Session Laws

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

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year nineteen hundred and ninety-six, the sums set forth in section two are hereby appropriated for the several purposes and subject to the conditions specified herein or in said appropriations acts, and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June thirtieth, nineteen hundred and ninety-six. The sums so appropriated shall be in addition to any amounts available for the purpose.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 SECRETARY OF STATE. `tc2 Secretary of State. `tc1 0521-0000 `tc4 `tc6 $250,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Personnel Administration. `tc1 1108-1000 `tc4 `tc6 $750,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2100-3010 `tc4 `tc6 $158,855 `tc2 Metropolitan District Commission. `tc1 2440-0010 `tc4 `tc6 $553,907 `tc1 2440-2000 `tc4 `tc6 $1,988,572 `tc1 2440-5000 `tc4 `tc6 $103,024 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6010-0001 `tc4 `tc6 $433,656 `tc1 6030-7201 `tc4 `tc6 $33,587,327 `tc1 6030-7221 `tc4 `tc6 $6,183,619 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Criminal Justice Training Council. `tc1 8200-0200 `tc4 `tc6 $250,000 `tc2 Merit Rating Board. `tc1 8400-0100 `tc4 `tc6 $1,850,000 `tcol;end

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein shall be appropriated from the General Fund, unless specifically designated otherwise, and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds, and the conditions pertaining to appropriations in the general appropriation act or other appropriations acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-six. The sums so appropriated shall be in addition to any amounts available for said purposes. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-3801 `tc4 For the payment of municipal stabilization local aid to cities and towns to mitigate the budgetary impact of the extraordinary snow and ice removal costs associated with the severe winter of fiscal year nineteen hundred and ninety-six; provided, that funds shall be distributed to cities and towns in accordance with the schedule included in section fourteen of this act; provided further, that, notwithstanding the provisions of any general or special law to the contrary, receipt of municipal stabilization local aid shall in no way affect a municipality's obligations regarding education financing and shall be available for unrestricted use by the municipalities `tc6 $21,000,000 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of Police. `tc1 8100-0900 `tc4 For the costs associated with a new state police class; provided, that the department shall seek maximum federal reimbursement under the federal COPS program, so-called `tc6 $380,000 `tc5 Highway Fund 88.2% Local Aid Fund 9.5% General Fund 2.3% `tcol;end

SECTION 3. The first paragraph of section 1E of chapter 15 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following two sentences:- A person affiliated with an independent institution of higher education shall be eligible for membership on said board. No member of said board shall be found to be in violation of section six of chapter two hundred and sixty-eight A for conduct which involves his participation, as a member of said board, in a particular matter before said board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that said member, his immediate family or partner has no personal and direct financial interest in said particular matter; and provided, further, that such affiliation is disclosed to said board and recorded in the minutes of the board.

SECTION 4. Section 31D of chapter 44 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Every city or town shall annually, not later than September fifteenth, report to the division of local services of the department of revenue the total amounts appropriated and expended, including any funding or reimbursements received from the commonwealth, for snow and ice removal in the fiscal year ending on the preceding June thirtieth.

SECTION 5. The definition of "School committee" in section 1 of chapter 133 of the acts of 1989 is hereby amended by adding the following sentence:- For the purposes of section one E of chapter fifteen of the General Laws, the term school committee shall be construed to mean the school committee of said city of Chelsea and shall not mean the university or any of its officers, trustees, employees and agents.

SECTION 6. Section 221 of chapter 379 of the acts of 1992 is hereby amended by striking out the last sentence, as amended by section 195 of chapter 60 of the acts of 1994, and inserting in place thereof the following sentence:- The chief justice for administration and management shall submit said plan or report to the supreme judicial court, the governor, the joint committee on the judiciary and the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-six.

SECTION 7. Section 305 of chapter 38 of the acts of 1995 is hereby amended by striking out the word "approved", inserted by section 71 of chapter 120 of the acts of 1995, and inserting in place thereof the following word:- operated.

