Session Laws

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

SECTION 1. To provide for supplementing certain items in the general appropriation act for the fiscal year nineteen hundred and ninety-five, the sums set forth in section two are hereby appropriated for the several purposes and subject to the conditions specified in chapter sixty of the acts of nineteen hundred and ninety-four, including fund designations in said chapter sixty, and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in said chapter sixty, for the fiscal year ending June thirtieth, nineteen hundred and ninety-five; provided, however, that for items neither with purposes or conditions specified in section two of this act nor appearing in said section two of said chapter sixty, such amounts in this section are appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of prior appropriation acts. The sums appropriated in section two of this act shall be in addition to any amounts available for the purpose.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Board of Bar Examiners. `tc1 0321-0100 `tc4 `tc6 $97,614 `tc2 Mental Health Legal Advisors. `tc1 0321-2000 `tc4 `tc6 $10,500 `tc3 Trial Court. `tc1 0330-0100 `tc4 `tc6 $125,712 `tc1 0330-0400 `tc4 `tc6 $1,725,155 `tc1 0332-1600 `tc4 `tc6 $125,000 `tc3 DISTRICT ATTORNEYS. `tc2 Plymouth District Attorney. `tc1 0340-0800 `tc4 `tc6 $157,817 `tc3 SECRETARY OF STATE. `tc2 Office of the Secretary of State. `tc1 0511-0000 `tc4 `tc6 $34,988 `tc3 TREASURER AND RECEIVER GENERAL. `tc2 Office of the Treasurer and Receiver General. `tc1 0611-5000 `tc4 `tc6 $400,000 `tc1 0611-5800 `tc4 `tc6 $79,357 `tc3 State Board of Retirement. `tc1 0612-0105 `tc4 `tc6 $500,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc3 Department of Personnel Administration. `tc1 1108-1214 `tc4 `tc6 $200,000 `tc3 Department of Veterans' Services. `tc1 1410-0012 `tc4 `tc6 $37,895 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2100-2002 `tc4 `tc6 $25,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3222-9005 `tc4 `tc6 $3,000,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Youth Services. `tc1 4202-0003 `tc4 `tc6 $1,687,716 `tc1 4237-1010 `tc4 `tc6 $304,660 `tc1 4238-1000 `tc4 `tc6 $1,358,922 `tc2 Department of Public Health. `tc1 4540-0900 `tc4 `tc6 $1,542,983 `tc2 Department of Social Services. `tc1 4800-0030 `tc4 `tc6 $270,000 `tc1 4800-0150 `tc4 `tc6 $380,000 `tc2 Department of Mental Retardation. `tc1 5920-2000 `tc4 `tc6 $2,800,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7061-0012 `tc4 `tc6 $4,140,063 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Criminal History Systems Board. `tc1 8000-0110 `tc4 `tc6 $242,991 `tc2 Military Division. `tc1 8700-0001 `tc4 `tc6 $350,000 `tcol;end

