This document is still being worked on to include the Governor's actions and any subsequent legislative action.
AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 2004 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to make appropriations for the fiscal year beginning July 1, 2003, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 2004, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise herein or in said appropriation acts, for the several purposes and subject to the conditions specified herein or in said appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2004, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items. Provided that appropriations in this act may be used to pay obligations incurred in the prior fiscal year.
SECTION 2.
JUDICIARY.
Supreme Judicial Court
0320-0003 ............................................................................................................................................. $696,000
0321-0100 .............................................................................................................................................$75,000
Trial Court
Governor reduced this
item
|
$4,700,000 |
0339-1004 ............................................................................................................................................. $820,000
DISTRICT ATTORNEYS.
District Attorney's Association.
0340-0500............................................................................................................................................. $400,000
0340-2101 ............................................................................................................................................. $82,758
TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver-General.
0611-1000 ............................................................................................................................................. $16,900
Massachusetts Cultural Council.
Governor vetoed this item
Overridden by the Legislature
0640-0300 .............................................................................................................................................$300,000
STATE AUDITOR.
Office of the State Auditor.
Governor vetoed this item
This item was overridden by the Legislature
0710-0000 .............................................................................................................................................
$57,250
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Bureau of State Office Buildings.
1102-3301 ............................................................................................................................................. $150,000
1102-3302 ............................................................................................................................................. $534,858
Division of Human Resources
1750-0300 ............................................................................................................................................. $1,068,127
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Department of Fish and Game
2330-0100 ............................................................................................................................................. $173,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Veterans Services
1410-0010 ............................................................................................................................................. $20,000
1410-0400 ............................................................................................................................................. $762,656
Department of Transitional Assistance
4408-1000 ............................................................................................................................................. $2,400,000
Department of Public Health.
4512-0200 ............................................................................................................................................. $518,925
Governor reduced this item
Overridden by the Legislature
4513-1000
.............................................................................................................................................
$2,000,000
|
$1,500,000 |
Department of Social Services.
4800-0015 ............................................................................................................................................. $3,752,497
Governor vetoed this item
Overridden by the Legislature
4800-0038 .............................................................................................................................................
$500,000
Governor vetoed this item
4800-1400
.............................................................................................................................................
$60,000
Department of Mental Health
5046-2000 ............................................................................................................................................. $1,500,000
Department of Mental Retardation
5920-2000 ............................................................................................................................................. $3,200,000
5930-1000 ............................................................................................................................................. $832,362
Office of Elder Services
Governor vetoed this item
The Governor's veto was overridden by the Legislature
4000-0600
.............................................................................................................................................
$600,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Department of Labor.
Governor vetoed this item
Overridden by the Legislature
7002-0800 .............................................................................................................................................
$180,000
Division of Insurance
7006-0020 ............................................................................................................................................. $250,000
Department of Business and Technology.
Governor reduced this item
Overridden by the Legislature
7007-1300
.............................................................................................................................................
$1,100,000
|
$500,000 |
University of Massachusetts
Governor vetoed this
item
Overridden by the
Legislature
7100-0200
.............................................................................................................................................
$10,000,000
EXECUTIVE OFFICE OF PUBLIC SAFETY
Office of the Secretary
8000-0040 ............................................................................................................................................. $513,056
LEGISLATURE
Joint Legislative Expenses
Governor reduced this item
The Governor's veto was overridden by the Legislature
9700-0000
.............................................................................................................................................
$8,686,000
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 are hereby appropriated from the General Fund unless specifically designated otherwise herein, for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2004, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items. Provided that appropriations in this act may be used to pay obligations incurred in the prior fiscal year.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
- 1599-2500
- For a reserve for the continuation of certain historic preservation projects authorized pursuant to item 1599-0051 of section 2A of chapter 236 of the acts of 2000 ............................................................................ $28,977
- Governor vetoed this item
1599-3000 - For the Suffolk county sheriff's Department to cover costs relating to a deficit incurred by the Mack Settlement, so-called, in fiscal year 2003 .......................................................................................................... $2,000,000
- 1599-3001
- For the Barnstable county sheriff's department for costs associated with the opening of a new correctional facility in fiscal year 2004 ............................................................................................................................. $2,900,000
- 1599-4121
- For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of trustees of the University of Massachusetts and: the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA; the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC; the University Staff Association/Massachusetts Teachers Association/ NEA; the International Brotherhood of Police Officers, Local 432, Units A and B; the International Brotherhood of Teamsters, Local 25 (two units); the University of Massachusetts and the International Brotherhood of Police Officers, Local 399; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507; the National Association of Government Employees, Local 245; the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation; the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services; International Association of Police Officers, Local 399; the Massachusetts Society of Professors/Lowell; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776; the Graduate Employee Organization, Local 2322, UAW; the Service Employees' International Union, Local 509, Unit B; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Clerical-Technical Unit; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit; the National Association of Government Employees; the Graduate Employee Organization, Local 1596, UAW; and the Graduate Employee Organization Boston, Local 1596, UAW; provided, that said payments shall fund the fiscal year 2004 payments associated with salary adjustments and other economic benefits provided for in such collective bargaining agreements; provided that the salary of each employee covered by the terms of the collective bargaining agreements listed in this item shall be increased by an amount of money which shall cause said employee to be paid, effective on January first, two thousand and four, the salary specified in the relevant agreement which would have been in effect as of January first, two thousand and four in accordance with the provisions of such agreement; provided, further, that employees covered by the terms of the collective bargaining agreements listed in this item shall, subject to appropriation in fiscal year two thousand and five and thereafter, continue to be paid salaries specified in this item until the parties to said collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided, further, that the president of the University of Massachusetts is authorized and directed to expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the University based upon a schedule submitted by the president of the University of Massachusetts; provided, further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, including subsection (c) of section seven of said chapter one hundred and fifty E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the provisions of any collective bargaining agreement to the contrary; provided further, that notwithstanding the provisions of chapter 150E of the General Laws or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to other than fiscal year 2004, as otherwise provided in such collective bargaining agreements ............................................................................ $25,960,285
- 1599-4122
- For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of higher education and: the Association of Professional Administrators; and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, AFL-CIO; provided, that said payments shall fund the fiscal year 2004 payments associated with salary adjustments and other economic benefits provided for in such collective bargaining agreements; provided that the salary of each employee covered by the terms of the collective bargaining agreements listed in this item shall be increased by an amount of money which shall cause said employee to be paid, effective on January first, two thousand and four, the salary specified in the relevant agreement which would have been in effect as of January first, two thousand and four in accordance with the provisions of such agreement; provided, further, that employees covered by the terms of the collective bargaining agreements listed in this item shall, subject to appropriation in fiscal year two thousand and five and thereafter, continue to be paid salaries specified in this item until the parties to said collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided, further, that the chancellor of the board of higher education is authorized and directed to expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor of the board of higher education; provided, further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, including subsection (c) of section seven of said chapter one hundred and fifty E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the provisions of any collective bargaining agreement to the contrary; provided further, that notwithstanding the provisions of chapter 150E of the General Laws or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to other than fiscal year 2004, as otherwise provided in such collective bargaining agreement ................................................................................................................... $8,216,573
- 1599-4148
- For a reserve for the commonwealth's share of the cost associated with training and skills development pursuant to sections 3 and 4 of article 20 of the agreement between the commonwealth and the State Police Association of Massachusetts, as amended by the memorandum of agreement signed July 12, 2001; provided, that this appropriation shall expire on June 30, 2004 ........................................................................................................ $200,278
- Governor vetoed this item
The Governor's veto was overridden by the Legislature
1599-4500 - For a reserve to leverage a federal grant for the Help America Vote Act; provided, that the secretary of the commonwealth shall submit a report no later than December 20, 2003 to the house and senate committees on ways and means that shall include but not be limited to the following; summarizing the implementation of this act, amount of federal funds received as a result of this appropriation, how the state and federal funds will be spent, how much in state spending is needed to access the remainder of federal funds associated with the Help America Vote Act ............. $1,727,500
- 1599-4501
- For a reserve for the department of Youth Services; provided that the secretary of administration and finance shall file a report with the House and Senate committees on ways and means no later than Dec 31, 2003 that shall include, but not be limited to, the following; a schedule of transfers from this item to other items of appropriation, the amount of and reasons for such transfers ................................................................................................................................ $3,100,000
- Governor vetoed this item
1599-6300 For a one-time reserve for a loan to the town of Webster to help defray certain unanticipated costs associated with the implementation of chapter 24 of the acts of 2003; provided, that the town shall be obligated to repay to the Commonwealth the full amount appropriated by this item no later than June 30, 2006 ............................ $125,000- 1599-7104
- For a reserve for the facilities costs associated with the college of visual and performing arts at the university of Massachusetts at Dartmouth; provided, that funds may be expended for Bristol community college ......... $2,700,000
- 1599-8002
- For a reserve for public safety costs, including but not limited to, the increased security costs for salary and employee related costs for additional state police officers at Logan Airport ............................................................. $575,500
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health.
