312. The secretary of administration and finance with the assistance of the commissioner of the department of procurement and general services shall conduct a study of the costs and savings associated with purchasing, copying, and distributing software and licenses for use of said software to agencies within the executive branch; provided, that said study shall include but not be limited to the effects of such purchasing, copying, and distribution as charged to other items of appropriation within the agencies of the executive branch for such services; provided further, that the secretary of administration and finance shall report such findings to the house and senate committees on ways and means on or before November twenty-third, nineteen hundred and ninety-five.

SECTION 313. Notwithstanding the provisions of any general or special law to the contrary, the department of revenue in cooperation with the bureau of special investigations is hereby authorized and directed to conduct a study of the costs, benefits and feasibility of implementing an amnesty program or limited amnesty program for parents of children receiving benefits pursuant to chapter one hundred and eighteen of the General Laws and chapter five of the acts of nineteen hundred and ninety-five who are in arrears with child support payments. Said study shall also consider an amnesty program or limited amnesty program for those parents who may have committed welfare fraud and are now interested in establishing paternity and a child support order. Said Department shall file said study, recommendations and any legislation necessary to carry out said recommendations with the house and senate committees on ways and means on or before March first, nineteen hundred and ninety-six.

SECTION 314. The executive office of administration and finance is hereby authorized and directed to study the feasibility and cost effectiveness of a distance learning system for Cape Cod and the Islands. Said study shall include an assessment of the feasibility of a distance learning system linking the university of Massachusetts at Dartmouth, Cape Cod community college, Martha's Vineyard, Nantucket, and the outer Cape Cod area through telecommunications and interactive television. A report of said study shall be filed by November first, nineteen hundred ninety-five with the house and senate committees on ways and means.

SECTION 315. The department of procurement and general services in conjunction with the executive office of administration and finance is hereby authorized and directed to study the current buying power of the commonwealth and research the implications and/or benefits of developing a uniform procurement act in Massachusetts. The purpose of said study is to realize the possible cost savings available for both state government and municipalities through the implementation of a uniform procurement act. The department of procurement and general services and the executive office of administration and finance shall report the results of its study to the house and senate committees on ways and means on or before May fifteenth, nineteen hundred and ninety-six.

SECTION 316. Notwithstanding any general or special law to the contrary, the alcoholic beverage control commission, the department of public health and the secretary of consumer affairs are hereby authorized and directed to conduct a study as to the possibility and feasibility of a state-wide program aimed at reducing instances of adults procuring alcohol for minors. Said study shall explore bar coding and product labeling in conjunction with a purchase registration system identifying purchasers of alcoholic beverages so as to provide law enforcement agencies with a means of tracing purchases of alcohol which result in possession by minors. A report of said study shall be filed with the clerks of the senate and house of representatives no later than December thirty-first, nineteen hundred and ninety-five.

SECTION 317. Notwithstanding the provisions of any general or special law to the contrary, the special commission on financial services is hereby authorized and directed to study the feasibility of merging the division of banks and the division of insurance into the division of financial services, with the goal of streamlining services and maximizing savings to the commonwealth. Said study shall be completed and filed with the house and senate committee on ways and means on or before December twenty-nine, nineteen hundred and ninety-five, and shall set forth any cost savings that would result from a merger of said divisions.

SECTION 318. The executive office of administration and finance, in consultation with the executive offices of consumer affairs and business regulation and of economic affairs, is hereby authorized and directed to conduct a study of the costs and benefits of locating the division of energy resources within the department of public utilities. Said study shall consider the advisability of assessing utilities for the operating costs of said division. The executive office of administration and finance shall report the findings and recommendations of said study in writing to the house and senate committees on ways and means not later than February first, nineteen hundred and ninety-six.

SECTION 319. The commissioner of the department of fisheries, wildlife, and environmental law enforcement is hereby directed to conduct a study regarding the feasibility of expanding and upgrading the Newburyport shellfish purification plant, and the feasibility of the commonwealth's constructing, or developing licensing procedures and soliciting bids for the construction of, an additional shellfish purification plant in a coastal region within the commonwealth. Said study shall detail the potential economic benefits of expanding or increasing the shellfish purification capacity for the shellfish industry; specifically investigating the opportunities for employment of displaced fishermen and recapturing lost economic benefits due to the recent federal department of commerce commercial fishery moratorium on the Georges Bank, Gulf of Maine, and intercoastal waterways of the commonwealth. The report shall be filed with the joint committee on natural resources and agriculture and with the clerks of the senate and the house of representatives no later than nine months after the effective date of this act.