SECTION 8. The first paragraph of section 13 of chapter 102 of the acts of 1995, as appearing in section 1 of chapter 273 of the acts of 1995, is hereby amended by adding the following paragraph:-

(d) Allocation of cost associated with airport access improvements:

(i) evaluate and determine the appropriate allocation of benefit accruing to the Massachusetts Port Authority from improved access to Logan airport; said determination shall consider the value of improvements to both the direct connection to the Massachusetts Turnpike and the improved connection to Route 1A in the east Boston section of the city of Boston; provided, however, that said evaluation shall include an analysis quantifying the benefits to said airport from these access improvements; and provided further, that this analysis shall include, but not be limited to, a determination of how said access improvements facilitate increased vehicle capacity entering and departing airport property, contribute to reduced travel time, alleviate traffic congestion, and facilitate the expansion and other modernization improvements of said airport;

(ii) identify all revenue sources available to the Massachusetts Port Authority; provided, however, that for each revenue source identified the operating entity within the Massachusetts Port Authority responsible for generating each individual revenue source also be identified; provided, further, that for each such revenue source those subject to restrictions contained in federal aviation law be identified along with details of the specific restrictions; and provided, further, that for those revenues subject to restrictions contained in federal aviation law all permitted uses of said revenues be identified;

(iii) identify any other restrictions on individual revenue sources that are not governed by federal aviation law; provided, however, that particular attention should be given to revenues generated in connection with parking facilities operated by the Massachusetts Port Authority; and

(iv) establish an amount and terms of contribution from the Massachusetts Port Authority to the commonwealth towards the cost of highway and interchange improvements that benefit access to said airport; provided, however, that said contribution shall be commensurate with the benefit of improved access to said airport; and provided, further, that the amount of contribution established by this paragraph shall be in addition to the amounts established in paragraph (a).

The joint feasibility study authorized by this act shall treat any revenue attributable to an increase in toll rates on the Tobin Memorial Bridge which exceeds revenue necessary to offset costs of said bridge as available for use in financing the general operating costs of transportation infrastructure described in clause (ii) of paragraph (b) of this section; provided, however, that in no instance shall such excess toll revenue be available to finance any capital contribution of the Massachusetts Port Authority required by this act or resulting from the joint feasibility study authorized by this act.

The executive office of transportation and construction, the Massachusetts Port Authority, and the Massachusetts Turnpike Authority shall all be full and equal partners in this portion of the study, but an agreement of a majority of said participants shall be required before submission of this portion of the feasibility study. The results of the study concerning items contained in this paragraph, and the items contained in paragraph (a) that relate to benefits received by the Massachusetts Port Authority from improved airport access, shall be submitted to the house and senate committees on ways and means and the joint committee on transportation not later than June twenty-eighth, nineteen hundred and ninety-six.

SECTION 9. Section 2A of chapter 120 of the acts of 1995 is hereby amended by striking out item 1599-6500 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc1 1599-6500 `tc4 For the cost of relocating the registry of motor vehicles and the merit rating board to temporary space pending repairs to the space occupied by said agencies in the building located in the vicinity of Ruggles station, including the cost of storage, moving, and necessary renovations to the state office building located at one hundred Nashua street in the city of Boston; provided, however, that the registrar of motor vehicles shall take all available actions to obtain full compensation, reimbursement, and damages from the owners of the building formerly rented to and occupied by the registry of motor vehicles and the merit rating board in the vicinity of Ruggles station, for any breach of the lease or of any other duty owed to said agencies, including, but not limited to, if deemed necessary or appropriate, requesting the attorney general to commence litigation to obtain such compensation, reimbursement, and damages; provided, further, that the secretary of administration and finance shall submit quarterly spending plans to the house and senate committees on ways and means which detail all expenditures made from this item; provided, further, that an amount not to exceed three hundred and fifty thousand dollars may be charged to this item for personnel costs which are solely attributable to the relocation of the registry of motor vehicles and the merit rating board to temporary space; and provided further, that no other personnel costs shall be charged to this item; and provided, further, that said secretary of administration and finance is authorized to transfer funds from this item to items 8400-0001 and 8400-0100 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five for the purposes authorized herein subject to an allocation plan which said secretary shall file in advance with said house and senate committees on ways and means `tc6 $10,000,000 `tcol;end

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, every city or town shall report within thirty days of the effective date of this act to the division of local services of the department of revenue and the house and senate committees on ways and means the total amounts appropriated and expended, including any funding or reimbursements received from the commonwealth, for each fiscal year during the period of fiscal year nineteen hundred and ninety-three through nineteen hundred and ninety-five, inclusive; provided, however, that said division of local services shall certify the accuracy of the information provided by cities and towns; provided, further, that notwithstanding the provisions of item 1599-3801 of section two A or any other general or special law to the contrary, any city or town which is due reimbursement from said item shall not receive such reimbursement until such time as said city or town meets the reporting requirements of this section.