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein shall be appropriated from the General Fund, unless specifically designated otherwise, and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds, and the conditions pertaining to appropriations in chapter sixty of the acts of nineteen hundred and ninety-four for the fiscal year ending June thirtieth, nineteen hundred and ninety-five. The sums so appropriated shall be in addition to any amounts available for said purposes. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Trial Court. `tc1 0330-3001 `tc4 For hardware, software and services delivered pursuant to a contract for a comprehensive district court automation system, and for equipment warranties and system operation costs at the Brockton and Barnstable district courts, including costs incurred in prior fiscal years `tc6 $490,878 `tc5 Local Aid Fund 90.0% General Fund 10.0% `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-2038 `tc4 For the payment of deficiencies in certain appropriations for previous fiscal years, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge such payments to other items of appropriation and allocations thereof and to transfer from the amount appropriated herein to said items and allocations such amounts as are necessary to meet the cost of said charges; provided further, that said comptroller is authorized to allocate the amounts of such payment to the several state or other funds to which said payment would have been chargeable if appropriations had been available therefor; provided further, that notwithstanding any the provisions of this item or any general or special law to the contrary, the town of Hadley shall be paid one thousand five hundred seventy-nine dollars from this item to make up for incorrect local aid distribution payments for said town for fiscal year nineteen hundred and ninety-five; provided further, that fifty-two thousand two hundred four dollars shall be expended for prior year payments owed by Hospitality House for certain rental payments, transportation expenses and food services for drug and alcohol rehabilitation contracted services; provided further, that an amount not to exceed five hundred and six thousand dollars shall be expended for prior year snow and ice control expenses `tc6 $7,200,000 `tc1 1599-3742 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-five costs of salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the state lottery commission and the Service Employees International Union, Local 254, AFL-CIO, and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-five such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which said secretary shall file in advance with the house and senate committees on ways and means; and provided further, that said secretary is authorized to allocate the cost of said adjustments and benefits to the several state or other funds to which said items of appropriation are charged `tc6 $633,552 `tc1 1599-3743 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-six costs of salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the state lottery commission and the Service Employees International Union, Local 254, AFL-CIO, and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which said secretary shall file in advance with the house and senate committees on ways and means; provided further, that said secretary is authorized to allocate the cost of said adjustments and benefits to the several state or other funds to which said items of appropriation are charged; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no funds shall be expended from this item prior to July first, nineteen hundred and ninety-five `tc6 $1,019,065 `tc1 1599-3750 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-five costs of salary and benefit adjustments authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME-SEIU, AFL-CIO (Units 2, 8, and 10), including meeting the commonwealth's obligations pursuant to the provisions of section fifteen of article twenty-three A, section eight of article twenty-four A, and section ten of article twenty-six A of said collective bargaining agreement, and to meet the costs of salary and benefit adjustments necessary to provide equal salary and benefit adjustments to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary and benefit adjustments for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-five such amounts as are necessary to meet the costs of said adjustments in fiscal year nineteen hundred and ninety-five where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means; and provided, further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which such items of appropriation are charged `tc6 $13,705,000 `tc1 1599-3751 `tc4 For a reserve to meet the fiscal year nineteen hundred and ninety-six costs of salary and benefit adjustments authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME-SEIU, AFL-CIO (Units 2, 8, and 10), and to meet the costs of salary and benefit adjustments necessary to provide equal salary and benefit adjustments to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary and benefit adjustments for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the costs of said adjustments in fiscal year nineteen hundred and ninety-six where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means; provided, further, that said secretary is authorized to allocate the cost of said adjustments to the several state or other funds to which such items of appropriation are charged; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no funds shall be expended from this item prior to July first, nineteen hundred and ninety-five `tc6 $15,123,000 `tc1 1599-3860 `tc4 For reimbursement to the cities of Beverly, Chelsea, Everett, Lynn, Malden, Melrose and Revere and the towns of Reading, Saugus, Stoneham, Swampscott, Wakefield and Winthrop, notwithstanding the provisions of any general or special law to the contrary, for certain debt service costs incurred in fiscal year nineteen hundred and ninety-five for issuance of debt which has a final date of maturity of greater than five years from the date of issuance for those costs attributable to the installation of certain environmental equipment, as required pursuant to section forty-eight A of chapter five hundred and eighty-four of the acts of nineteen hundred and eighty-seven at the Refuse Energy Systems Company recovery facility located in the town of Saugus; provided, however, that if an aforementioned municipality did not issue debt to finance such costs but provided by appropriation or otherwise for such costs, the secretary of administration shall reimburse the municipality such amount as the commissioner of revenue determines is substantially equivalent to the debt service which would have been incurred in fiscal year nineteen hundred and ninety-five if such municipality had issued debt for such costs pursuant to, and in the manner and for the maximum term prescribed, in chapter three hundred and fifty-five of the acts of nineteen hundred and ninety-one; provided further, that if a balance remains after payment of interest payable and principal of a multi-year debt issue, if any, maturing, during fiscal year nineteen hundred and ninety-five, said balance may be used to meet other municipal costs during said fiscal year, to the extent authorized by the secretary of administration following consultation with the commissioner of revenue `tc6 $3,750,000 `tc5 Local Aid Fund 100.0% `tc1 1600-0000 `tc4 For the payment of claims pursuant to the provisions of section thirty-nine of chapter one hundred and thirty-one of the General Laws `tc6 $3,500 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Division of Medical Assistance. `tc1 4000-0840 `tc4 For the intergovernmental transfer component of the medicaid rate and the disproportionate share payments to the Cambridge hospital and the Boston city hospital as described by the terms and conditions of the agreement between each said hospital and the division; provided, that no more than twenty-eight million dollars may be expended from this item for Boston city hospital and that no more than ten million dollars may be expended from this item for the Cambridge hospital; provided further, that payments made pursuant to this item shall not create recurring liabilities for the commonwealth in future fiscal years; and provided further, that the General Fund shall be reimbursed fourteen million dollars by the Boston city hospital and five million dollars by the Cambridge hospital for each hospital's respective payments from this item `tc6 $38,000,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6030-7205 `tc4 For payments to hired equipment vendors used in the removal of snow and ice on state highways during fiscal year nineteen hundred ninety-five only; provided, that no funds appropriated herein shall be expended for the compensation of state personnel; provided further, that no funds appropriated herein shall be expended for the costs of sand, salt or any other control materials; provided further, that no funds appropriated herein, shall be expended for vehicle repairs; provided further, that no funds appropriated herein shall be expended for the payment of any prior year expenses; and provided further, that of the amount appropriated herein, not less than four thousand nine hundred and thirty dollars shall be expended for work performed on November third, nineteen hundred and ninety-four and January tenth, nineteen hundred and ninety-five by trucks numbered 04630/254, 00238/294, and 00237/374 `tc6 $4,905,368 `tc5 Highway Fund 100.0% `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Department of Employment and Training. `tc1 9081-0351 `tc4 For a summer jobs youth at-risk program; provided, that no funds appropriated herein shall be allotted or disbursed prior to the receipt of equal matching funds from private sources to any entity or municipality eligible for or requesting funds from this item; provided further, that the executive office of administration and finance is authorized and directed to submit an allotment and disbursement plan for the funds appropriated herein for approval by the general court, prior to the expenditure of any funds appropriated herein `tc6 $550,000 `tcol;end

SECTION 2B. To provide for certain unanticipated intragovernmental chargebacks and to meet certain requirements of law, the sum set forth herein shall be authorized for the several purposes and subject to the conditions specified in chapter sixty of the acts of nineteen hundred and ninety-four, including the fund designations of said chapter sixty and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in said chapter sixty for the fiscal year ending June thirtieth, nineteen hundred and ninety-five. The sum so authorized shall be in addition to the amount already authorized for the purpose. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-3100 `tc4 `tc6 $4,848,886 `tcol;end