SECTION 320. The department of environmental protection and the coastal zone management office are hereby authorized and directed to investigate the feasibility and environmental impact of allowing seafood processors in the ports of the commonwealth to use salt water in the processing of seafood products, and to treat the water before returning it to its body of source. Said agencies shall complete their study and report their findings, together with recommendations to facilitate such salt water processing, on or before December thirty-first, nineteen hundred and ninety-five to the clerks of the house of representatives and the senate.

SECTION 321. The executive office of environmental affairs is hereby authorized and directed, in conjunction with the department of environmental protection, the county of Essex and the towns of Essex, Hamilton, Wenham and Manchester-by-the-Sea to undertake a study of the issues raised by the dredging of Chebacco Lake. Said study shall consider the establishment of a pilot program for the dredging to adequate depths to sufficiently promote the breeding and growth of marine life of Chebacco Lake, the use of dredge material by participating municipalities in the dredging, and the sale of dredge materials by said municipalities. The study shall also consider: (a) the sale by participating municipalities of dredge material at a cost not to exceed the apportioned expenses of conducting dredging operations and transportation pursuant to a program designed to allow any municipality, on a first-come, first-served basis, to purchase said material; provided that the department of environmental protection shall have certified to any municipality receiving said material its suitability for particular purposes; (b) the possibility of authorizing the county of Essex to establish an account upon its books for the purpose of receiving federal and state funding in order to carry out such a dredging and disposition project, the possibility that this fund account serve as a depository for program income gained from the sale and transport of dredge material to municipalities as provided herein, and the possibility that appropriations may be made from this account to accomplish projects of a similar nature at other locations in Essex county; (c) the possibility that the department of environmental protection be authorized and directed, in cooperation with the county of Essex, the towns of Essex, Hamilton, Wenham and Manchester-by-the-Sea, to design, implement and operate a pilot program for the purpose of employing on-site wastewater management systems to replace or upgrade failed septic systems in the area surrounding Chebacco Lake. The executive office of environmental affairs shall file such study with the clerks of the house of representatives and the senate not later than ten months following the effective date of this act.

SECTION 322. The executive office of health and human services, in conjunction with the LifeSpan Coalition of Berkshire county, is hereby authorized and directed to study the feasibility of implementing "LifePlan" as a model for assisting professional and family caregivers in providing coordinated, community-based care to elders and individuals with physical disabilities in Berkshire County. Said program requires the creation of three broadly representative focus groups composed of professional and family caregivers in the southern, central, and northern regions of Berkshire county. In addition to the focus groups, an advisory committee shall be established to include the following areas of specialization: human services, direct care, community integration, human behavior, medicine, mental health, rehabilitation, and family members and community leaders. Said program is intended to be a collaborative effort undertaken by professional and family caregivers in order to develop a dynamic planning model for giving life-sustaining care to elders and individuals with physical disabilities who live in the community, in a manner which is consistent, comprehensive, coordinated, and cost effective. The purpose of LifePlan is to be a treatment planning model which assesses individual's in their home environment and creates a comprehensive method for sustaining said individual in the community in a manner which individualizes and prioritizes life tasks essential to the individual's support needs. The executive office of health and human services and the LifeSpan Coalition shall report the results of its study to the house and senate committees on way and means and the joint committee on human services and elderly affairs on or before May fifteenth, nineteen hundred and ninety-six.

SECTION 323. Notwithstanding the provisions of any general or special law to the contrary, the inspector general of the commonwealth is hereby authorized and directed to enter into a contract to conduct a study, evaluation and analysis and to seek recommendations pertaining to the effectiveness, operation, management, and fiscal affairs of the committee for public counsel services, established under the provisions of chapter two hundred and eleven D of the General Laws; provided, however, that said study, evaluation and analysis shall address the following issues:

(1) an assessment of its governance and management, including its professional standards, management policies, and structural organization;

(2) an assessment of its office structure, including the feasibility of maintaining a central office, district offices, a central library, and district libraries;

(3) an assessment of its administrative office, including its structure, staffing levels and policies;

(4) an assessment of its staff attorneys, including qualifications, hiring practices and policies, training, caseload and salaries;

(5) an assessment of the use of private attorneys to represent indigent defendants, including qualifications, training, appointment policies and practices, caseload and earnings;

(6) an assessment of cases handled by its staff attorneys and those cases handled by private attorneys as it relates to the cost of defense;

(7) an assessment of the methods, practices and services provided by staff attorneys and private attorneys as they relate to the cost of defense;

(8) an assessment of the method, procedure and process to audit, review and pay all bills submitted by private attorneys;

(9) an assessment of the method, procedure and process to monitor caseload and activities of staff attorneys;