- 4590-0301
- The department of public health may expend an amount not to exceed $6,000,000 generated from revenues received from the collection of federal financial participation for the school health services program; provided, that the revenue shall be directed toward additional resources for the school health services program ................................................. $6,000,000
EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of Forensic Sciences
- 8000-0106
- For costs related to the collection of DNA samples pursuant to Chapter of the acts of 2003 ........... $3,650,000
- 8000-0190
- For a retained revenue account for the criminal history systems board; provided, that said board may expend not more than $185,000 from fees collected for criminal offender record information requests; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .......................................................................................................................................... $185,000
SECTION 2B. Notwithstanding any general or special law to the contrary, the agencies listed in this section may expend such amounts as are listed in this section for the provisions of services to agencies listed in section 2; provided, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws; provided further, that no expenditures shall be made from the Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year 2004; provided further, that all authorizations in this section shall be charged to the Intragovernmental Service Fund; and provided further, that any balance remaining at the close of fiscal year 2004 shall be transferred to the General Fund.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Bureau of State Office Buildings.
1102-3336 ............................................................................................................................... $350,000
SECTION 3. Section 41 of chapter 3 of the General Laws is hereby amended by striking out the second paragraph, as amended by section 4 of chapter 26 of the acts of 2003, and inserting in place thereof the following paragraph:-
The state secretary shall assess each executive and legislative agent an annual filing fee of $1,000 upon entering the agent's name upon the docket. The state secretary, in his discretion, may waive this annual filing fee for good cause and upon written request for executive and legislative agents who exclusively file to represent not-for-profit entities. The state secretary shall assess each employer of an executive and or legislative agent or agents an annual filing fee of $100 when the employer files the initial agent's name upon the docket as provided in section 40.
SECTION 4. Section 17 of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 7, the words ", the alcoholic beverages control commission".
SECTION 5. Section 178D of chapter 6 of the General Laws is hereby amended by inserting after the first paragraph the following 2 paragraphs:-
Notwithstanding sections 178C to 178P, inclusive, or any other general or special law to the contrary and in addition to any responsibility otherwise imposed upon the board, the board shall make the sex offender information contained in the sex offender registry, delineated below in subsections (i) to (viii), inclusive, available for inspection by the general public in the form of a comprehensive database published on the internet, known as the "sex offender internet database"; provided, however, that no registration data relating to a sex offender given a level 1 or level 2 designation by the board under section 178K shall be published in the sex offender internet database but may be disseminated by the board as otherwise permitted by said sections 178C to 178P, inclusive; and provided further, that the board shall keep confidential and shall not publish in the sex offender internet database any information relating to requests for registration data under sections 178I and 178J:
(i) the name of the sex offender;
(ii) the offender's home address;
(iii) the offender's work address;
(iv) the offense for which the offender was convicted or adjudicated and the date of the conviction or adjudication;
(v) the sex offender's age, sex, race, height, weight, eye and hair color;
(vi) a photograph of the sex offender, if available;
(vii) whether the sex offender has been designated a sexually violent predator; and
(viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive.
All information provided to the general public through the sex offender internet database shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The sex offender internet database shall be updated regularly, based on information available to the board and shall be open to searches by the public at any time without charge or subscription. The board shall promulgate rules and regulations to implement, update and maintain such a sex offender internet database, to ensure the accuracy, integrity and security of information contained therein, to ensure the prompt and complete removal of registration data for persons whose duty to register has terminated or expired under section 178G, 178L or 178M or any other law and to protect against the inaccurate, improper or inadvertent publication of registration data on the internet.
SECTION 6. Section 178E of said chapter 6 is hereby amended by inserting after the word "register", in lines 12, 43 and 61, as so appearing, the following words:- in the commonwealth and in any state where he resides, is employed, carries on a vocation or is a student.
SECTION 7. Said section 178E of said chapter 6 is hereby further amended by inserting after the word "address", in line 14, in line 44, the second time it appears, and in line 63, as so appearing, the following words:- within the commonwealth or in another state.
SECTION 8. Said section 178E of said chapter 6, as so appearing, is hereby further amended by striking out, in line 23, the word "after" and inserting in place thereof the following word:- before.
SECTION 9. Subsection (a) of said section 178E of said chapter 6, as so appearing, is hereby amended by adding the following sentence:- No sex offender shall be released from custody unless such registration has been filled out, signed and mailed to the board.
SECTION 10. The first sentence of subsection (p) of said section 178E of said chapter 6, as appearing in section 11 of chapter 77 of the acts of 2003, is hereby amended by inserting after the words "attending or" the following words:- stop attending.
SECTION 11. Said section 178E of said chapter 6 is hereby amended by striking out, in line 194, as appearing in the 2002 Official Edition, the figure "178I" and inserting in place thereof the following:- 178D, 178I.
SECTION 12. Section 178F 1/2 of said chapter 6 is hereby amended by inserting after the word "offender", in line 54, as so appearing, the following words:- , except as otherwise provided by sections 178C to 178P, inclusive.
SECTION 13. Section 178K of said chapter 6 is hereby amended by striking out, in line 161, as so appearing, the figure "178I" and inserting in place thereof the following:- 178D, 178I.
SECTION 14. Section 178O of said chapter 6, as so appearing, is hereby amended by inserting after the word "any", in line 2, the following words:- publication on the internet under section 178D or other.
SECTION 15. Section 70 of chapter 10 of the General Laws, inserted by section 48 of chapter 26 of the acts of 2003, is hereby amended by striking out the seventh sentence.
Governor vetoed section 16SECTION
16. Section 65 of chapter 30 of the General Laws, added by section
173 of said chapter 26, is hereby amended by striking out subsection (c) and
inserting in place thereof the following subsection:-
(c) Instead of making the certificate under clause (1) of subsection (a),
the governor's chief legal counsel may, upon written request by the head of any
department, agency, board or commission, with the written approval of the head
thereof and with the voluntary written consent of the attorney, provide specific
legal services for the requesting department, agency, board or commission for a
period not exceeding 3 months but subject to renewal with the voluntary written
consent of the attorney. Such an assignment shall be subject to any applicable
collective bargaining agreement. The certification required of the comptroller
by the fourth paragraph of section 31 of chapter 29 shall not be required in
instances of such an assignment by the governor's chief legal counsel.
SECTION 17. Chapter 38 of the General Laws is hereby amended by striking out section 6, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-
Section 6. It shall be the duty of any person who discovers unmarked human skeletal remains or who knowingly causes human remains to be disturbed through construction or agricultural activity, to immediately notify the office. The office shall conduct an inquiry to determine whether the remains are suspected of being 100 years old or more, and, if so determined, shall immediately notify the state archaeologist. The state archaeologist shall determine if the skeletal remains are Native American. If the remains are deemed likely to be Native American, the state archaeologist shall immediately notify the commission on Indian affairs which shall cause a site evaluation to be made to determine if the place where the remains were found is a Native American burial site.
SECTION 18. Said chapter 38 is hereby amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-
Section 14. A medical examiner or forensic investigator designated by the chief medical examiner shall, on payment of a fee as determined from time to time by the secretary of public safety, which shall be not less than $75, view the body and make personal inquiry concerning the cause and manner of death of any person whose body is intended for cremation or burial at sea and shall authorize such cremation or burial at sea only when no further examination or judicial inquiry concerning such death is necessary. Said fee shall be paid by the person to whom such authorization for cremation or burial at sea is given. Cremation fees collected by the office of the chief medical examiner shall be utilized to support the comprehensive system of medico-legal investigative services delivered by the agency. District medical examiners employed on a fee-for-service basis shall be compensated for performance of cremation views at a rate set by the secretary of public safety. Other medical examiners or forensic investigators performing cremation views will not receive additional compensation beyond their specified salaries.
SECTION 19. The first paragraph of section 5B of chapter 40 of the General Laws, as appearing in section 14 of chapter 46 of the acts of 2003, is hereby amended by adding the following sentence:- Any interest shall be added to and become part of the fund.
SECTION 20. Chapter 41 of the General Laws is hereby amended by striking out section 95A, inserted by section 20 of said chapter 46, and inserting in place thereof the following section:-
Section 95A. Constables appointed pursuant to the provisions of sections 91, 91A and 91B or otherwise elected to serve as such in a city or town shall, not later than the fifth day of every month, deposit with the city or town treasurer 25 per cent of the fees collected by them during the preceding month for the service of civil process under the fee structure established in section 8 of chapter 262. The treasurer shall deposit such funds into the General Fund of the city or town and they shall be expended, subject to appropriation by a majority vote of the city council in a city or by a majority vote of town meeting in a town, for any purpose for which the city or town deems necessary.
SECTION 21. Said chapter 41, as so appearing, is hereby further amended by striking out section 95B, inserted by said section 20 of said chapter 46, and inserting in place thereof the following section:-
Section 95B. Each constable shall annually on or before April 15 file with the city or town treasurer an account signed under the penalties of perjury of all fees and money received by him under section 8 of chapter 262 for the service of civil process. Such account shall include an itemization of all civil process fees charged by the constable's civil process office, all revenue received from said fees and all amounts paid by the constable to any city or town treasurer on account of such civil process fees under section 95A.
SECTION 22. Section 2F of chapter 90 of the General Laws is hereby amended by inserting after the word "prevention", in line 31, as appearing in the 2002 Official Edition, the following words:- ; The New England Patriots Charitable Foundation, Inc.; Mini Fenway Park.
SECTION 23. Subsection (c) of said section 2F of said chapter 90, as appearing in section 3 of chapter 334 of the acts of 2002, is hereby amended by striking out the words "only plates" and inserting in place thereof the following words:- , but not be limited to, plates.
SECTION 24. Section 20E of said chapter 90 is hereby amended by striking out subsection (b), as amended by section 1 of chapter 222 of the acts of 2002, and inserting in place thereof the following subsection:-
(b) Within 45 days, the registered owner shall furnish to such parking clerk in writing the name and address of the lessee or rentee of such motor vehicle at the time of such violation; and if the lessee or rentee is also the operator, the lessee's or rentee's driver's license number, state of issuance of such driver's license and the lessee's or rentee's date of birth.