SECTION 2C. For the purpose of making available in fiscal year nineteen hundred and ninety-six balances of appropriations which would otherwise revert on June thirtieth, nineteen hundred and ninety-five, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-six. Amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two A of this act; provided, however, that for items for which purposes and conditions are not specified in said section two A, the amounts in this section are re-appropriated for the purposes stated in chapter sixty of the acts of nineteen hundred and ninety-four. Amounts in this section are re-appropriated from the fund or funds designated in section two A of this act; provided, however, that for items for which a fund is not designated in said section two A, the amounts in this section are re-appropriated from the fund designated in chapter sixty of the acts of nineteen hundred and ninety-four. The amounts re-appropriated herein shall be in addition to any amounts available for said purposes. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 DISTRICT ATTORNEYS. `tc2 Plymouth District Attorney. `tc1 0340-0800 `tc4 `tc6 $157,817 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-3743 `tc4 `tc6 $1,019,065 `tc1 1599-3751 `tc4 `tc6 $15,123,000 `tc1 1599-9952 `tc4 `tc6 $37,500 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Department of Employment and Training. `tc1 9081-0351 `tc4 `tc6 $550,000 `tcol;end

SECTION 3. Section 10A of chapter 3 of the General Laws is hereby amended by striking out the second sentence, as amended by section 3 of chapter 126 of the acts of 1994, and inserting in place thereof the following sentence:- The city or town clerk shall certify to the state treasurer the total actual costs of holding such special election, and such city or town shall be reimbursed up to one hundred percent of the net costs thereof from said fund without further appropriation; provided, however, that the state treasurer shall not authorize any expenditure which would cause said fund to be in deficit.

SECTION 4. Section 3 of chapter 32 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 72, the word "six" and inserting in place thereof the following word:- four.

SECTION 5. Section 13 of chapter 64A of the General Laws, as amended by section 2 of chapter 231 of the acts of 1994, is hereby amended by striking out subsection (a) and inserting in place thereof the following two subsections:-

(a) sixty-eight and sixty one-hundredths percent shall be credited to the Highway Fund.

(b) whereas not less than one and two-fifths percent of the excise imposed by section four is obtained from the sale or importation of fuel used in producing or generating power for the operation of watercraft of every description, except seaplanes, said excise funds shall be credited as follows:- fifteen one-hundredths of one percent to the Inland Fisheries and Game Fund, established by section two of chapter one hundred and thirty-one; fifteen one-hundredths of one percent to the Public Access Fund, established by section seventeen F of chapter twenty-one; thirty one-hundredths of one percent to the Marine Fisheries Fund, established by section two B of chapter one hundred and thirty; thirty one-hundredths of one percent to the Environmental Law Enforcement Fund, established by section six I of chapter twenty-one; and fifty one-hundredths of one percent to the Harbors and Inland Waters Maintenance Fund, established by section ten A> of chapter ninety-one.

SECTION 6. Clause (1)(a) of section 34 of chapter 90 of the General Laws, added by section 8 of chapter 231 of the acts of 1994, is hereby amended by striking out, in lines 3 and 4, the words "nineteen hundred and ninety-six through two thousand two" and inserting in place thereof the following:- nineteen hundred and ninety-seven through two thousand and three.

SECTION 7. Chapter 111 of the General Laws is hereby amended by striking out section 142A, as appearing in the 1992 Official Edition, and inserting in place thereof the following section:-

Section 142A. The department of environmental protection, referred to in this section and in sections one hundred and forty-two B through one hundred and forty-two M, inclusive, as the department may from time to time adopt regulations, pursuant to this section and sections one hundred and forty-two B through one hundred and forty-two M, inclusive, to prevent pollution or contamination of the atmosphere. Whoever violates any such regulation or any permit or plan approval or order issued thereunder: (a) shall be punished for each violation by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b) shall be subject to a civil penalty of not more than twenty-five thousand dollars for each violation. Each day or part thereof that such violation occurs or continues shall be a separate violation. The civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior court. The commonwealth may also bring an action for injunctive relief in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate.

SECTION 8. The second paragraph of section 142B of said chapter 111, as so appearing, is hereby amended by striking out the last sentence.

SECTION 9. The fifth paragraph of said section 142B of said chapter 111, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- In addition, any person who participates in any public participation process required by the federal Clean Air Act, section 502 (b) (6), 42 U.S.C. section 7661a (b) (6), or any amended version thereof or any regulation enacted thereunder, with respect to the department's final action on operating permits governing air emissions, and who has standing to sue with respect to the matter pursuant to federal constitutional law, may initiate an adjudicatory hearing pursuant to chapter thirty A, and may obtain judicial review, pursuant to chapter thirty A, of a final decision therein.

SECTION 10. The definition of "Employer" or "public employer" in section 1 of chapter 150E of the General Laws, as amended by section 36 of chapter 495 of the acts of 1993, is hereby further amended by adding the following sentence:- In the case of employees of the Suffolk county sheriff's department, employer shall mean the sheriff of Suffolk county or any individual who is designated by him to represent him or act in his interest in dealing with such employees.

SECTION 11. The second paragraph of section 10 of chapter 218 of the General Laws, as appearing in section 160 of chapter 60 of the acts of 1994, is hereby further amended by striking out the line reading "third district court of Plymouth".

SECTION 12. The third paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line "second district court of Plymouth," the following line:- third district court of Plymouth.