SECTION 11. (a) Notwithstanding the provisions of any general or special law or regulation or bulletin to the contrary, including the provisions of section four of chapter seven of the General Laws, the metropolitan district commission, the department of environmental management and the department of mental retardation are hereby exempted from the provisions of administrative bulletin 93-1 sections IV, V, and VIII.I. Said exemption shall expire on June thirtieth, nineteen hundred and ninety-seven.

(b) The state comptroller is hereby authorized and directed to convene a task force which shall study the current motor vehicle leasing chargeback system employed by the office of vehicle management. Said task force shall include the director of the office of vehicle management, or his designee, the commissioner of the department of environmental management, or his designee, the commissioner of the metropolitan district commission, or his designee, and the commissioner of the department of mental retardation, or his designee. Said task force shall examine whether the current vehicle chargeback system offers sufficient management flexibility to office of vehicle management client agencies in the leasing of vehicles and any potential reforms to the current vehicle chargeback system which will result in savings to the commonwealth or said client agencies. Said study shall also take into account the experience of those agencies exempted from said chargeback system under the provisions of subsection (a). The report of said study shall be filed with the budget bureau and the house and senate committees on ways and means not later than March first, nineteen hundred and ninety-seven.

SECTION 12. Notwithstanding the provisions of any general or special law to the contrary, the executive office of communities and development is hereby authorized and directed to expend any remaining balance from fiscal year nineteen hundred and ninety-five from the Low Income Home Energy Assistance Program to meet the fiscal year nineteen hundred and ninety-six requirements of said program.

SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, no gas or electric company shall shut off gas or electric service before April fifteenth, nineteen hundred and ninety-six to a residential customer whose household receives assistance from the Low Income Home Energy Assistance Program because of an inability to pay an overdue charge, when such gas or electric service is used to provide heat or operate the heating system of the customer's unit or building. Regulations promulgated by the department of public utilities pursuant to section one hundred and twenty-four F of chapter one hundred and sixty-four of the General Laws shall apply to this section. Any violation of this section shall be subject to the penalties provided for in section one hundred and twenty-four I of said chapter one hundred and sixty-four. The attorney general or a person aggrieved by a violation of any of the provisions of this section may enforce such provisions by commencing an action in the superior court.

SECTION 14. Notwithstanding the provisions of any general or special law to the contrary, the funds appropriated in item 1599-3801 of section two A of this act shall be distributed according to the schedule listed below:

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ABINGTON 45,775

ACTON 53,661

ACUSHNET 37,546

ADAMS 41,459

AGAWAM 85,579

ALFORD 4,467

AMESBURY 48,212

AMHERST 147,556

ANDOVER 100,977

ARLINGTON 106,611

ASHBURNHAM 29,132

ASHBY 19,008

ASHFIELD 18,450

ASHLAND 35,489

ATHOL 62,157

ATTLEBORO 149,666

AUBURN 55,162

AVON 15,783

AYER 21,224

BARNSTABLE 143,542

BARRE 35,417

BECKET 14,723

BEDFORD 45,064

BELCHERTOWN 51,295

BELLINGHAM 46,665

BELMONT 54,402

BERKLEY 20,151

BERLIN 13,604

BERNARDSTON 13,876

BEVERLY 111,254

BILLERICA 117,997

BLACKSTONE 31,068

BLANDFORD 16,386

BOLTON 17,916

BOSTON 1,700,818

BOURNE 49,379

BOXBOROUGH 12,503

BOXFORD 27,263

BOYLSTON 15,291

BRAINTREE 101,899

BREWSTER 21,891

BRIDGEWATER 79,279

BRIMFIELD 21,280

BROCKTON 340,998

BROOKFIELD 16,796

BROOKLINE 108,233

BUCKLAND 14,052

BURLINGTON 72,945

CAMBRIDGE 246,095

CANTON 57,091

CARLISLE 16,370

CARVER 43,120

CHARLEMONT 12,578

CHARLTON 53,497

CHATHAM 20,566

CHELMSFORD 103,948

CHELSEA 100,227

CHESHIRE 18,134

CHESTER 15,942

CHESTERFIELD 14,350

CHICOPEE 197,345

CHILMARK 3,762

CLARKSBURG 8,473

CLINTON 47,762

COHASSET 17,664

COLRAIN 21,853

CONCORD 51,623

CONWAY 17,438

CUMMINGTON 12,586

DALTON 27,082

DANVERS 74,295

DARTMOUTH 93,393

DEDHAM 64,420

DEERFIELD 29,808

DENNIS 45,472

DIGHTON 24,302

DOUGLAS 29,630

DOVER 16,402

DRACUT 91,816

DUDLEY 43,702

DUNSTABLE 11,978

DUXBURY 39,703

EAST BRIDGEWATER 32,551

EAST BROOKFIELD 8,678

EAST LONGMEADOW 50,298

EASTHAM 14,814

EASTHAMPTON 59,400

EASTON 64,488

EDGARTOWN 12,826

EGREMONT 9,773

ERVING 5,685

ESSEX 10,921

EVERETT 83,472

FAIRHAVEN 54,436

FALL RIVER 385,976

FALMOUTH 83,408

FITCHBURG 169,131

FLORIDA 10,351

FOXBOROUGH 47,401

FRAMINGHAM 195,373

FRANKLIN 73,506

FREETOWN 33,151

GARDNER 90,230

GAY HEAD 2,003

GEORGETOWN 23,547

GILL 12,950

GLOUCESTER 74,906

GOSHEN 7,271

GOSNOLD 521

GRAFTON 48,841

GRANBY 26,014

GRANVILLE 17,709

GREAT BARRINGTON 33,637

GREENFIELD 76,946

GROTON 33,801

GROVELAND 19,528

HADLEY 23,780

HALIFAX 25,800

HAMILTON 22,257

HAMPDEN 21,137

HANCOCK 6,179

HANOVER 38,530

HANSON 31,448

HARDWICK 25,648

HARVARD 47,743

HARWICH 39,900

HATFIELD 17,900

HAVERHILL 189,227

HAWLEY 10,656

HEATH 13,404

HINGHAM 56,572

HINSDALE 12,112

HOLBROOK 34,625

HOLDEN 55,729

HOLLAND 11,382

HOLLISTON 42,280

HOLYOKE 177,698

HOPEDALE 19,734

HOPKINTON 33,218

HUBBARDSTON 25,300

HUDSON 59,056

HULL 32,225

HUNTINGTON 14,218

IPSWICH 37,334

KINGSTON 33,458

LAKEVILLE 27,541

LANCASTER 30,037

LANESBOROUGH 16,223

LAWRENCE 354,895

LEE 23,500

LEICESTER 45,988

LENOX 21,706

LEOMINSTER 138,063

LEVERETT 10,998

LEXINGTON 73,162

LEYDEN 9,465

LINCOLN 22,457

LITTLETON 26,473

LONGMEADOW 46,413

LOWELL 385,137

LUDLOW 69,165

LUNENBURG 38,592

LYNN 296,488

LYNNFIELD 30,749

MALDEN 172,321

MANCHESTER 11,883

MANSFIELD 53,086

MARBLEHEAD 44,137

MARION 10,744

MARLBOROUGH 99,255

MARSHFIELD 60,691

MASHPEE 36,281

MATTAPOISETT 17,052

MAYNARD 32,913

MEDFIELD 34,336

MEDFORD 152,398

MEDWAY 35,067

MELROSE 74,689

MENDON 17,750