SECTION 25. Said section 20E of said chapter 90, added by section 2 of said chapter 222 of the acts of 2002, is hereby amended by striking out subsection (j).
SECTION 26. Section 25A of chapter 111 of the General Laws is hereby amended by adding the following paragraph:-
The department of public health may establish an Amyotrophic Lateral Sclerosis registry, by areas and regions of the commonwealth, with specific data to be obtained from urban, low and median income communities, and minority communities of the commonwealth.
SECTION 27. Section 111B of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the word "disease", in lines 2 and 8, the following words:- and benign brain-related tumors.
SECTION 28. Said section 111B of said chapter 111 of the General Laws, as so appearing, is hereby further amended by inserting after the word "cancer", in line 5, the following words:- and benign brain-related tumors.
SECTION 29. Section 12 of chapter 118E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, no health plan offered by, or under a contract with, the division under section 9D or part (a)(26) of 42 USC section 1396d shall constitute the business of insurance and no such plan shall be subject to chapters 175 to 176O, inclusive. Nothing in this paragraph shall affect the legal status or obligations under such insurance laws of any entity otherwise constituting or conducting the business of insurance for any other purpose.
Governor vetoed sections 30 and
31SECTION 30. The third sentence of subsection (c 1/2)
of section 31 of chapter 118E of the General Laws, inserted by section 329 of
chapter 26 of the acts of 2003, is hereby amended by inserting after the word
"assets" the following words:- , not including life insurance policies,.
SECTION 31. Clause (2) of subsection (b) of section 32 of
said chapter 118E, as appearing in section 330 of said chapter 26, is hereby
amended by striking out the words "annuities and life insurance policies held on
the life of a decedent age 55 or older" and inserting in place thereof the
following words:- an annuity contract that was owned by a decedent age 55 or
older who, at the time of his death, was a resident of the commonwealth.
SECTION 32. The third paragraph of section 18A of chapter 138 of the General Laws is hereby amended by inserting after the figure "$5,000", inserted by section 414 of said chapter 26, the following words:- ; provided, however, that for any licensee who represents more than 1 principal, the license fee shall be $500 for each principal more than 1; and provided further, that there shall be a cap on the fees paid to represent multiple principals of $6,500.
SECTION 33. Section 24 of chapter 138 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 2, the word "governor" and inserting in place thereof the following word:- treasurer.
SECTION 34. Section 129B of chapter 140 of the General Laws is hereby amended by striking out clause (9), as most recently amended by section 102 of chapter 46 of the acts of 2003, and inserting in place thereof the following 3 clauses:-
(9) A firearm identification card shall be valid, unless revoked or suspended, for a period of not more than 4 years from the date of issue. A card issued on February 29 shall expire on March 1. The executive director of the criminal history systems board shall send by first class mail to the holder of a firearm identification card, a notice of the expiration of the card not less than 90 days before its expiration, and shall enclose with the notice a form for the renewal of the card. The executive director of the criminal history systems board shall include in the notice all pertinent information about the penalties that may be imposed if the firearm identification card is not renewed within the 90 days before expiration.
(9A) Except as provided in clause (9B), the fee for an application for a firearm identification card shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited in the General Fund; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund.
(9B) The application fee for a firearm identification card issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall be $25, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain 50 per cent of the fee and the remaining portion shall be deposited in the General Fund. There shall be no application fee for the renewal of a firearm identification card issued under this clause.
A firearm identification card issued under this clause shall display, in clear and conspicuous language, that the card shall be valid only for the purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate.
SECTION 35. The definition of "Employer" or "public employer" in section 1 of chapter 150E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following sentence:- In the case of employees of the alcoholic beverage control commission, "employer" shall mean the state treasurer or his designee.
SECTION 36. Section 7 of said chapter 150E, as so appearing, is hereby amended by inserting after the word "sheriff", in lines 8 and 22, the following words:- , the alcoholic beverage control commission.
SECTION 37. The first paragraph of section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences:- In any work week in which an employee of a retail business is employed on a Sunday or certain holidays at a rate of one and one-half times the regular rate of compensation at which he is employed as provided in chapter 136, the hours so worked on Sunday or certain holidays shall be excluded from the calculation of overtime pay as required by this section, unless a collectively bargained labor agreement provides otherwise. Except as otherwise provided in the second sentence, nothing in this section shall be construed to otherwise limit an employee's right to receive one and one-half times the regular rate of compensation for an employee on Sundays or certain holidays or to limit the voluntary nature of work on Sundays or certain holidays, as provided for in said chapter 136.
SECTION 38. Section 105A of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words "one thousand dollars" and inserting in place thereof the following figure:- $50,000.
SECTION 39. Said section 105A of said chapter 164, as so appearing, is hereby further amended by striking out, in line 23, the words "two hundred thousand dollars" and inserting in place thereof the following figure:- $1,000,000.
SECTION 40. The fifth sentence of the first paragraph of subsection (a) of section 24E of chapter 175, as appearing in section 445 of said chapter 26, is hereby amended by striking out the words "are subject" and inserting in place thereof the following words:- may be subject.
SECTION 41. Said fifth sentence of said first paragraph of said subsection (a) of said section 24E of said chapter 175, as appearing in said section 445 of said chapter 26, is hereby further amended by striking out the words "is subject" and inserting in place thereof the following words:- may be subject.
SECTION 42. The first sentence of the second paragraph of said subsection (a) of said section 24E of said chapter 175, as so appearing, is hereby amended by striking out the words ", a beneficiary under a life insurance contract issued in the Commonwealth, or a beneficiary living in the Commonwealth who is designated to receive payment under a life insurance contract issued by a company licensed in the Commonwealth".
SECTION 43. The second sentence of said second paragraph of said subsection (a) of said section 24E of said chapter 175, as so appearing, is hereby amended by striking out the words "subsection (e)" and inserting in place thereof the following words:- subsection (f).
SECTION 44. Said section 24E of said chapter 175, inserted by said section 445 of said chapter 26, is hereby amended by inserting after subsection (b) the following subsection:-
(b 1/2) A company shall not be required under subsection (a) to exchange information with the division of medical assistance and the department of transitional assistance regarding payments to a third party where there is documentation showing that the third party has provided or agreed to provide the claimant with a benefit or service related to the claim including, but not limited to, the services of an attorney or a physician or payments for damage to or loss of real or personal property. Nothing herein shall subordinate the rights of the division of medical assistance under section 22 of chapter 118E and the department of transitional assistance under section 5G of chapter 18 to other third parties.
SECTION 45. The third sentence of subsection (c) of said section 24E of said chapter 175, as appearing in said section 445 of said chapter 26, is hereby amended by striking out the word "agency" and inserting in place thereof the following words:- division of medical assistance or the department of transitional assistance.
SECTION 46. Subsection (d) of said section 24E of said chapter 175, as so appearing, is hereby amended by striking out the word "agency" each time it appears, and inserting in place thereof the following words:- Title IV-D agency.
SECTION 47. Subsection (e) of said section 24E of said chapter 175, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Information provided by the division of medical assistance and the department of transitional assistance to a company under this section may only be used for the purpose of assisting the division or the department in collecting public assistance benefits.
SECTION 48. The second sentence of said subsection (e) of said section 24E of said chapter 175, as so appearing, is hereby amended by striking out the word "agency" and inserting in place thereof the following words:- division or department.
Governor vetoed section 49SECTION
49. The first paragraph of section 17J of chapter 180 of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting
after the first sentence the following 3 sentences:- Deductions in an amount
determined by the employee and in compliance with applicable law may also be
made for any committee on political education designated by the employee
pursuant to this section. The approval of the comptroller shall not be required
for such deductions. All deductions pursuant to this section shall be made
without charge to any person or entity.
SECTION 50. Said section 1 of said chapter 218, as amended by section 1 of chapter 45 of the acts of 2003, is hereby further amended by striking out, under the caption of "Middlesex," the seventh paragraph and inserting in place thereof the following paragraph:-
The first district court of southern Middlesex, held at Framingham; Framingham, Ashland, Holliston, Sudbury, Wayland and Hopkinton.
SECTION 51. Said section 1 of said chapter 218, as amended by said section 1 of said chapter 45, is hereby further amended by striking out, under the caption "Middlesex", the tenth paragraph and inserting in place thereof the following paragraph:-
The district court of Natick, held at Natick, Natick and Sherborn.
SECTION 52. The second paragraph of section 18 of chapter 773 of the acts of 1960, as appearing in section 15 of chapter 319 of the acts of 1998, is hereby further amended by inserting after the word "for", in line 4, the first time it appears, the following words:- certain projects at the Amherst campus designated by the president of the university and the chancellor of the Amherst campus pursuant to a two year pilot program for projects initiated in the 2004 and 2005 calendar years, and.
SECTION 53. Section 2 of chapter 405 of the acts of 1984 is hereby amended by striking out, in lines 6 and 7, the words "three hundred and twelve of the acts of nineteen hundred and eighty-two" and inserting in place thereof the following words:- 40J of the General Laws or a limited liability company or other affiliate established by the corporation.
SECTION 54. Said section 2 of said chapter 405 is hereby further amended, by inserting after the word "Center", in line 8, the following words:- , or for residential, commercial, residential treatment, rehabilitation and educational purposes, or for such other purposes as are not inconsistent with said chapter 40J.