SECTION 13. Chapter 276 of the General Laws is hereby amended by striking out sections 58, 58A and 58B and inserting in place thereof the following three sections:-

Section 58. A justice or a clerk or assistant clerk of the district court, a bail commissioner or master in chancery, in accordance with the applicable provisions of section fifty-seven, shall, when a person is held under arrest or committed either with or without a warrant for an offense other than an offense punishable by death, or, upon the motion of the commonwealth, for an offense enumerated in section fifty-eight A or for any offense on which a warrant of arrest has been issued by the superior court, hold a hearing in which the defendant and his counsel, if any, may participate and inquire into the case and shall admit such person to bail on his personal recognizance without surety unless said justice, clerk or assistant clerk, bail commissioner or master in chancery determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person before the court. In his determination under this section as to whether release will reasonably assure the appearance of the person before the court, said justice, clerk or assistant clerk, bail commissioner or master in chancery shall, on the basis of any information which he can reasonably obtain, take into account the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, financial resources, employment record and history of mental illness, his reputation and the length of residence in the community, his record of convictions, if any, any illegal drug distribution or present drug dependency, any flight to avoid prosecution or fraudulent use of an alias or false identification, any failure to appear at any court proceeding to answer to an offense, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to sections eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, sections three, four or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole, or other release pending completion of sentence for any conviction, and whether he is on release pending sentence or appeal for any conviction. The person authorized to admit the person to bail shall provide as an explicit condition of release for any person admitted to bail pursuant to this section or section fifty-seven that, should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with the third paragraph of this section. If the justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery determines that a cash bail is required, the person shall be allowed to provide an equivalent amount in a surety company bond.

A person, before being released on personal recognizance without surety, shall be informed by the person authorized to admit such person to bail of the penalties provided by section eighty-two A if he fails without sufficient excuse to appear at the specified time and place in accordance with the terms of his recognizance. A person authorized to take bail may charge the fees authorized by section twenty-four of chapter two hundred and sixty-two, if he goes to the place of detention of the person to make a determination provided for in this section although said person is released on his personal recognizance without surety. Said fees shall not be charged by any clerk or assistant clerk of a district court during regular working hours.

A person aforesaid charged with an offense and not released on his personal recognizance without surety by a clerk or assistant clerk of the district court, a bail commissioner or master in chancery shall forthwith be brought before the next session of the district court for a review of the order to recognize in accordance with the standards set forth in the first paragraph of this section. The court shall provide as an explicit condition of release for any person admitted to bail pursuant to this section or section fifty-seven that should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with this paragraph and the court shall enter in writing on the court docket that the person was so informed and the docket shall constitute prima facie evidence that the person was so informed. If a person is on release pending the adjudication of a prior charge, and the court before which the person is charged with committing a subsequent offense after a hearing at which the person shall have the right to be represented by counsel, finds probable cause to believe that the person has committed a crime during said period of release, the court shall then determine, in the exercise of its discretion, whether the release of said person will seriously endanger any person or the community. In making said determination, the court shall consider the gravity, nature and circumstances of the offenses charged, the person's record of convictions, if any, and whether said charges or convictions are for offenses involving the use or threat of physical force or violence against any person, whether the person is on probation, parole or other release pending completion of sentence for any conviction, whether he is on release pending sentence or appeal for any conviction, the person's mental condition, and any illegal drug distribution or present drug dependency. If the court determines that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community, the court may revoke bail on the prior charge and may order said person held without bail pending the adjudication of said prior charge, for a period not to exceed sixty days. The hearing shall be held upon the person's first appearance before the court before which the person is charged with committing an offense while on release pending adjudication of a prior charge, unless that person, or the attorney for the commonwealth, seeks and the court allows, a continuance because a witness or document is not immediately available. Except for good cause, a continuance on motion of the person shall not exceed seven days and on motion of the attorney for the commonwealth may not exceed three business days. During such continuance, the person may be detained consistent with the provisions of this section. Said order shall state in writing the reasons therefor and shall be reviewed by the court upon the acquittal of the person, or the dismissal of, any of the cases involved. A person so held shall be brought to trial as soon as reasonably possible. A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance without surety may petition the superior court for a review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. When a petition for review is filed in the district court or with the detaining authority subsequent to petitioner's district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, the clerk and probation officer of the district court, the district attorney for the district in which the district court is located, the prosecuting officer, the petitioner's counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and of the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court's reasons for denying the release of the defendant on his personal recognizance without surety to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the petitioner, including the petitioner's record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any petitioner in its custody to be brought before the said superior court on the same day the petition shall have been filed, unless the district court or the detaining authority shall determine that such appearance and hearing on the petition cannot practically take place before the adjournment of the sitting of said superior court for that day and in which event, the petitioner shall be caused to be brought before said court for such hearing during the morning of the next business day of the sitting of said superior court. The district court is authorized to order any officer authorized to execute criminal process to transfer the petitioner and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the petitioner and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the petitioner to transport the petitioner to said superior court without the issuance of any writ or other legal process, provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the petitioner before the superior court.

The superior court shall in accordance with the standards set forth in the first paragraph of this section, hear the petition for review as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. The justice of the superior court may, after a hearing on the petition for review, order that the petitioner be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, make any other order of bail or recognizance or remand the petitioner in accordance with the terms of the process by which he was ordered committed by the district court.

If a defendant has posted bail in the district court and has subsequently been arraigned in the superior court for the same offense, the superior court clerk shall notify the district court clerk holding the defendant's bail of such arraignment. Upon such notification, the amount of any bail bond posted by a defendant in the district court shall be carried over to a bail bond required by the superior court. The superior court justices' discretion in setting the amount of bail shall not be affected by the provisions of this paragraph.