(10) an assessment of the practice, procedure and process used, if any, for judges to review bills of private attorneys;

(11) an assessment of the rate of payment for private attorneys, including the hourly method of payment and/or the flat rate per case method;

(12) an assessment of the process, procedure and methodology of determining and verifying whether a defendant is indigent before appointment of counsel;

(13) an assessment of the concept of "indigence", including an evaluation of income guidelines, assets, and other criteria used to determine, including a survey of the services provided in other states to appoint counsel to indigent defendants, including the use of private counsel, rate of payment, verification of indigency, caseload and average cost per case;

(14) an assessment of the effectiveness, financial benefits and cost effectiveness of having contracts with a county bar advocate program to administer the appointment of private attorneys to represent indigent defendants.

(15) an assessment of the financial impact of not appointing an attorney to represent an indigent defendant where there is no likelihood of incarceration; and

(16) an assessment of the costs, effectiveness, policies and practices of the committee's mental health/family law unit, including caseload, staffing, appointment of counsel, and earnings.

The methodology of said study, evaluation and analysis should reflect professional standards and practices of the industry, but shall include a survey of attorneys, judges, and judicial personnel. Said study, evaluation and analysis, which shall also include recommendations regarding the above described issues, shall be filed with the house and senate committees on ways and means on or before March first, nineteen hundred and ninety-six.

SECTION 324. A special commission is hereby established to conduct a study of the feasibility of bulk storage methods for natural gas in a cryogenic state on land and in off-shore areas. The special commission shall consist of the chairman of the senate committee on post audit and oversight, the senate and house chairmen of the joint committee on energy, a member of the house of representatives appointed by the speaker thereof, a member appointed by the senate minority leader, a member appointed by the house minority leader, the chairman of public utilities commission or his designee, and three representatives of the energy industry appointed by the governor. The report of the commission shall be filed with the clerks of the senate and the house of representatives not later than December thirty-first, nineteen hundred and ninety-six.

SECTION 325. The comptroller is hereby authorized and directed to study the feasibility of consolidating into one retirement board the state board of retirement established pursuant to section eighteen of chapter ten of the General Laws and the teachers' retirement board established pursuant to section sixteen of chapter fifteen of the General Laws. The comptroller shall report his findings and recommendations to the house and senate committees on ways and means on or before February first, nineteen hundred and ninety-six.

SECTION 326. The department of public health and the department of correction are hereby authorized and directed to conduct a study of the needs of women who are civilly committed for purposes of treatment and detoxification under the provisions of section thirty-five of chapter one hundred and twenty-three and women who suffer from substance abuse or alcoholism and are either awaiting trial or have been convicted of a crime. Information provided shall be in addition to the report filed by the department of correction pursuant to chapter sixty of the acts of nineteen hundred and ninety-four; provided, however, that the study requested herein shall include, but not be limited to, a review of recent trends in the treatment and placement of this female population, a review of the adequacy of services currently available through both departments and an assessment of the costs and programs necessary to meet any needs currently unmet by existing programs; provided, further, that said study shall consider the feasibility of establishing secure treatment units at MCI-Framingham as well as other locations for purposes of treatment and detoxification of women who suffer from substance abuse or a alcoholism and are either awaiting trial or have been convicted of a crime; provided, further, that said study shall include the costs and requirements of eliminating the commonwealth's incarceration of women at MCI-Framingham pursuant to section thirty-five of chapter one hundred and twenty-three, within eighteen months of the effective date of this act. Said study shall be submitted to the house and senate committees on ways and means and the joint committee on human services no later than December thirty-first, nineteen hundred and ninety-five.

SECTION 327. The executive office of public safety, in consultation with the division of capital planning and operations, is hereby authorized and directed to conduct a study of the feasibility of: (a) the provision of access for municipal public safety agencies to the state-wide communication network being established for use by the department of state police; and (b) the capital requirements and possible funding sources of providing municipal public safety agencies with equipment replacement so as to provide a state-wide system of intermunicipal communications for the purpose of emergency management and law enforcement. Said executive office shall file a report of its findings with the clerks of the senate and the house of representatives on or before January thirtieth, nineteen hundred and ninety-six.

SECTION 328. The executive office of transportation and construction is hereby authorized and directed to undertake an investigation of the feasibility of developing a system of bicycle, pedestrian, snowmobile and recreation vehicle trails to accompany the construction of new railroad tracks in the commonwealth. Said study shall include an examination of the potential legal liabilities and safety hazards attendant to the construction and maintenance of said trails. Said study shall include both trails constructed adjacent to active railroad tracks as well as trails which may be constructed on railroad beds which are no longer in active use. Said executive office shall file a report of its findings and recommendations with the joint committee on transportation not later than six months after the effective date of this act.