MERRIMAC 20,016

METHUEN 133,575

MIDDLEBOROUGH 77,782

MIDDLEFIELD 9,362

MIDDLETON 18,189

MILFORD 81,688

MILLBURY 45,174

MILLIS 28,316

MILLVILLE 10,609

MILTON 67,855

MONROE 3,900

MONSON 42,739

MONTAGUE 43,617

MONTEREY 11,356

MONTGOMERY 8,320

MOUNT WASHINGTON 4,126

NAHANT 9,379

NANTUCKET 36,612

NATICK 85,053

NEEDHAM 72,425

NEW ASHFORD 2,725

NEW BEDFORD 404,013

NEW BRAINTREE 13,318

NEW MARLBOROUGH 20,382

NEW SALEM 10,072

NEWBURY 21,318

NEWBURYPORT 48,413

NEWTON 198,846

NORFOLK 33,455

NORTH ADAMS 76,029

NORTH ANDOVER 71,617

NORTH ATTLEBOROUGH 81,862

NORTH BROOKFIELD 28,536

NORTH READING 36,746

NORTHAMPTON 106,275

NORTHBOROUGH 39,668

NORTHBRIDGE 50,416

NORTHFIELD 21,688

NORTON 53,031

NORWELL 32,643

NORWOOD 85,655

OAK BLUFFS 10,667

OAKHAM 13,073

ORANGE 43,801

ORLEANS 18,969

OTIS 10,608

OXFORD 55,817

PALMER 52,821

PAXTON 16,597

PEABODY 120,212

PELHAM 7,773

PEMBROKE 43,113

PEPPERELL 40,939

PERU 9,440

PETERSHAM 16,056

PHILLIPSTON 13,155

PITTSFIELD 176,468

PLAINFIELD 11,714

PLAINVILLE 24,041

PLYMOUTH 129,621

PLYMPTON 12,124

PRINCETON 23,658

PROVINCETOWN 8,598

QUINCY 245,183

RANDOLPH 94,559

RAYNHAM 35,901

READING 61,123

REHOBOTH 42,692

REVERE 130,577

RICHMOND 11,237

ROCHESTER 19,917

ROCKLAND 52,035

ROCKPORT 18,764

ROWE 8,446

ROWLEY 18,449

ROYALSTON 18,455

RUSSELL 9,345

RUTLAND 27,149

SALEM 101,287

SALISBURY 19,714

SANDISFIELD 19,297

SANDWICH 46,843

SAUGUS 68,301

SAVOY 12,731

SCITUATE 48,726

SEEKONK 44,983

SHARON 51,000

SHEFFIELD 23,791

SHELBURNE 15,768

SHERBORN 15,952

SHIRLEY 28,102

SHREWSBURY 75,272

SHUTESBURY 10,119

SOMERSET 47,667

SOMERVILLE 223,283

SOUTH HADLEY 58,992

SOUTHAMPTON 24,379

SOUTHBOROUGH 25,379

SOUTHBRIDGE 70,674

SOUTHWICK 32,282

SPENCER 54,501

SPRINGFIELD 644,568

STERLING 32,512

STOCKBRIDGE 12,805

STONEHAM 60,291

STOUGHTON 88,572

STOW 19,509

STURBRIDGE 35,026

SUDBURY 46,350

SUNDERLAND 16,572

SUTTON 34,570

SWAMPSCOTT 30,185

SWANSEA 54,713

TAUNTON 182,157

TEMPLETON 35,226

TEWKSBURY 89,211

TISBURY 7,824

TOLLAND 9,339

TOPSFIELD 20,873

TOWNSEND 40,869

TRURO 10,057

TYNGSBOROUGH 33,146

TYRINGHAM 6,059

UPTON 22,047

UXBRIDGE 45,549

WAKEFIELD 70,966

WALES 9,507

WALPOLE 62,592

WALTHAM 169,382

WARE 46,454

WAREHAM 65,240

WARREN 27,023

WARWICK 14,321

WASHINGTON 10,763

WATERTOWN 83,637

WAYLAND 37,748

WEBSTER 58,638

WELLESLEY 66,953

WELLFLEET 14,838

WENDELL 13,068

WENHAM 12,793

WEST BOYLSTON 24,687

WEST BRIDGEWATER 25,839

WEST BROOKFIELD 19,329

WEST NEWBURY 15,211

WEST SPRINGFIELD 89,487

WEST STOCKBRIDGE 10,265

WEST TISBURY 4,661

WESTBOROUGH 53,718

WESTFIELD 141,726

WESTFORD 59,150

WESTHAMPTON 12,828

WESTMINSTER 31,786

WESTON 30,710

WESTPORT 50,766

WESTWOOD 39,663

WEYMOUTH 161,034

WHATELY 9,449

WHITMAN 47,736

WILBRAHAM 43,328

WILLIAMSBURG 14,863

WILLIAMSTOWN 29,415

WILMINGTON 60,569

WINCHENDON 47,614

WINCHESTER 47,513

WINDSOR 16,518

WINTHROP 51,176

WOBURN 108,263

WORCESTER 658,502

WORTHINGTON 15,434

WRENTHAM 33,571

YARMOUTH 66,219

SECTION 15. This act shall take effect upon its passage.