Except where the defendant has defaulted on his recognizance or has been surrendered by a probation officer, an order of bail or recognizance shall not be revoked, revised or amended by the district court, because the defendant has been bound over to the superior court; provided, however, that if any court, in its discretion, finds that changed circumstances or other factors not previously known or considered, make the order of bail or recognizance ineffective to reasonably assure the appearance of said defendant before the court, the court may make a further order of bail, either by increasing the amount of the recognizance or requiring sufficient surety or both, which order will not revoke the order of bail or recognizance previously in force and effect. The court may also review such changed circumstances or other factors not previously known or considered in accordance with the third paragraph of this section.

The chief justice of the district court department and the chief justice of the Boston municipal court department shall prescribe forms for use in their respective courts, for the purpose of notifying a defendant of his right to file a petition for review in the superior court, forms for a petition for review and forms for the implementation of any other procedural requirements. The clerk of courts shall forthwith notify the district court of all orders or judgments of the superior court on petitions for review. Costs or expenses of services and transportation under this section shall be ordered paid in the amount determined by the superior court out of the state treasury.

For an offense enumerated in section fifty-eight A, and upon the motion of an attorney for the commonwealth for an order of pretrial detention or imposition of conditions of release based on dangerousness, a justice of the district or superior court shall hold a hearing pursuant to the provisions of subsection (4) of said section fifty-eight A and shall admit such person to bail on his personal recognizance without surety or subject to conditions of release unless said justice, determines, in the exercise of his discretion, that such release will endanger the safety of any other person or the community.

Section 58A. (1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for a felony offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person of another, or any other felony that by its nature involves a substantial risk that physical force against the person of another may result, including the crime of burglary and arson whether or not a person has been placed at risk thereof, or a violation of an order pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, four or five of chapter two hundred and nine A, or section fifteen or twenty of chapter two hundred and nine C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section one of said chapter two hundred and nine A or while an order of protection issued under said chapter two hundred and nine A was in effect against said person, an offense for which a mandatory minimum term of three years or more is prescribed in chapter ninety-four C or a third or subsequent conviction for a violation of section twenty-four of chapter ninety.

(2) Upon the appearance before a superior court or district court judge of an individual charged with an offense listed in subsection (1) and upon the motion of the commonwealth, the judicial officer shall hold a hearing pursuant to subsection (4) issue an order that, pending trial, the individual shall either be released on personal recognizance without surety; released on conditions of release as set forth herein; or detained under subsection (3).

If the judicial officer determines that personal recognizance will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person-

(A) subject to the condition that the person not commit a federal, state or local crime during the period of release; and

(B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community that the person-

(i) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;

(ii) maintain employment, or, if unemployed, actively seek employment;

(iii) maintain or commence an educational program;

(iv) abide by specified restrictions on personal associations, place of abode or travel;

(v) avoid all contact with an alleged victim of the crime and with any potential witness or witnesses who may testify concerning the offense;

(vi) report on a regular basis to a designated law enforcement agency, pretrial service agency, or other agency;

(vii) comply with a specified curfew;

(viii) refrain from possessing a firearm, destructive device, or other dangerous weapon;

(ix) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, without a prescription by a licensed medical practitioner;

(x) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;

(xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial officer may require;

(xii) execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety's property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;

(xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and

(xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.

The judicial officer may not impose a financial condition that results in the pretrial detention of the person.

The judicial officer may at any time amend the order to impose additional or different conditions of release.

(3) If, after a hearing pursuant to the provisions of subsection (4), the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial. A person detained under this subsection shall be brought to a trial as soon as reasonably possible, but in absence of good cause, the person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2). A justice may not impose a financial condition under this section that results in the pretrial detention of the person. Nothing in this section shall be interpreted as limiting the imposition of a financial condition upon the person to reasonably assure his appearance before the courts.

(4) When a person is held under arrest for an offense listed in subsection (1) and upon a motion by the commonwealth, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.

The hearing shall be held immediately upon the person's first appearance before the court unless that person, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed seven days, and a continuance on motion of the attorney for the commonwealth may not exceed three business days. During a continuance, the individual shall be detained upon a showing that there existed probable cause to arrest the person. At the hearing, such person shall have the right to be represented by counsel, and, if financially unable to retain adequate representation, to have counsel appointed. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. The facts the judge uses to support findings pursuant to subsection (3), that no conditions will reasonably assure the safety of any other person or the community, shall be supported by clear and convincing evidence. In a detention order issued pursuant to the provisions of said subsection (3) the judge shall (a) include written findings of fact and a written statement of the reasons for the detention; (b) direct that the person be committed to custody or confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentence or being held in custody pending appeal; and (c) direct that the person be afforded reasonable opportunity for private consultation with his counsel. The person may be detained pending completion of the hearing. The hearing may be reopened before or after a determination by the justice, at any time before trial if the justice finds that information exists that was not known at the time of the hearing and that has a material bearing on the issue and whether there are conditions of release that will reasonably assure the safety of any other person and the community.

(5) In his determination as to whether there are conditions of release that will reasonably assure the safety of any other individual or the community, said justice, shall, on the basis of any information which he can reasonably obtain, take into account the nature and seriousness of the danger posed to any person or the community that would result by the person's release, the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, employment record and history of mental illness, his reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, his record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to section eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, sections three, four or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole or other release pending completion of sentence for any conviction and whether he is on release pending sentence or appeal for any conviction.

(6) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.