SECTION 55. Section 3 of said chapter 405 is hereby amended by striking out, in lines 5 to 7, inclusive, the words "said chapter three hundred and twelve of the acts of nineteen hundred and eighty-two" and inserting in place thereof the following words:- chapter 40J of the General Laws.
SECTION 56. Section 4 of said chapter 405 is hereby amended by adding the following 3 sentences:- The first sentence shall only apply to that portion of the site that was transferred to the corporation before to July 17, 2003, consisting of that portion of the site transferred by a deed from the division dated January 10, 1986, and recorded in the Worcester county registry of deeds in book 9225, page 159, and any easements acquired by the corporation at any time thereafter. The corporation's existing title to, interests in and use of the site and easements thereon are hereby confirmed. Nothing in this act shall alter, interfere with or otherwise affect the corporation's title to, interest in and use of the site and easements thereon acquired by the corporation before July 17, 2003.
SECTION 57. Said chapter 405 is hereby further amended by adding the following section:-
Section 6. Said corporation or its affiliate may transfer all or a portion of those parcels designated as parcels B, C, D, G and J, as generally defined and described in sections 2, 3, 4, 7 and 10 of chapter 660 of the acts of 1987 and any appurtenant rights thereto and as may be transferred by the division to the corporation or its affiliate, to the Massachusetts Development Finance Agency, a public instrumentality created under chapter 23G of the General Laws, or to said agency's affiliate, provided that the corporation may retain an easement upon parcel C for the purpose of maintaining a buffer zone by preserving a line of mature trees proximate to the existing boundary of the property owned by the corporation. If any interest in the title to all or any portion of such parcels is transferred by said corporation or its affiliate to the Massachusetts Development Finance Agency or its affiliate, under terms agreed upon by said agency and the commonwealth, not less than 50 per cent of the net proceeds from a subsequent sale or ground lease of any portion of the site by such agency or its affiliate shall be transmitted to the treasurer for deposit into the Stabilization Fund.
SECTION 58. The first sentence of the first paragraph of section 9 of chapter 660 of the acts of 1987 is hereby amended by inserting after the word "programs", in line 8, the following words:- , to an individual or entity for residential or commercial purposes, or for such other purposes as are not inconsistent with chapter 40J of the General Laws.
SECTION 59. Section 10 of said chapter 660 is hereby amended by inserting after the word "purposes", in line 8, the following words:- , to an individual or entity for residential or commercial purposes, or for such other purposes as are not inconsistent with said chapter 40J.
SECTION 60. Section 15 of said chapter 660 is hereby amended by adding the following sentence:- The master plan and any land disposition instrument affecting the parcels described in section 9 and 10 existing as of July 17, 2003, except any land disposition instruments involving the Massachusetts Technology Park Corporation existing as of July 17, 2003, may be amended to carry out the purposes of this act and chapter 405 of the acts of 1984.
SECTION 61. Chapter 150 of the acts of 1996 is hereby repealed.
SECTION 61A. All monies held in the Beautification Fund of the town of Braintree on the effective date of this act shall be transferred to the stabilization fund of said town.
Governor vetoed section 62, 63, 64, 65, 66 and
67SECTION 62. Item 8700-7997 of section 2 of chapter
289 of the acts of 1998, as amended by section 19 of chapter 245 of the acts of
2002, is hereby further amended by striking out the words "For improvements to
the Newburyport Armory" and inserting in place thereof the following words:- For
improvements in the city of Newburyport.
SECTION 63. Said item 8700-7997 of said section 2 of said
chapter 289, as so amended, is hereby further amended by striking out the words
"on the Newburyport Armory site".
SECTION 64. Item 6033-9917 of section 2B of chapter 235 of the acts
of 2000, as most recently amended by section 21 of chapter 246 of the acts of
2002, is hereby further amended by adding the following words:- ; provided
further, that $150,000 shall be expended for improvements, repairs and repaving
of the road that extends from Andover street at the intersection of Violet road,
to the intersection of Gardner street and Margin street in the city of Peabody;
and provided further, that not less than $20,000 shall be expended for the
removal of the pedestrian overpass at the Massachusetts Bay Transportation
Authority Oak Grove Station.
The Governor's veto was overridden by the Legislature
SECTION 65. Said item 6033-9917 of said section 2B of said
chapter 235 of the acts of 2000, as amended by section 21 of chapter 246 of the
acts of 2002, is hereby further amended by inserting after the words "B & M
railroad in the town of Montague" the following words:- ; provided further, that
funds shall be expended for the construction of sound barriers in the towns of
Billerica and Lexington as follows: in the town of Billerica on the northerly
side of Route 3 from a point 500 yards south of the Eliot Street bridge and
extending 700 yards north of the Eliot Street bridge on the Northerly side of
Route 3; provided, further, that said barriers in the town of Lexington shall be
from the off-ramp from Route 3 accessing Route 128 south and extending to the
Grove Street Bridge; provided, further, that funds shall be expended for the
construction of sound barriers at designated Area Number 21, Waterford Place in
Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by
HMMH Report Number 298280 as prepared for said document.
SECTION 66. Said item 6033-9917 of said section 2B of said chapter
235, as most recently amended by section 19 of said chapter 246, is hereby
further amended by striking out the words "$750,000 shall be expended for the
extension of Malburn street" and inserting in place thereof the following:-
$870,000 shall be expended for the extension of Malburn street.
Overridden by the Legislature
SECTION 68. The last sentence of section 238 of said chapter 184 is hereby amended by striking out the words "December 30, 2002" and inserting in place thereof the following words:- December 31, 2003.
Governor vetoed sections 69, 70 and 71
The Governor's veto was overridden by the Legislature
SECTION 69. Item 2000-2017 in section 2 of chapter 236 of
the acts of 2002 is hereby amended by inserting after the word "Bernardston" the
following words:- ; provided further, that not less than $175,000 shall be
expended for a grant to the town of Braintree for a lake bottom drawdown on
Sunset lake in the town and for a resanding of the C. Murray Smith Beach in the
town.
The Governor's veto was overridden by the Legislature
SECTION 70. Item 2200-2015 of said section 2 of said chapter 236
is hereby amended by adding the following words:- ; and provided further, that
not less than $7,400,000 shall be expended to ensure that all needed
environmental remediation and related work is performed and that all
contamination is eliminated from the property located in the town of Norfolk as
identified in chapter 519 of the acts of 1980 and formerly known as the
Department of Public Health Hospital, Pondville Hospital, pursuant to section
679 of chapter 26 of the acts of 2003.
SECTION 71. Item 6033-9015 of section 2 of chapter 246 of the acts
of 2002 is hereby amended by inserting after the words "allocated for" the
following words:- land acquisition and relocation costs and.
SECTION 72. The third paragraph of section 44 of said chapter 246 is hereby further amended by striking out the words "January 1, 2003" and inserting in place thereof the following words:- December 31, 2003.
SECTION 73. The last paragraph of section 52 of chapter 300 of the acts of 2002 is hereby amended by striking out the words "June 30, 2003" and inserting in place thereof the following words:- April 3, 2004.
SECTION 74. Item 0320-1518 of section 2 of chapter 26 of the acts of 2003 is hereby amended by striking out the words "; provided however, that said revenues credited to this account shall only be those revenues in excess of the amounts for said fees collected in fiscal year 2003 as calculated on a monthly basis".
SECTION 75. Item 0330-3333 of said section 2 of said chapter 26 is hereby amended by inserting after the figure "4C" the following figure:- , 39.
SECTION 76. Item 0330-3334 of said section 2 of said chapter 26 is hereby amended by inserting after the words "district court department" the following words:- and the Boston municipal court department.
Governor vetoed sections 77 and 78
Section 77 overridden by the Legislature
SECTION 77. Item 0640-0300 of said section 2 of said chapter 26 is hereby
amended by inserting after the words "the organization's endowment" the following
words:- ; provided further, that $300,000 shall be expended for From the Top,
INC., a Boston-based multimedia and education project.
Section 78 overridden by the Legislature
SECTION 78. Item 0710-0000 of said section 2 of said chapter 26 is hereby
amended by adding the following words:- ; and provided further, that not less
than $57,250 shall be expended for the position of executive director of the
central artery/third harbor tunnel project oversight coordination commission,
as established in section 2B of chapter 205 of the acts of 1996, such that the
position may continue to provide administrative and investigative functions
to said commission in a manner that is consistent with the provisions of said
section 2B.
SECTION 79. Item 1108-5100 of said section 2 of said chapter 26 is hereby amended by adding the following words:- ; and provided further, that the commission shall issue, at the request of the beneficiary, a separate identification number for enrollment and benefit purposes instead of the social security number.
Governor vetoed sections 80 and 81
The Governor's veto was overridden by the Legislature
SECTION 80. Item 1108-5200 of said section 2 of said chapter 26
is hereby amended by striking out the words "July 1, 2002" and inserting in
place thereof the following words:- July 1, 2003.
The Governor's veto was overridden by the Legislature
SECTION 81. Said item 1108-5200 of section 2 of chapter 26
of the acts of 2003 is hereby amended by inserting after the words "such
premiums and rates;" in line 55, the following words:- provided further,
notwithstanding the provisions of this item or any general or special law to the
contrary, the authority's share of such premiums for employees of the
Massachusetts Bay Transportation Authority, for any bargaining unit working
without a contract, shall remain in force and effect until the effective date of
any subsequent agreement.