SECTION 329. The Massachusetts Bay Transportation Authority, in conjunction with the executive office of administration and finance, is authorized and directed to study the feasibility of implementing on or before January first, nineteen hundred and ninety-six a "no fare system" to be utilized on and in conjunction with all Massachusetts Bay Transportation Authority light rail, rapid transit, and local bus lines. The aforementioned fare system to be studied shall include the following feature: (1) the ability to remove all fares during operating hours.

SECTION 330. The department of education is hereby authorized and directed to study the effectiveness of the Reading Recovery Program, so-called compared to the Chapter One Reading program, so-called. Said study shall include, but not be limited to, an analysis of the feasibility and effectiveness of replacing the Chapter One Reading Program with the Reading Recovery Program. Said department shall submit its findings to Joint Committee on Education, Arts, and Humanities on or before March first, nineteen hundred and ninety-six.

SECTION 331. There is hereby established a special commission to consist of the house and senate chairmen of the joint committee on commerce and labor, the house and senate chairmen of the joint committee on taxation, the house and senate chairmen of the joint health care committee, the house and senate chairmen of the joint committee on natural resources and agriculture, the house and senate chairmen of the joint energy committee, the chairman of the house committee on ways and means, the chairman of the senate committee on ways and means, or their respective designees, the secretary of the executive office for administration and finance, the secretary of the executive office of consumer affairs and business regulation, the secretary of the executive office of economic affairs, the secretary of the executive office of environmental affairs, the secretary of the executive office of labor, or their respective designees, the chairman of the governor's council on economic growth, a representative of the University of Massachusetts Economic Project, and three representatives of private employers to be appointed by the governor, at least two of whom shall represent manufacturers, and one representative of the AFL-CIO.

The commission shall conduct an investigation and study of the competitiveness of Massachusetts manufacturers and the regulatory structure, and business environmental regulation, transportation and infrastructure costs, as well as other costs of doing business in Massachusetts as compared to the same costs in other states.

Said commission shall report the results of its investigation and study, together with drafts of any legislation necessary to revise the statutes and regulations of the commonwealth in order to enhance the competitiveness of Massachusetts manufactures, by filing the same with the clerks of the house and the senate not later than December first, nineteen hundred and ninety-five.

SECTION 332. The department of mental retardation is hereby authorized and directed to study means to create more equitable statewide funding of community day and residential adult services. Said study shall include a regional analysis of current department funding for these services and an assessment designed to target increased funds to those regions statewide with above average numbers of individuals in need of these services. The department shall report the results of said study to the house and senate committees on ways and means, and the joint committee on human services and elderly affairs no later than October thirty-first, nineteen hundred and ninety-six.

SECTION 333. The commissioner of the department of education is hereby authorized and directed to conduct a study relative to the interpretation of "technology" as part of "science and technology" in the core educational requirements. Said study shall examine the role of technology education and the issue of certification standards for instructors.

Said commissioner shall report the results of such study by filing the same with the clerks of the senate and house of representatives no later than October thirteenth, nineteen hundred and ninety-five.

SECTION 334. The chief justice for administration and management of the trial court, in consultation with the division of capital planning and operations, is hereby authorized and directed to investigate the feasibility of expanding the jurisdiction of the second district court of Essex, held at Ipswich, by transferring additional municipalities to its jurisdiction or by increasing the number of days per week during which said court holds session. Said justice shall report his findings to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-five.

SECTION 335. The department of transitional assistance is hereby directed to study utilization of the programs of the department, and prepare a report to the house and senate committees on ways and means. Said report shall include, but not be limited to, the number of families receiving a rent arrearage in fiscal year nineteen hundred and ninety-five in each of the following categories, the average value of a rent arrearage in said fiscal year in each of the following categories, the total expended on rent arrearages in said fiscal year in each of the following categories: (a) families living in public or subsidized housing; (b) families with income above the applicable AFDC payment standard; (c) families receiving a rent arrearage with an average monthly value higher than the applicable AFDC payment standard. Said report shall also include, but not be limited to, the following data with respect to the emergency aid to elderly disabled and children program: the average monthly caseload in fiscal year nineteen hundred and ninety-five in each of the following categories; the average monthly grant in said fiscal year in each of the following categories; the average health care costs in said fiscal year in each of the following categories. The categories shall be those cases qualifying for and receiving benefits under said program in the following categories: disabled individuals; families; individuals participating in a Massachusetts Rehabilitation Commission training or rehabilitation program; students; individuals over age sixty-five; persons caring for someone with a disability. Said report shall be filed with the house and senate committees on ways and means and with the executive office of administration and finance not later than December first, nineteen hundred and ninety-five.