(7) A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance with or without surety may petition the superior court for a review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. When a petition for review is filed in the district court or with the detaining authority subsequent to petitioner's district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, the clerk and probation officer of the district court, the district attorney for the district in which the district court is located, the prosecuting officer, the petitioner's counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court's reasons for denying the release of the defendant on his personal recognizance with or without surety to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the petitioner, including the petitioner's record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any petitioner in its custody to be brought before the said superior court within two business days of the petition having been filed. The district court is authorized to order any officer authorized to execute criminal process to transfer the petitioner and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the petitioner and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the petitioner to transport the petitioner to said superior court without the issuance of any writ or other legal process; provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the petitioner before the superior court.

The superior court shall in accordance with the standards set forth in section fifty-eight A, hear the petition for review under section fifty-eight A as speedily as practicable and in any event within five business days of the filing of the petition. The justice of the superior court hearing the review may consider the record below which the commonwealth and the person may supplement. The justice of the superior court may, after a hearing on the petition for review, order that the petitioner be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, make any other order of bail or recognizance or remand the petitioner in accordance with the terms of the process by which he was ordered committed by the district court.

Section 58B. A person who has been released after a hearing pursuant to section fifty-eight A and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention. The judicial officer shall enter an order of revocation and detention if after a hearing the judicial officer finds (1) that there is probable cause to believe that the person has committed a federal or state crime while on release, or clear and convincing evidence that the person has violated any other condition of release; and (2) the judicial officer finds that there are no conditions of release that will reasonably assure the person will not pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.

If there is probable cause to believe that, while on release, the person committed a federal felony or an offense described in clause (1), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of this section and may amend the conditions of release accordingly. Upon the person's first appearance before the judicial officer in the court which will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless that person or the attorney for the commonwealth seeks a continuance. During a continuance the person shall be detained without bail unless the judicial officer finds that there are conditions of release that will reasonably assure that the person will not pose a danger to the safety of any other person or the community and that the person will abide by conditions of release. If the person is detained without bail, except for good cause, a continuance on motion of the person shall not exceed seven days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed three business days. A person detained under this subsection, shall be brought to trial as soon as reasonably possible, but in the absence of good cause, a person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).

SECTION 14. Section 2 of chapter 60 of the acts of 1994 is hereby amended by striking out item number "0321-1606" and inserting in place thereof the following item number:- 0321-1610.

SECTION 15. Item 0332-1600 of said section 2 of said chapter 60 is hereby amended by inserting after the word "(Taunton)" the following words:- ; provided, however, that any unexpended amounts from this appropriation at the close of the fiscal year ending June thirtieth, nineteen hundred and ninety-five shall not revert and shall be made available for the same purposes in the following fiscal year.

SECTION 16. Said section 2 of said chapter 60 is hereby further amended by striking out item number "1102-3211" and inserting in place thereof the following item number:- 1102-3221.

SECTION 17. Item 1108-5200 of said section 2 of said chapter 60 is hereby amended by striking out the figure "433,644,096" and inserting in place thereof the following figure:- 425,680,399.

SECTION 18. Item 1108-5230 of said section 2 of said chapter 60 is hereby amended by striking out the figure "40,482,244" and inserting in place thereof the following figure:- 48,445,941.

SECTION 19. Said section 2 of said chapter 60 is hereby further amended by striking out item number "2260-8880" and inserting in place thereof the following item number:- 2260-8881.

SECTION 20. Item 4000-0500 of said section 2 of said chapter 60 is hereby amended by striking out the figure "903,467,300" and inserting in place thereof the following figure:- 923,467,300.

SECTION 21. Item 4000-0600 of said section 2 of said chapter 60 is hereby amended by striking out the figure "1,232,607,200" and inserting in place thereof the following figure:- 1,207,607,200.

SECTION 22. Item 4000-0700 of said section 2 of said chapter 60 is hereby amended by striking out the figure "351,861,500" and inserting in place thereof the following figure:- 371,861,500.

SECTION 23. Item 4000-0800 of said section 2 of said chapter 60 is hereby amended by striking out the figure "688,281,000" and inserting in place thereof the following figure:- 673,281,000.

SECTION 24. Item 4406-3000 of said section 2 of said chapter 60 is hereby amended by inserting after the word "women", in the last line, the following words:- "and, notwithstanding the provisions of any general or special law or regulation to the contrary, said Shadows shall be entitled to full reimbursement of expenses incurred by it on or after July first, nineteen hundred and ninety-four for the provisions of such services.

SECTION 25. Item 5920-2000 of said section 2 of said chapter 60 is hereby amended by adding the following words:- ; and provided, further, that the department shall expend not less than one thousand one hundred and seventy-five dollars for the purpose of reimbursing Golden Care, Inc., of Boston for home care services provided to Miriam Jacobs in a prior fiscal year.

SECTION 26. Item 7052-0003 of said section 2 of said chapter 60 is hereby amended by inserting after the word "imbalance", in line 2, the following words:- in the fiscal year ending June thirtieth, nineteen hundred and ninety-five.

SECTION 27. Item 7100-0200 in said section 2 of said chapter 60 is hereby amended by striking out the words "no funds shall be expended from this item for the university of Massachusetts at Worcester" and inserting in place thereof the following words:- four hundred and seventy thousand dollars shall be expended from this item for the graduate school of nursing and biomedical sciences at the university of Massachusetts at Worcester.