SECTION 82. Item 1410-0010 of said section 2 of said chapter 26 is hereby amended by adding the following words:- ; provided further, that $10,000 shall be obligated for a contract with the Korean War Veterans Committee of Massachusetts for the purpose of maintaining the Massachusetts Korean war memorial located in the shipyard park of the Charlestown navy yard; and provided further, that $10,000 shall be obligated for the purpose of maintaining the Vietnam Veterans War memorial located in the Green Hill park in the city of Worcester.
SECTION 83. Item 2330-0100 of said section 2 of said chapter 26 is hereby amended by striking out the words "provided further, that the Newburyport shellfish purification plant shall generate not less than $115,000 from purification fees; and provided further, that the department shall increase any existing shellfish rack and digger license fees that have not been modified more recently than fiscal year 1989" and inserting in place thereof the following words:- ; provided further, that not less than $333,000 shall be expended for the operation of the Newburyport shellfish purification plant and that plant shall generate not less than $115,000 from purification fees; and provided further, that the department shall increase any existing shellfish rack and digger license fees that have not been modified more recently than fiscal year 1989; and provided further that all funds raised from these fees shall go directly to the Newburyport shellfish purification plant;.
Governor vetoed sections 84 and
85SECTION 84. Said section 2 of said chapter 26 is
hereby further amended by striking out item 4000-0100 and inserting in place
thereof the following item:-
4000-0100For the operation of the executive office, including the operation of the managed care oversight board; provided, that the executive office shall provide technical and administrative assistance to agencies under the purview of the secretariat receiving federal funds; provided further, that the executive office shall monitor the expenditures and completion timetables for systems development projects and enhancements undertaken by all agencies under the purview of the secretariat, and shall ensure that all measures are taken to make such systems compatible with one another for enhanced interagency interaction; provided further, that the executive office shall continue to develop and implement the common client identifier; provided further, that the executive office shall ensure that any collaborative assessments for children receiving services from multiple agencies within the secretariat shall be performed within existing resources; provided further, that not less than $380,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs to provide grants to boys and girls clubs of Massachusetts; provided further, that not less than $40,000 shall be expended for the public partnership program between the town of Saugus and the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA; provided further, that not less than $80,000 shall be expended for the young parents programs of the Newton Community Service Centers, Inc.; provided further, that $75,000 shall be expended for the Five-A program in Springfield; provided further, that $100,000 shall be undertaken for studies pursuant to section 668 of this act and other studies undertaken for the purposes of successfully implementing the reorganization of health and human services; and provided further, that the executive office of health and human services and its agencies, when contracting for services on the islands of Martha's Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, and housing on the islands ............................................................................ $2,483,812
The Governor's veto was overridden by the Legislature
SECTION 85. Item 4000-0600 of said section 2 of said chapter 26
is hereby amended by adding the following words:- and provided further, that
notwithstanding any general or special law to the contrary, for any nursing home
that provides kosher food to its residents, the division of medical assistance,
in consultation with the division of health care finance and policy, is directed
to approve a special innovative program, and the division of health care finance
and policy, in recognition of the unique special innovative program status
granted by the division of medical assistance, shall, for any nursing home that
provides kosher food to its residents, establish up to a $5 per day increase to
the standard payment rates to reflect the high dietary costs incurred in
providing kosher food.
SECTION 86. Item 4190-0100 of said section 2 of said chapter 26 is hereby amended by striking out the words "only when the veteran has no access to other drug insurance coverage".
Governor vetoed sections 87, 88, 89, 90 and 91
Section 87 overridden by the Legislature
SECTION 87. Item 4512-0200 of said section 2 of said chapter 26 is hereby
amended by striking out the words "funds shall be expended for Latinos y Ninos"
and inserting in place thereof the following words:- not less than $99,925 shall
be expended for Latinos y Ninos to address the needs of Latino women in recovery.
Section 88 overridden by the Legislature
SECTION 88. Said item 4512-0200 of said section 2 of said chapter 26 is
hereby further amended by inserting after the words "Casa Dominicana" the following
words:- ; provided further, that not less than $320,000 shall be expended for
a contract with the Gavin Foundation to provide a total immersion program in
conjunction with the probation department of the South Boston division of the
district court department of the trial court and other district courts; provided
further, that $99,000 shall be expended for Self Esteem Boston;.
Section 89 overridden by the Legislature
SECTION 89. Item 4800-0038 of said section 2 of said chapter 26 is hereby
amended by adding the following words:- ; provided further, that not less than
$200,000 shall be provided to support the family center component of the Greater
Lowell Family Resource Center; and provided further that, not less than $300,000
shall be provided to Summerhill House in Norwood.
SECTION 90. Said item 4800-0038 of said section 2 of said chapter
26 is hereby further amended by striking out the words "and provided further,
that not more than $295,000 shall be expended for a contract with Massachusetts
Families for Kids" and inserting in place thereof the following words:- and
provided further, that $450,000 shall be expended for a contract with
Massachusetts Families for Kids.
SECTION 91. Item 4800-1400 of said section 2 of said chapter 26 is
hereby amended by adding the following words:- ; provided further, that not less
than $50,000 shall be expended for the On The Rise shelter for homeless women in
the city of Cambridge; and provided further, that not less than $10,000 shall be
expended for the Melrose Alliance Against Violence.
SECTION 92. Item 7100-0200 of section 2 of said chapter 26 is hereby amended by striking out the words "and provided further, that no funds appropriated herein may be used for the issuance and/or renewal of identification cards to plan participants or covered individuals which display the participants' or individuals' social security number" and inserting in place thereof the following words:- and provided further, that no funds appropriated in this item shall be used for the issuance or renewal of student or employee identification cards which display a student or employee's social security number.
Governor vetoed section 93SECTION
93. Said item 7100-0200 of said section 2 of said chapter 26 is
hereby further amended by inserting after the words "at Lowell" the following
words:- ; provided further, that funds shall be made available for the purposes
of the William Joiner Center and for the Mauricio Gaston Institute of Latino
Community Development and Public Policy.
SECTION 94. Said section 2 of said chapter 26 is hereby further amended by striking out item 8200-0222 and inserting in place thereof the following item:-
- 8200-0222
- The criminal justice training council may collect and expend an amount not to exceed $1,202,500 for the purposes of providing training to new recruits; provided, that the council shall charge $2,300 per recruit for training; provided further, that notwithstanding any general or special law to the contrary, the criminal justice training council shall charge a fee of $2,300 per person for training programs operated by the council for all persons who begin training on or after July 1, 2003; provided further, that the fee shall be retained and expended by the council; provided further, that the trainee or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the council not later than the first day of orientation for the program in which the trainee or recruit has enrolled; provided further, that no recruit or person shall begin training unless the municipality or person has paid the fee in full to the council; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit's wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the council shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: if a recruit withdraws from the program before the start of week 2, 75 per cent of the payment shall be refunded; if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from said program shall pay the municipality in which he was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that no expenditures shall be charged to this item that are not directly related to new recruit training; provided further, that no expenditures shall be charged to this item that are related to chief, veteran, in-service or reserve training or any training not directly related to new recruits; provided further, that the council shall submit a report on the status of recruit training, including the number of classes, start and end dates of each class, total number of recruits enrolled and graduating in each class, cost per recruit and cost per class for fiscal years 2001, 2002, 2003 and 2004; provided further, that the report shall be submitted to the house and senate committees on ways and means not later than January 1, 2004; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the council may incur expenses and the comptroller may certify for payments not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued ................. $1,202,500
Governor vetoed sections 95 and
96SECTION 95. Item 8900-0001 of said section 2 of said
chapter 26 is hereby further amended by inserting after the words "Cedar
Junction" the following words:- ; provided further, that $200,000 shall be
provided for the Aid to Incarcerated Mothers organization.
SECTION 96. Item 9110-0100 of section 2 of said chapter 26
is hereby amended by adding the following words:- ; provided further, that the
executive office shall expend not less than $37,000 for the elder advocacy
organization known as the silver-haired legislature to have use of office space,
office equipment, supplies, copy machines, telephones and postage.
SECTION 97. Item 9700-0000 of said section 2 of said chapter 26 is hereby amended by adding the following words:- ; provided, however, that notwithstanding the provisions of any general or special law to the contrary, the funds appropriated herein for the purposes of expenses related to the provision of joint information technology shall be available for expenditure until June 30, 2005.
SECTION 98. Section 2B of said chapter 26 is hereby amended by striking out item 1750-0101 and inserting in place thereof the following item:-
- 1750-0101
- For the cost of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the human resources division may collect a $75 administrative fee from vendors who submit proposals in response to requests for proposals for the commonwealth master service agreement for specialized training and consultation services at the time of proposal submission; provided further, that any vendor who fails to deliver the appropriate administrative fee with its submission shall be deemed nonresponsive and its proposal shall not be considered for contract award; provided further, that the division shall charge to other items for the cost of participants enrolled in programs sponsored by the division or to state agencies employing such participants; provided further, that the division may collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth's performance recognition programs and to expend such fees for goods and services rendered in the administration of these programs; and provided further, that the division may charge and collect from participating state agencies a fee sufficient to cover administrative costs and expend such fees for goods and services rendered in the administration of information technology services related to the human resources compensation management system program ............................................................................ $1,528,000
SECTION 99. Said section 2B of said chapter 26 is hereby further amended by striking out item 1790-0200 and inserting in place thereof the following item:-
- 1790-0200
- For the cost of computer resources and services provided by the information technology division in accordance with the policies, procedures and rates approved by the secretary for administration and finance, including the purchase, lease or rental of telecommunications lines, services and equipment, that are centrally billed to the commonwealth; provided, that the secretary shall charge other items for the cost of the resources and services; provided further, that notwithstanding any general or special law to the contrary, charges for the cost of computer resources and services provided by the bureau of computer services for the design, development and production of reports and information required for the analysis and development of appropriations bills shall not be charged to any item of the house of representatives, the senate or a joint legislative account in fiscal year 2003; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing each agency's charges and payments for the preceding quarter for the preceding quarter for this item; and provided further, that the secretary for administration and finance may establish regulations, procedures and a schedule of fees to further implement this item including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel ............................................................................................................... $27,317,810
Governor vetoed section 100SECTION
100. Section 545 of said chapter 26 is hereby amended by inserting
after the words "to cover said" the following words:- all project related costs,
all payroll costs and all.