SECTION 336. The Massachusetts Bay Transportation Authority, in conjunction with the executive office of administration and finance, is authorized and directed to study the feasibility of implementing on or before January first, nineteen hundred and ninety-six, a distance traveled, prepayment based fare system to be utilized on and in conjunction with all Massachusetts Bay Transportation Authority light rail rapid transit, and local bus lines. The aforementioned fare system to be studied shall include the following features; (1) the ability to accept a stored value card or ticket that will utilize a magnetic encoding strip that can store any value from a single fare, up to a maximum value of one hundred dollars; (2) the ability to deduct the appropriate fare from the value of the card or ticket, and then the remaining value, if any, shall be encoded onto the magnetic strip of the ticket, also, the remaining stored value of the ticket shall be printed upon a side of the card or ticket each time the user passes the card or ticket through the reader at a turnstile; (3) the ability to purchase a stored value card or ticket through vending machines which shall be in all light rail and rapid transit stations, the vending machines shall accept as payment for a stored value card or ticket: nickel, dime, and quarter coinage, and one, five, ten, and twenty dollar bills, as well as credit and debit cards, and stored value cards that still have a remaining value; (4) the ability to increase and decrease fares throughout the day in accordance with peak hours of usage.

SECTION 337. A special commission is hereby established to explore alternatives to local property taxes as the primary source of funding for public education in the commonwealth. The commission shall consist of three members named by the speaker of the house, one member named by the house minority leader, three members named by the senate president, one member named by the senate minority leader, and three members named by the governor. The commission shall report to the joint committee on education and to the house and senate clerks not later than March first, nineteen hundred and ninety-six.

SECTION 338. The secretary of administration and finance in conjunction with the personnel administrator of the department of personnel administration and the director of the office of employee relations shall analyze and study the amount of sick, vacation, personal and compensatory time which is provided to any official or employee of any agency, board, or division of the commonwealth receiving moneys under section two, two A, two B or two C of the fiscal operating budget in order to develop an effective and efficient buyback policy concerning said benefits and evaluate the possibility of establishing a uniform buyback policy. The secretary shall file the results of said study with the house committee on ways and means and the joint committee on public service no later than sixty days after the effective date of this act.

SECTION 339. There is hereby established a special committee, to consist of three members of the house of representatives and three members of the senate, to make an investigation related to evaluating cost associated with and the constitutionality of allowing a deduction from gross income for any income received from the United States government as military retirement compensation for retired veterans of the United States military. Said investigation and evaluation shall include, but not be limited to, a consideration of the revenue implication of including contributory and noncontributory retirement benefits within said deduction for both public and private employer pension plans.

SECTION 340. There is hereby established a special committee to consist of three members of the house of representatives appointed by the speaker of the house and three members of the senate appointed by the senate president to make an investigation of the feasibility of prohibiting the executive office of administration and finance or any subdivision thereof, which has responsibility to set prices for payment and reimbursement for any social service program purchased by a government unit, from considering in the establishment of any price for any social service program or in any computation leading to the establishment of any price for any social service program the following as resources of such providers of social services: unrestricted grants, gifts, contributions, bequests, fund principal or endowment balances, or any income therefrom, unless the provider voluntarily requests the division, bureau section or unit of the executive office of administration and finance, which has responsibility to set prices for payment and reimbursement for any social service program, to consider any or all such resources in establishing rates of payment or reimbursement of services under this section.

For the purposes of this section, the term "social service program" shall mean any social, special, educational, mental health, mental retardation, habilitative, rehabilitative, vocational, employment training or elder services program provided pursuant to chapter seventy-one B of the General Laws; the term "governmental unit" shall mean any executive office of the commonwealth or any department, office, agency, board, commission or institution within said executive offices; and in the case of prices for social services purchased pursuant to said chapter seventy-one B, the term "governmental unit" shall mean the commonwealth, any executive office; and in the case of prices for social services purchased pursuant to said chapter seventy-one B, the term "governmental unit" shall mean any school district or other political sub-division of the commonwealth.

This committee shall submit a report of its findings, along with recommended legislation, if any, to the ways and means committees of the house and senate no later than sixty days after the effective date of this act.