SECTION 28. Item 9000-1900 of said section 2 of said chapter 60 is hereby amended by adding, after the words "bay state games" the following:- provided further, that of the funds appropriated herein, not less than thirty thousand dollars shall be expended by the special commission established to assist in the support and planning of activities related to the celebration of the 375th anniversary of the Pilgrim's landing in Plymouth;.

SECTION 29. Section 2B of said chapter 60 is hereby amended by striking out item number "7053-2101" and inserting in place thereof the following item number:- 7053-2121.

SECTION 30. Paragraph (8) of section 301 of said chapter 60 is hereby amended by striking out the words "13th Suffolk district, the representative, 15th Suffolk district" and inserting in place thereof the following words:- 11th Suffolk district, the representative, 14th Suffolk district.

SECTION 31. Said chapter 60 is hereby further amended by inserting after section 314 the following section:-

Section 314A. Section eighteen of this act shall take effect as of July first, nineteen hundred and ninety-three.

SECTION 32. Chapter 126 of the acts of 1994 is hereby amended by striking out section 75 and inserting in place thereof the following section:-

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

SECTION 33. Chapter 231 of the acts of 1994 is hereby amended by inserting after section 8 the following new section:-

Section 8A. Sections four and five shall be applicable to fiscal years beginning on or after July first, nineteen hundred and ninety-six.

SECTION 34. The third paragraph of section 77 of chapter 273 of the acts of 1994 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The working group shall file a report on or before July first, nineteen hundred ninety-five with the secretary for administration and finance and the house and senate committees on ways and means.

SECTION 35. Clause (5) of paragraph (e) of section 110 of chapter 5 of the acts of 1995 is hereby amended by inserting after the word "care" the following words:- to whom they have no legal obligation.

SECTION 36. Paragraph (f) of said section 110 of said chapter 5 is hereby amended by striking out the second sentence.

SECTION 37. The second sentence of the first paragraph of subsection (j) of said section 110 of said chapter 5 is hereby amended by inserting after the word "family", in line 2, the following words:- , or both parents in a two parent family.

SECTION 38. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized to transfer during the fiscal year nineteen hundred and ninety-five, an amount not to exceed three hundred thousand dollars from item 1599-3741 of section two of chapter sixty of the acts of nineteen hundred and ninety-four to item 1599-3740 of section two A of chapter one hundred and twenty-six of the acts of nineteen hundred and ninety-four, as continued from said prior appropriation by section two C.I of said chapter one hundred and twenty-six, which amount shall be available for expenditure during said fiscal year for the purposes stated in said item 1599-3740; provided, that said secretary shall give prior written notice of any such transfer to the house and senate committees on ways and means.

SECTION 39. Notwithstanding the provisions of any general or special law to the contrary, the comptroller, upon the written request of the commissioner of the division of medical assistance, and subject to the availability of unexpended funds, is hereby authorized to transfer an amount not exceeding ten million dollars between items 4000-0500, 4000-0600, 4000-0700 and 4000-0800 of section two of chapter sixty of the acts of nineteen hundred and ninety-four for the payment of unanticipated expenditures necessary to meet the purposes of said items as established in said chapter sixty. Said commissioner shall report to the house and senate committees on ways and means any amount transferred pursuant to this section within ten days of making such transfer.

SECTION 40. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than one hundred two thousand eight hundred and twenty-two dollars from item 6010-1018 to 6010-0001 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for expenditures in the LL subsidiary, so-called, in said item 6010-0001.

SECTION 41. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than one hundred eighteen thousand eight hundred and seventeen dollars from item 6010-1018 to 6010-0001 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for the expenditures in the NN subsidiary, so-called, in said item 6010-0001; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 42. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than six hundred ninety-nine thousand six hundred and seventy-one dollars from item 6010-1018 to 6010-0001 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for the purposes of compensating state employees from the AA subsidiary, so-called, in said item 6010-0001; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 43. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than three hundred forty-four thousand seven hundred and five dollars from item 6010-1016 to 6010-0001 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for the purposes of compensating state employees from the AA subsidiary, so-called, in said item 6010-0001; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 44. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than one hundred sixty-three thousand eight hundred and forty-three dollars from item 6010-1016 to 6010-1009 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for the purposes of funding police details from the JJ subsidiary, so-called, in said item 6010-1009.

SECTION 45. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than two hundred forty-six thousand and eighty-seven dollars from item 6010-1011 to 6010-1012 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, that any amount transferred shall be used solely for the purposes of meeting contractual obligations from the NN subsidiary, so-called, in said item 6010-1012; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 46. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than eighty-six thousand five hundred and nine dollars from item 6010-1017 to 6010-1014 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, however, that any amount transferred shall be used solely for the purposes of meeting contractual obligations from the NN subsidiary, so-called, in said item 6010-1014; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 47. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to transfer not more than ninety-nine thousand three-hundred and fifty-three dollars from item 6010-1013 to 6010-1015 in section two of chapter sixty of the acts of nineteen hundred and ninety-four; provided, however, that any amount transferred shall be used solely for the purposes of meeting contractual obligations from the NN subsidiary, so-called, in said item 6010-1015; and provided further, that no funds transferred through the authorization provided herein shall be used for costs incurred through the department's snow and ice control efforts.