SECTION 101. Section 595 of said chapter 26 is hereby amended by striking out the word "November 1, 2003" and inserting in place thereof the following word:- July 1, 2004.
SECTION 102. The last sentence of section 599 of said chapter 26 is hereby amended by striking out the word "December 15, 2003" and inserting in place thereof the following word:- April 1, 2004.
SECTION 103. Section 607 of said chapter 26 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The working group shall submit preliminary recommendations to the joint committee on education, arts and humanities on or before December 12, 2003.
SECTION 104. The introductory paragraph of subsection (B) of section 614 of said chapter 26, as amended by section 2 of chapter 67 of the acts of 2003, is hereby further amended by striking out the words "but be limited to" and inserting in place thereof the following words:- but not be limited to.
SECTION 105. Section 617 of said chapter 26 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
In developing the program, the secretary shall consult with a working group consisting of an association that represents a majority of the hospitals in the state, and representatives of individual hospitals, including the 5 disproportionate share hospitals providing the greatest amount of free care, community health centers, health maintenance organizations, consumer and patient advocates, employer organizations, relevant policy experts, and shall examine: (1) the definitions of critical access services, free care, emergency medical condition and emergency services as defined in this act and use the free care audits produced by an independent auditor to determine which services are currently being covered by the pool and what services should be covered by the pool as part of the new program; and (2) the impact of Medicaid rates paid to disproportionate share hospitals and its relationship to said hospitals' demand for payments from the uncompensated care pool.
SECTION 106. Section 620 of said chapter 26 is hereby amended by striking out clause (8) and inserting in place thereof the following clause:-
(8) $1,500,000 for nonrecurring payments to a financially distressed visiting nurse association located in Boston and organized as a not-for-profit entity that: (1) in 2001, delivered more than 30 per cent of all MassHealth reimbursed skilled nursing visits in Suffolk county and more than 50 per cent of all MassHealth reimbursed home health aide services in Suffolk county; (2) in the determination of the division of medical assistance, provides services that are essential to ensure access to home health services for MassHealth members; and (3) has experienced an operating deficit during the last 2 fiscal years; provided, however, that in order to receive such payments, a provider shall: (a) submit to the division of medical assistance an updated business plan that details strategic steps to be taken over a 3-year period to enhance the long-term financial viability of the business; (b) qualify specific performance measures and provide the division of medical assistance with quarterly reports on those measures; (c) submit updated quarterly financial statements to the division of medical assistance; and (d) document and submit to the division of medical assistance fundraising initiatives and strategies to compliment any nonrecurring payment received pursuant to this clause.
SECTION 107. Section 649 of said chapter 26 is hereby amended by striking out the figure "8910-1000" and inserting in place thereof the following figure:- 8910-0000.
SECTION 108. Section 650 of said chapter 26 is hereby amended by adding the following sentence:- Notwithstanding the foregoing, the inspection fee for residential elevators and wheelchair lifts that are determined to be medically necessary pursuant to notice from a licensed physician, and approved by the board of elevator regulations, shall be $100 per inspection and the overtime elevator inspection fee shall be $100 per inspection.
SECTION 109. Section 663 of said chapter 26 is hereby amended by striking the figure "$32,000,000" and inserting in place thereof the following figure:- $340,200,000.
Governor vetoed section 110
Section 110 overridden by the Legislature
SECTION 110. Section 703 of said chapter 26 is hereby amended by striking
out the words "the effective date of this act" and inserting in place thereof
the following words:- July 1, 2004.
SECTION 111. Said chapter 26 is hereby further amended by inserting after section 710 the following section:-
Section 710A. Section 165 shall take effect on July 1, 2004.
Governor vetoed sections 112 and
113SECTION 112. Said chapter 26 is hereby further
amended by inserting after section 713 the following section:-
Section 713A. Sections 497 and 502 shall expire on October 1, 2004.
SECTION 113. Subsection (4) of section 1 of chapter 42 of the acts
of 2003 is hereby amended by adding the following words:- and to the extent that
an annual amount of $17 million in this subsection is not fully allocated the
division shall first fund capital rate adjustments for nursing homes in urban or
geographically remote under-bedded areas.
SECTION 114. The second paragraph of paragraph (1) of subsection (a) of section 116 of chapter 46 of the acts of 2003 is hereby amended by striking out the word "and" and inserting in place thereof the following word:- or.
SECTION 115. Said chapter 46 is hereby further amended by striking out section 136 and inserting in place thereof the following section:-
Section 136 . The committee on state administration shall study and make recommendations for changes to the procurement thresholds as defined in chapter 30B of the General Laws and any other aspects of existing law and regulations to assist municipalities. The committee shall file recommendations for changes, if any, with the house and senate clerks by March 31, 2004.
Governor vetoed section 116SECTION
116. Notwithstanding any general or special law, rule or regulation
to the contrary, the executive office of health and human services, in
conjunction with the office of elders services, department of public health,
division of medical assistance and division of health care finance and policy
shall convene a task force, which shall develop a critical nursing facility
capital access plan for the purpose of ensuring necessary physical plan
maintenance as an integral part of quality nursing home care. The task force
shall also include representatives from the nursing home industry, including
from the Massachusetts Extended Care Federation and Massachusetts Aging Services
Coalition. In developing its plan, the task force shall identify and compile
pertinent information, including, but not limited to the following:
(1) the age of each nursing facility, specifying the date of initial
licensure approved by the department of public health;
(2) the adequacy of the current Medicaid nursing facility capital
reimbursement method to ensure that necessary physical plant maintenance is
executed to ensure that residents receive treatment in facilities that meet the
licensure requirements of the department of public health, and examine the
capital reimbursement method's effect on nursing facility replacement and
renovation projects which have received department of public health
determination of need approval;
(3) the number of nursing facility replacement and renovation projects
which have received department of public health determination of need approval
since 1995;
(4) the total capital expenditure approved by the department for each
nursing facility replacement and renovation project in each year and in each
city or town;
(5) whether each approved project constitutes total replacement or
renovation;
(6) the construction status of each approved project as of December 1,
2003; and
(7) the supply and demand projections of nursing facility utilization by
geographic region, with particular attention given to urban areas.
The task force shall submit its plan to the general court by April 1,
2004. The plan shall include recommendations for regulatory and statutory
changes needed in order to implement the plan.
SECTION 117. Notwithstanding any special or general law to the contrary, the secretary of health and human services shall develop a plan and take whatever steps may be necessary to adjust payments made to community health centers under the uncompensated care pool in such a manner as to make said payments eligible for federal financial participation, to the extent permitted under Title XIX of the federal Social Security Act; provided that, any federal revenue generated and collected pursuant to this section shall be deposited into the uncompensated care pool and made available for community health center care costs relative to services provided to low-income, uninsured or MassHealth eligible patients.
SECTION 118. Notwithstanding any general or special law to the contrary, the board of higher education shall establish a 2 year pilot program for fiscal years 2005 and 2006 for out-of-state tuition retention at the Massachusetts College of Liberal Arts. The board shall calculate the total tuition collected by the college in fiscal year 2004 from out-of-state students and shall promulgate regulations to permit said college to retain all out-of-state tuition in excess of 103 per cent of the fiscal year 2004 out-of-state amount; provided, however, that the regulations shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention. The board shall issue a report on the progress of the initiative not later than December 1, 2005 to the house and senate chairs of the joint committee on education, arts and humanities, and the chairs of the house and senate ways and means committees. The report shall include the number of out-of-state students attending the college, the amount of tuition retained under the program and the programs or initiatives funded with the retained revenue.
SECTION 119. Notwithstanding any general or special law to the contrary, the board of education shall take such action as necessary including, as appropriate, promulgating emergency regulations to modify the process governing the Massachusetts Comprehensive Assessment System, hereinafter referred to as "MCAS", performance appeals established by 603 CMR 30.05 for children with disabilities as defined by chapter 71B of the General Laws and section 504 of the Rehabilitation Act of 1973, 29 USC 794, and regulations promulgated thereunder, including children with disabilities subject to the MCAS graduation requirement in 2003. The performance appeals process shall provide that any child with a disability shall be eligible for an MCAS appeal if the following criteria are met:- (a) the child has taken the grade 10 MCAS at least 3 times in each subject area required by the board of education for the competency determination and did not achieve a passing score or submitted a portfolio assessment through the MCAS Alternative Assessment at least 2 times without being granted a competency determination; (b) the child has maintained an adequate attendance level as established by the department of education or the child's days of absences from school in excess of the number allowed by the department are excused; (c) the child has demonstrated participation in academic support services made available and accessible by or approved by the school district under an individual student success plan or under any other plan designed to strengthen the student's knowledge and skills in the subjects at issue, or the child's lack of participation in available academic support services has been related to the child's disability. As provided in said regulations, the commissioner may, for good cause, waive any of the eligibility criteria upon the written request of the superintendent.