SECTION 341. There is hereby established a special commission to research innovative approaches to the department of environmental management's forest management practices. The scope of the commission's inquiry shall include, but not be limited to, the study and investigation of the extent and adequacy of the management of state-owned and privately-owned forest land in the commonwealth, the examination of the extent to which low grade wood harvested in the commonwealth is utilized, the study of the ecological soundness of different approaches to timber cutting, and a cost/benefit analysis of increasing timber cutting in the commonwealth. The department of environmental management shall provide staff and other support to the commission. The commission shall be comprised of three senators, two to be appointed by the senate president, and one to be appointed by the minority leader; three representatives, two to be appointed by the speaker of the house, and one to be appointed by the minority leader; a representative of the executive office of economic affairs to be appointed by the governor; the commissioner of the department of environmental management or his designee; a representative of the state office of business development to be appointed by the governor; the forester of the Massachusetts extension service; one representative from the Audubon Society to be appointed by the governor; and three persons to be appointed by the governor, one of whom shall have experience in the management of forest land, one of whom shall have experience in the wood products industry, and one of whom shall represent an organization which has as one of its purposes the conservation and management of forest land. Said commission shall make recommendations as to the changes and improvements in the management of state-owned and privately-owned forest land which would encourage the harvesting and use of low grade wood. In addition, the commission shall make recommendations as to economic strategies needed to develop markets for such low grade wood. In developing such recommendations the commission shall hear the testimony of experts, cooperate with other groups or agencies working in the area of the commission's interest, review studies and other literature on pertinent subjects and take advantage of the technical and professional expertise of its members. Said commission shall report its recommendations to the clerks of the house of representatives and of the senate on or before July first, nineteen hundred and ninety-six.

SECTION 342. There is hereby established a special commission consisting of the senate president, the speaker of the house of representatives, the senate minority leader, the house minority leader, the governor's legal counsel, a representative of the Massachusetts Bar Association, and the attorney general. Said commission shall make an investigation and report on the implementation, under the constitution of the commonwealth, of a system of judicial performance oversight which shall include a periodic review of all judges. Said commission shall report its finding to the house and senate no later than December thirty-first, nineteen hundred and ninety-five.

SECTION 343. There is hereby established a special commission consisting of the senate president, the speaker of the house of representatives, the senate minority leader, the house minority leader, two members appointed by the governor, and the attorney general. Said commission shall investigate and report on the commonwealth's utilization of a full time public defenders system, including but not limited to a cost analysis of said system in relation to the present system. Said study shall report its findings to the house and senate no later than December thirty-first, nineteen hundred and ninety-five.

SECTION 344. The higher education coordinating council and the executive office of public safety are hereby authorized and directed to study the feasibility of developing a safety certification program for employees classified as homeworkers. The program, the purpose of which shall be to ensure that employers have the opportunity to hire a homeworker who has been certified in homeworker safety, shall provide training for emergencies that may occur in the home. The program shall be offered through community colleges in conjunction with the regional employment boards. Participants who complete the program shall receive certificates stating that they have completed a homeworker safety course. The higher education coordinating council and the executive office of public safety shall report the results of the study to the house and senate committees on ways and means and the joint committee on human services and elderly affairs on or before May fifteenth, nineteen hundred and ninety-six.

SECTION 345. There is hereby established a special task force, to consist of five members of the house of representatives, one of whom shall be the house chairman of the joint committee on commerce and labor, one of whom shall be the house chairman of the joint committee on public service, both of whom shall serve as co-chairmen, and the other three of whom shall be appointed by the speaker of the house of representatives; three members of the senate, one of whom shall be the senate chairman of the joint committee on commerce and labor, one of whom shall be the senate chairman of the joint committee on public service and one of whom shall be appointed by the President of the senate, and seven other persons, one of whom shall be the President or his designee of the American Federation of State, County and Municipal Employees, one of whom shall be the Secretary of Administration and Finance or his designee, one of whom shall be the President of the University of Massachusetts, or his designee, one of whom shall be the President or his designee of the Massachusetts Association of Corrections Officers, one of whom shall be the President or his designee of the Service Employees International Union, one of whom shall be the director of the Massachusetts Board of Conciliation and Arbitration and one of whom shall be the Commissioner of the public employee retirement administration for the purpose of determining whether or not to require that workers' compensation be a subject of mandatory collective bargaining between the commonwealth and its unionized employees. Said task force shall commence deliberations no later than September first, nineteen hundred and ninety-five. The task force shall report to the clerks of the house of representatives and clerk of the senate the results of its study and its recommendations, with copies to the chairman of the joint committees on commerce and labor and public service together with drafts of legislation, if necessary, to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before January first, nineteen hundred and ninety-six.