SECTION 48. Notwithstanding the provisions of any general or special law or regulation to the contrary, the rate setting commission, in reviewing rates of reimbursement upon the petition of a nursing facility owned by the Martha's Vineyard Hospital Foundation, shall take into consideration the extra variable and fixed costs that said commission may determine to reasonably result from operating a geographically isolated nursing facility located on Martha's Vineyard; provided, that said review shall only consider promulgating adjustments to said rates for the period of time that said foundation owns the said facility and also administers a federally designated sole community provider hospital; and provided further, that the commission shall not consider any adjustments to said rates that are not federally reimbursable. The division of medical assistance, pursuant to the second paragraph of section twelve of chapter one hundred eighteen E of the General Laws, is hereby authorized to enter into a contract with said nursing facility to implement the adjustment to rates, if any, provided for by this section.

SECTION 49. Notwithstanding the provisions of any general or special law to the contrary, the governor's task force on hate crimes is hereby authorized to solicit and to accept gifts, contributions, grants and bequests of funds or other property from individuals, foundations, corporations and federal, state or other governmental bodies, or other public or private entities. Such funds or property may be expended or used to discharge the task force's responsibilities or to conduct its programs, subject to appropriation. The task force shall include in its annual report an accounting of the year's expenditures, funds and property received, and assets.

SECTION 50. Notwithstanding the provisions of paragraph (d) of section thirty-one of chapter twenty-three A of the General Laws, paragraph (b) of section eight D of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five or the provisions of any other general or special law to the contrary, no member of the board of directors of the Government Land Bank shall be prohibited from participating in any decision of said board relating to the Devens Regional Enterprise Zone established in chapter four hundred and ninety-eight of the acts of nineteen hundred and ninety-three by reason of his residence in a municipality within said enterprise zone.

SECTION 51. The secretary for administration and finance is hereby directed to respectfully inform the Congress of the United States that it is the position of the commonwealth that the federal government should adequately fund the cost of public and private sector compliance with the Clean Air Act, Clean Water Act and Safe Drinking Water Act. The secretary is further directed to transmit copies of this position to the President of the United States, to the presiding officer of each branch of the Congress, and to each member thereof from the commonwealth.

SECTION 52. Notwithstanding the provisions of section thirty-nine of chapter two hundred and seven of the General Laws regulating the number of justices of the peace that may be designated, the governor is hereby authorized to designate an additional justice of the peace in the town of Whitman to solemnize marriages under the provisions of said section thirty-nine.

SECTION 53. The house committee on ways and means shall study the mandates and inequities of federal funding for the federal Clean Air Act, Clean Water Act and Safe Drinking Water Act relative to the environmental and economic effects these changes will have on the commonwealth of Massachusetts, including but not limited to the Boston Harbor, water and sewer projects, and air emissions pollution; and further shall identify all federal mandates and the reimbursement therefor, if any.

SECTION 54. Each employee of the Suffolk county sheriff's department who is employed in a collective bargaining unit composed of employees of the Suffolk county house of correction consisting of job classifications CO-1, CO-2, CO-3, CO-4 and CO-5 prior to the effective date of this section shall be accreted to a collective bargaining unit composed of employees of the Suffolk county jail; provided, however, that employees who are in positions classified as CO-1, CO-2, and CO-3 shall be accreted into a bargaining unit composed of employees of the Suffolk county jail consisting of job classifications JO-1, JO-2, JO-3 and RN-08; provided further, that employees who are in positions classified as CO-4 and CO-5 shall be accreted to a collective bargaining unit composed of employees of the Suffolk county jail consisting of job classifications JO-4 and JO-5.

All such accreted employees shall be subject to the terms and conditions of the collective bargaining agreements to which such accreted employees have been accreted in order to establish a common employment plan.

By the establishment of a common employment plan hereunder regarding the aforementioned accreted employees of the Suffolk county jail and the Suffolk county house of correction, the Suffolk county sheriff shall have the sole authority to determine all related personnel matters arising out of said consolidated system of employment.

Nothing contained herein shall be deemed to abrogate any wages or benefits currently held by any employees hereunder.

SECTION 55. For the purposes of section one hundred forty-two A of chapter one hundred eleven of the General Laws, as amended by this act, all regulations adopted and amended by the department before the effective date hereof are hereby ratified and shall be in effect until amended, rescinded or superseded by the department.

SECTION 56. Service men and women who are on active duty, and who are eligible for the Persian Gulf bonus upon completion of the tour of duty, and who re-enlist, shall receive such bonus upon completion of a tour of duty having completed said tour of duty in an honorable manner.

SECTION 57. Seasonal employees of the department of environmental management who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year nineteen hundred and ninety-five shall continue to receive such benefits in fiscal year nineteen hundred and ninety-six.

SECTION 58. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized and directed to designate as a temporary state highway, the Skyline Trail, so-called, an unnumbered highway beginning in the town of Hinsdale and proceeding through the towns of Peru, Middlefield, Chester and Huntington, for the purposes of securing federal funding for the rebuilding of said Skyline Trail, including but not limited to resurfacing, widening, installing guard rails, curbing and eliminating curves where appropriate; provided that upon the completion of said rebuilding project said department shall not be responsible for the maintenance or repair of any portion thereof.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to promulgate rules and regulations to ensure that, effective July first, nineteen hundred and ninety-five, no payment of prior year deficiencies, so-called, will be made until such time as the comptroller has certified to the house committee on ways and means that sufficient funds, excluding interest costs, were available and did revert in the prior fiscal year in which said deficiency occurred.

SECTION 60. Section two of this act shall take effect as of July first, nineteen hundred and ninety-four.

SECTION 61. Sections five and six of this act shall take effect as of December eighth, nineteen hundred and ninety-four.

SECTION 62. The remainder of this act shall take effect upon its passage. `tuc ENDORSEMENTS FOLLOW ON PAGE 35 `t+99