The regulations shall require that, at the request of the child's parent or guardian or the student who has reached the age of majority, the superintendent of schools or his designee for the school district in which the student is enrolled shall file an appeal on behalf of a child with a disability provided that the student meets the eligibility criteria set forth in the first paragraph. The superintendent may initiate an appeal for a child with a disability with the consent of the parent, guardian or student who has reached the age of majority, if the student meets the eligibility criteria set forth in said first paragraph. The superintendent may submit any written comments or evidence relevant to the appeal. Denial of an earlier appeal shall not prevent a new appeal under this section.
The regulations shall require that the superintendent include in the performance appeal evidence of the child's knowledge and skills in the subject at issue, including: (1) documentation that the child has met the local graduation criteria established by the local school committee; (2) a recommendation from at least 1 of the student's teachers in the area of appeal, assessing the level of the student's knowledge and skills in the subject area at issue; (3) where possible, a meaningful comparison of the student with a group of other students who passed the MCAS in the subject area of the student's appeal. In the event of an inability to identify an appropriate set of students to enable a meaningful comparison with other students, this clause shall be waived and the superintendent may submit a portfolio of the student's work in the area of the appeal, as specified by the commissioner, sufficient to demonstrate whether the student's knowledge and skills meet or exceed the performance level established by the board of education for the competency determination if the portfolio has been maintained by the school district; (4) documentation that the child's individual education plan team, if any, with the approval of a parent or guardian of the child, supports the graduation of the student; (5) any additional information that the student's individual education plan team, if any, with the approval of the student's parent or guardian, requests the superintendent to submit indicating that the child's knowledge and skill in the subject area of the appeal meets or exceeds the performance level established by the board of education for the competency determination and that the child's MCAS scores do not accurately measure the student's abilities; and (6) other supporting information relevant to the determination as to whether the student's knowledge and skills in the subject area of the appeal meet or exceed the performance level established by the board of education for the competency determination, which may include work samples, scores of the child on other standardized tests in the subject area of the appeal, evidence of acceptance to college courses, or other evidence of academic achievement which demonstrates that the child meets the competency determination standard.
Any documentation of an individual education plan team submitted in connection with an MCAS performance appeal shall not constitute a modification of the child's individual education plan under 34 C.F.R. 300.347 and is therefore not appealable to the Bureau of Special Education Appeals pursuant to 34 C.F.R. 300.507(a) or chapter 71B of the General Laws. Nothing herein shall limit or expand a child's rights available under said chapter 71B, IDEA or Section 504 of the Rehabilitation Act of 1973.
The commissioner of education shall grant the appeal for a child with a disability if there is a preponderance of evidence in the documentation provided in clause (1) to (6), inclusive, the first paragraph and any other evidence submitted by the superintendent that the child's knowledge and skills in the subject area of the appeal meet or exceed the performance level established by the board of education for the competency determination. The commissioner shall provide notice of the results of the appeal and, in the case of a denial, written findings, to the student, parents or guardian and superintendent. The commissioner's decision on this appeal shall be final and shall not be subject to further review or appeal to any other entity; except that the regulations shall permit the superintendent to seek reconsideration from the commissioner.
Governor vetoed sections 120 and
121SECTION 120. Notwithstanding any general or special
law, rule or regulation to the contrary, the division of medical assistance may,
on a demonstration basis in the area defined and limited under the federally
funded DOHHS URSA CAP Grant 11-G92-OA 00005-02, provide benefits described in
section 9C of chapter 118E of the General Laws to employees and employers who
are described and limited under the terms of the program set forth in the
demonstration, and may expend monies from any appropriation for benefits
provided under said section 9C of said chapter 118E to also provide benefits
specified in the demonstration expanding the income limits set forth in said
section 9C of said chapter 118E from 200 per cent to 300 per cent of the federal
poverty level if (1) the division seeks to obtain a modification of its
demonstration, as defined in subsection (1) of section 9A of said chapter 118E
that would allow for federal reimbursement for any of the expenditures for
providing the benefits specified in the demonstration; and (2) the
demonstration, without expenditure of monies from any appropriation for benefits
provided under said section 9C of said chapter 118E, also be permitted to offer
health coverage to employees between 300 per cent and 400 per cent of the
federal poverty level. Sections 3 to 8, inclusive, of chapter 176J of the
General Laws and 211 CMR 66.00 shall not apply to health coverage provided by
carriers pursuant to this section.
The Governor's veto was overridden by the Legislature
SECTION 121. Notwithstanding any general or special law to the
contrary, the department of environmental protection shall continue to locate
and operate regional offices in Lakeville, Worcester and Springfield. The
division of capital asset management and maintenance shall take all steps
necessary and appropriate to enforce this section.
SECTION 122. Notwithstanding any general or special law to the contrary, the comptroller shall transfer $251,931 from item 0340-0400 to item 0340-2101 of section 2 of chapter 26 of the acts of 2003 not later than December 1, 2003.
SECTION 123. Notwithstanding any general or special law to the contrary, the comptroller shall transfer from the Stabilization Fund to the General Fund an amount not to exceed $102,527,797 not later than December 1, 2003.
SECTION 124. Notwithstanding section 37 of chapter 62C of the General Laws or any other general or special law to the contrary, the commissioner of revenue shall accept applications for abatement of tax on behalf of employees and former employees of the Massachusetts Technology Park Corporation for tax years 1988 to 1999, inclusive, as such applications relate to taxes paid on amounts contributed to the simplified employee pension premium plan administered by said employer that were incorrectly included in the gross income of said employees. Such applications shall be considered timely if filed with said commissioner on or before June 1, 2004. Any abatement paid pursuant to these applications shall not include payment of interest or of any costs related to the filing of the applications.
Governor vetoed section 125SECTION
125. Notwithstanding any general or special law to the contrary, the
administrative office of the trial court shall continue to maintain and operate
a juvenile court in the city of Worcester, at the Worcester Memorial
Auditorium.
SECTION 125A. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $16,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain publicly-owned or publicly-operated providers including, but not limited to, Cape End Manor, Taunton Nursing Home, Hampshire Care, Our Island Home, the Geriatric Authority of Milford and the Geriatric Authority of Holyoke. The division of medical assistance shall make all reasonable efforts to process any application by a public authority, as herein defined for purposes of subsection N, as appearing on page 12 of attachment 4.19-D(4) of the commonwealth's Title XIX state plan, for approval as a qualifying nursing facility under that plan so that the applying public authority may qualify for the Title XIX payments herein provided during the current fiscal year. The division of medical assistance shall report by April 1, 2004 to the house and senate committees on ways and means concerning applications received from said public authorities, actions that the division has taken to process such applications and timetables for when such actions may receive approval. The payments shall be established in accordance with Title XIX of the Social Security Act or any successor federal statute, any regulations promulgated thereunder, the commonwealth's Title XIX state plan and the terms and conditions of agreements reached with the division for such payments. No funds shall be expended unless a public entity is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws.
Governor vetoed sections 125BSECTION
125B. Notwithstanding any general or special law to the contrary, the
secretary of health and human services shall make reasonable efforts to enable
privately-held long-term skilled nursing facilities that contract with public
health authorities to qualify for matching federal revenue under Title XIX of
the Social Security Act, any regulations promulgated thereunder, the
commonwealth's Title XIX state plan and the terms and conditions of its
agreements with the division of medical assistance.
SECTION 126. Notwithstanding section 57C of chapter 59, or any other general or special law to the contrary, any town with quarterly tax payments that (1) is a member of a regional school district that does not have an approved budget as of November 30, 2003, as provided in section sixteen B of chapter seventy-one, and (2) has not had its fiscal year 2004 tax rate approved, as provided in section twenty-three of chapter fifty-nine, may issue an additional notice of preliminary tax and require payment of a third quarter preliminary tax installment; provided, however, that no such additional notice of preliminary tax may issue unless first approved by the commissioner of revenue; and provided further, that the provisions of section fifty-seven C of chapter fifty-nine regarding procedures for issuing, mailing and collecting any additional notice of preliminary tax requiring a third quarter preliminary tax installment in cities and towns with quarterly tax payments shall be applicable to such notice, including the payment of interest.
SECTION 127. Notwithstanding section 23D of chapter 59 of the General Laws or any other general or special law to the contrary, any town with semi-annual tax payments that (1) is a member of a regional school district that does not have an approved budget as of November 30, 2003, as provided in section 16B of chapter 71, and (2) has not had its fiscal year 2004 tax rate approved, as provided in section 23 of said chapter 59, may issue a notice of preliminary tax and require payment of such a preliminary tax; provided, however, that no such notice of preliminary tax may issue unless first approved by the commissioner of revenue; and provided, further, that the provisions of said section 23D of said chapter 59 regarding procedures for issuing, mailing and collecting any notice of preliminary tax in cities and towns with semi-annual tax payments shall be applicable to such notice, including the payment of interest.
SECTION 128. Notwithstanding any general or special law to the contrary, and taking into account all data available as of January 15, 2004, the commissioner of education shall report to the general court on the fiscal year 2004 implementation of the special education circuit breaker, so-called, established pursuant to section 5A of chapter 71B of the General Laws. The report shall include a comparison of the claims submitted by each district, the claims approved to date for each district, the estimated reimbursement rate for said claims, and the amount awarded each district on the basis of that rate. The report shall be filed with the clerk of the house, the clerk of the senate, the house and senate chairs of the joint committee on education, arts, and humanities, and the chairs of the house and senate ways and means committees not later than January 31, 2004.