SECTION 346. There is hereby established a special committee to consist of five members of the house ways and means committee to be appointed by the chairman of said committee. The purpose of said special committee, shall be to review and evaluate the commonwealth's revenue sharing formulas, the commonwealth's capacity to ensure long term stable funding of such distributions and the effects of such local aid distributions on municipal finances. The formulas to be reviewed by said special committee shall include but not be limited to the foundation budget funding requirements established by chapter seventy of the General Laws and the lottery distribution formula established by section three of this act. Said special committee shall examine adjustments necessary to ensure that statutory foundation budget funding requirements reflect the revenue capacities of the commonwealth and its political subdivisions, including, but not limited to, the viability of absolute funding increments and inflation factors for achieving the purposes of education reform and the methods available for measuring the cost-effectiveness of said funding investments. Said special committee shall examine the relationship between said distributions to total state and municipal financing needs, including the costs of non-discretionary and discretionary funding needs, capital needs and reserve funds. Said special committee shall evaluate, notwithstanding the requirements of said section three, the capacity of the commonwealth to distribute to municipalities all state lottery proceeds by fiscal year nineteen hundred and ninety-nine, and the long term predictability and viability of said revenues for municipal purposes. Said special committee shall evaluate the relationship between increased distributions of both education and non-education revenues to municipalities over ten years, including projections of total state resources necessary to meet such distributions. Said special committee shall examine the revenue sharing practices of comparable states and features that might be suitable for adoption in the commonwealth that promote equitable and stable financing of necessary governmental functions. Said special committee may examine the basis for redefining the relationship between the commonwealth and its political subdivisions relative to revenue raising abilities and the rights, obligations and subrogations established between said levels of government. Said special committee may consider the fiscal effects of county government on municipal finances and the economies that might be achieved by promoting the regionalization and consolidation of municipal and county services.

Said special committee is hereby authorized to consult with such persons, organizations, experts, and interested parties deemed necessary to facilitate its examinations. Said special committee shall report to the full committee not later than February first, nineteen hundred and ninety-six the results of its review and evaluations and any recommendations relative thereto. Said special committee shall file its final recommendations in a report to be filed with the clerk of the house of representatives on or before April thirteenth nineteen hundred and ninety-six.

SECTION 347. There is hereby established a special commission consisting of the governor or his designee, one member of the senate, one member of the house of representatives, the mayor of the city of Boston or his designee, the executive director of the Metropolitan Planning Council, four persons to be appointed by the mayor of Boston, two of whom shall be residents of the city of Boston, and four persons to be appointed by the governor from a list of candidates recommended by the Massachusetts Municipal Association, all of whom shall reside in the Greater Boston area. As used in this section, "Greater Boston area" means the city of Boston and those cities and towns in Essex, Middlesex, Norfolk and Suffolk counties near, but not necessarily contiguous to, the city of Boston. The mayor of Boston shall designate one member to serve as chair of the commission.

The commission shall examine the delivery of local governmental services in the Greater Boston area and make recommendations for intermunicipal cooperative opportunities to increase the efficiency, effectiveness and quality of such services, and the responsiveness of government to the public. The commission is authorized to explore avenues including, but not limited to, regionalization, improved coordination of local government services, joint or cooperative agreements and the establishment of urban service districts in the Greater Boston area.

The commission may conduct public hearings and meetings, may travel within the United States and may request such other data, cooperation and reasonable assistance from any official, officer, department, division, board, bureau, commission or agency of the commonwealth or any municipal or other public corporation of the commonwealth. The members of the commission shall serve without compensation but shall be reimbursed, subject to appropriation, for their expenses actually and necessarily incurred in the discharge of their official duties as members of the commission. The commission may employ at its pleasure such personnel, including an executive director, as it deems necessary for the performance of its functions.

On or before July first, nineteen hundred and ninety-six, the commission shall issue a final report containing findings and recommendations regarding regionalization, joint or cooperative agreements, and improved coordination of local government services in the Greater Boston area. The final report of the commission shall contain such recommendations as the commission deems necessary or desirable to promote and facilitate regional delivery of governmental services, to aid in collaborative efforts, and to restructure government entities or functions including but not limited to (a) the performance of one or more functions on a joint, cooperative or contractual basis by two or more cities, towns or urban service districts in the Greater Boston area; (b) the transfer of functions between or among governmental entities in the Greater Boston area; and (c) intermunicipal cooperation in the delivery of services. The final report of the commission shall be filed with the governor, the clerks of the senate and the house of representatives and the mayor of Boston and shall make recommendations for any such actions which the commission concludes should be undertaken by state legislation or by any act of the governor or by any department or agency of the commonwealth to accomplish the recommendations of the commission.