Governor vetoed section 129SECTION
129. Notwithstanding any general or special law to the contrary, of
the total amount raised through the issuance of general obligation debt in
fiscal year 2004 the executive office of administration and finance shall expend
$3,793,560 for payments to cities, towns and regional school districts to fund
the difference between the amount appropriated in item 7052-0005 of section 2 of
chapter 26 of the acts of 2003 and the amount necessary to fully fund the
purposes of said item.
SECTION 130. Notwithstanding any general or special law to the contrary, not less than $1,500,000 shall be made available, in each year for fiscal year 2004 and 2005, from any of the resources available to the department of workforce development for a grant program to be administered by the department for the purpose of awarding a grant to companies that newly locate their corporate headquarters and principal executive offices within the commonwealth by December 31, 2005, to be used by the companies for workforce training and development purposes. Under the program, a company shall be eligible to receive a grant only on the condition that the department receives a written statement from the president or chief executive officer of the company, signed under the pains and penalties of perjury, that the company will locate its corporate headquarters and principal executive offices within the commonwealth by December 31, 2005. The department shall issue further criteria for the award of the grant, including, but not limited to, criteria related to the number of workers to be employed and trained by the company within the commonwealth and the length of time by which the company will retain its corporate headquarters and principal executive offices within the commonwealth. The director of workforce development shall have sole discretion to award and distribute grants under the program.
Governor vetoed section 131SECTION
131. Notwithstanding any general or special law to the contrary, the
department of telecommunications and energy shall conduct a study addressing the
safety of the public with regard to gas companies subject to chapter 164 of the
General Laws. The study shall include, but not be limited to, an evaluation of
the safety of pipeline facilities and the transportation of gas, the quality of
service provided by gas companies, including the adequacy of response times to
customer complaints of suspected leaks and emergencies and the adequacy of
staffing levels and the safety of the gas companies' transmission and
distribution system. The department shall file its report, along with its
recommendations for any regulatory or legislative action, with the house and
senate clerks, the house and senate committees on ways and means, government
regulations and energy and the attorney general before June 1, 2004. Any costs
associated with this study shall be assessed by the department on the gas
companies that are subject of the study.
SECTION 132. Notwithstanding any general or special law to the contrary, during hospital fiscal year 2004 and including the accounts payable period for that fiscal year, the division of medical assistance may expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $590,000,000 for a program of MassHealth supplemental payments to certain publicly operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers as established in accordance with Title XIX of the Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law, and the Medicaid state plan. The funds may be expended only for payment obligations arising during hospital fiscal year 2004. Such expenditures shall reduce payments from the Uncompensated Care Trust Fund to such entities by an amount comparable to the net revenues received by such entities under this section. The division of medical assistance shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement. All expenditures made pursuant to this section shall be reported quarterly to the house and senate committees on ways and means. Amounts so authorized for said expenditure shall be funded in part through intergovernmental transfers of municipal or other non-federal public funds to the commonwealth. The Boston public health commission and the Cambridge public health commission shall transfer to said medical assistance intergovernmental transfer account an amount not less than 55 per cent of the gross amounts of supplemental payments made by the division of medical assistance under managed care contracts with the commissions; provided that, an amount equal to not more than 5 per cent of the gross amounts of supplemental payments made by the division of medical assistance shall be transferred from said medical assistance intergovernmental transfer account to the Essential Community Provider Expendable Trust Fund, established by section 133 of this act.
SECTION 133. There is hereby established the Essential Community Provider Expendable Trust Fund, which shall be administered by the secretary of health and human services. Expenditures from said fund shall be subject to appropriation. The purpose of said fund shall be to provide financial support to community health centers, community health center-based managed care organizations, and other essential community providers that serve populations in need of community-based care, clinical support, care coordination services, pharmacy management services or other special needs for continuing community care including, but not limited to, those populations that are chronically ill, elderly, or disabled. The secretary of health and human services shall develop regulations governing the necessity and recommended uses of said fund in consultation with the Massachusetts League of Community Health Centers, the Massachusetts Hospital Association and representatives of other community providers. Notwithstanding any general or special law to the contrary, said secretary shall make available from said fund $3,000,000 in a one-time grant for a community health center located in Suffolk county that participates in the MassHealth program, so-called, and operates a 24 hour urgent care facility and a 340B outpatient pharmacy program, so-called; $4,000,000 in a one-time grant for a hospital in Hampden county with a significant inpatient mental health and methadone program that participates in the MassHealth program, so-called; $790,000 in a one-time grant for a sole community hospital under the Medicare program located in Barnstable county; $790,000 in a one-time grant for a teaching hospital located in central Berkshire county; $4,000,000 in a one-time grant for a disproportionate share financially distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit that participates in the MassHealth program, so-called; $1,000,000 for a disproportionate share teaching hospital located in Hampden county; and $950,000 in a one-time grant for a disproportionate share acute care hospital located in the Southeastern Massachusetts division of medical assistance psychiatric service area that operates inpatient psychiatric units. Said secretary shall file a report not later than January 1, 2004, to the speaker of the house of representatives, the president of the senate, and to the house and senate committees on ways and means delineating any and all initiatives or proposals recommended to be funded, the amount recommended to be expended on each such initiative; the names of each entity recommended to receive funds pursuant to this section and the extent to which such expenditures are eligible for federal reimbursement; provided further, that any federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the fund.
Governor vetoed sections 134 and
135SECTION 134. The department of housing and community
development, in coordination with the executive office of health and human
services, the Citizens Housing and Planning Association, the Massachusetts
Coalition for the Homeless and representatives of local and regional housing
authorities shall conduct a study of the feasibility of developing a statewide
application system and waiting list for all state public housing resources that
would permit application in multiple housing authorities through the submission
of a single application form, while allowing each authority to continue to make
its own eligibility and preference determinations to the extent permitted by
law. The report shall include, but not be limited to, the following: (1) a
review by the executive office of health and human services of all existing
computerized technology systems with the demonstrated capacity to operate a
statewide housing inventory list, a single point of entry application process,
automated waitlist linkage and automated data collection for all appropriate
subsidized, affordable or special needs housing resources operating within the
commonwealth, whether public or privately managed, and whether funded by local,
state or federal funds, while supporting each housing provider's unique
eligibility and preference determinations to the extent permitted by law; (2) a
review of any technology systems that can link the extensive filing, waitlist
and application systems already operating within housing provider offices while
minimizing or avoiding any systems change; (3) analysis of the possibility of or
need for adjusting currently existing computer technology systems that promote a
"silo effect", due to their inability to work outside a particular funding area;
and (4) information on those computer technology systems that could be in
operation by the commencement of fiscal year 2005 or earlier, that cover the
most extensive housing inventory; that can provide the greatest range of
reasonable accommodations, and that would enhance current compliance with the
Americans with Disabilities Act and applicable state and federal fair housing
regulations. The department shall file a report of its findings and
recommendations with the house and senate committees on ways and means and the
joint committee on housing and urban development not later than March 15, 2004.
Overridden by the Legislature
SECTION
135. (a) On or before December 15, 2003, the secretary of the executive
office of health and human services shall report to the house and senate
committees on ways and means on projected enrollment and expenditures under
section 682 of chapter 26 of the acts of 2003. If the secretary reports that
expenditures will be less than $160,000,000 then, on January 1, 2004,
notwithstanding subsection (3) of section 16D of chapter 118E of the General
Laws or any other general or special law to the contrary, a person who is not a
citizen of the United States but who is either a qualified alien within the
meaning of section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 or is otherwise permanently residing in the United
States under color of law shall be eligible to receive benefits under the
MassHealth Essential program if such individual meets the categorical and
financial eligibility requirements for the program of preventive and primary
care for chronically unemployed persons established pursuant to said section 682
of said chapter 26, provided that the individual is either age 65 or older or
age 19 to 64 and disabled; provided, however, that enrollment of said
non-citizens may be limited by the division of medical assistance so as not to
exceed the amount made available; and provided further, that the division shall
have determined that there is adequate funding to enroll 36,000 long term
unemployed individuals under said section 682 and to also enroll said
non-citizens under this section.
(b) The secretary shall notify those elderly and disabled non-citizens who have been denied or terminated from nonemergency MassHealth that they are eligible to apply for Prescription Advantage during the next given enrollment period.
(c) On January 1, 2004, the secretary shall report to the house and senate committees on ways and means on additional costs to the Uncompensated Care Pool and to emergency MassHealth due to the elimination of non-emergency MassHealth coverage to certain non-citizens pursuant to section 322 of said chapter 26.
SECTION 136. Sections 2, 2A, 2B, 3, 4, 15, 16, 27, 28, 29, 30, 31, 32, 33, 35, 36, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 67, 74 to 100, inclusive, 106, 107, 109, 110 to 113, inclusive, 117, 119, 120, 122, and 125A to 129, inclusive shall take effect on July 1, 2003.
SECTION 137. Section 19 shall take effect as of July 31, 2003.
SECTION 138. Section 20 shall take effect on March 1, 2004.
SECTION 139. Section 105 shall take effect on September 5, 2003.
SECTION 140. Section 118 shall take effect on July 1, 2004.
Approved (in part) November 26, 2003.