SECTION 348. Notwithstanding the provisions of any general or special law to the contrary, the higher education coordinating council is hereby authorized and directed to study the amount of time spent in teaching activities by the faculty of the public institutions of higher education in the commonwealth.

SECTION 349. The governor or his designee and the auditor or his designee shall consult and shall jointly select and contract with a private entity for the purpose of conducting an independent evaluation of the programs revised or established by chapter five of the acts of nineteen hundred and ninety-five. Said evaluation shall include, but not be limited to:

(a) a determination of the direct and indirect costs of said programs to the commonwealth, including any increase or decrease over present cost;

(b) the wage and compensation levels of participants in said programs as compared to their present benefits;

(c) a breakdown of the number of private sector jobs and community service jobs provided;

(d) the number and percentage of participants receiving health insurance from the private sector; and

(e) the effect on the quality of care for minor dependents of program participants.

SECTION 350. The department of environmental protection is hereby directed and authorized to identify and inventory, by municipality, sewer needs in the commonwealth as determined under current title five regulations and river and wetland conditions, and, further, forward to the joint committee on rules and the joint committee on natural resources and the senate committee on post audit and oversight a financing plan by September thirtieth, nineteen hundred and ninety-five, to meet identified needs.

SECTION 351. The department of environmental protection shall study the relative costs and benefits of its recent implementation of regulations for subterranean septage disposal in title five of the environmental code. Said department shall report in writing the findings of said study to the clerks of the house of representatives and the senate not later than six months following the effective date of this act.

SECTION 352. The commissioner of the department of education is hereby authorized and directed to conduct a study relative to the inclusion of foreign languages as one of the areas of knowledge that shall be tested pursuant to the "competency determination" in section one D of chapter sixty-nine of the General Laws.

SECTION 353. There shall be a commission to review the status and future of the Program known as the Metropolitan Council for Educational Opportunity (METCO). Said commission shall study the effects of school choice and charter schools, as established by the Education Reform Act of nineteen hundred and ninety-three, on said METCO program. Specifically, the commission shall review any potential duplications in services and the costs incurred by the state as a result of these duplications. The commission shall be comprised of: three members of the senate named by the senate president, one of whom shall be the senate chairman of the committee on education, arts and humanities and one of whom shall be nominated by the minority leader; three members of the house of representatives named by the speaker of the house, one of whom shall be the house chairman of the committee on education, arts and humanities and one of whom shall be nominated by the minority leader; and the secretary of education. Said commission shall report its findings to the clerks of the senate and house of representatives no later than January first nineteen hundred and ninety-six.

SECTION 354. Notwithstanding the provisions of any general or special law to the contrary, the executive office of administration and finance and the executive office of elder affairs, are hereby authorized and directed to develop a series of recommendations, based in part on the findings of the Select Home Care Study Committee of nineteen hundred and ninety-two, which would lead to the enhanced coordination of services and increased administrative and programmatic cost efficiencies in the home care program. Said recommendations shall develop a plan for the centralization and standardization of certain operational functions, such as vendor billing, payrolling, management information systems, vendor contracting and monitoring, quality assurance, and the consolidation and elimination of duplicative administrative functions. Said recommendations shall include but not be limited to the consideration of the economic feasibility and efficiency of consolidating some or all of the home care corporations. Said executive office shall file said recommendations relative thereto with the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-five.

SECTION 355. An action brought pursuant to former chapter two hundred and seventy-three A of the General Laws, as repealed by section one hundred and five of chapter five of the acts of nineteen hundred and ninety-five, that is pending or was previously adjudicated in the district court or Boston municipal court departments may be transferred to the probate and family court department pursuant to subsection (d) of section three of chapter two hundred and nine C of the General Laws.

SECTION 356. Subsection (f~) of section five of chapter one hundred and sixty-one A of the General Laws, inserted by this act, shall apply to all contracts that may be entered into after May first, nineteen hundred and ninety-five, provided that where a request for proposals was issued before the effective date of said subsection, the pre-award hearing shall be conducted within thirty days after such effective date.

SECTION 357. For purposes of implementing section five A of chapter sixty-four F of the General Laws, as amended by this act, the department of revenue is hereby authorized to extend the expiration date for motor carriers registration cards and identification markers to September thirtieth, nineteen hundred and ninety-six.

SECTION 358. Sections one hundred and thirty-three and one hundred and thirty-five of this act shall take effect as of April first, nineteen hundred and ninety-five. Sections twenty-four, eighty-four and eighty-five of this act shall take effect as of January first, nineteen hundred and ninety-six. The remaining provisions of this act shall take effect as of July first, nineteen hundred and ninety-five.