Bill H.4572

HOUSE DOCKET, NO. 94572 FILED ON: 3/22/2010

HOUSE . . . . . . . . . . . . . . . No. 4572

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act making appropriations for the Fiscal Year 2010 to provide for supplementing certain existing appropriations and for certain other activities and projects..

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

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY

Committee for Public Counsel Services

0321-1510$25,000,000

TREASURER AND RECEIVER-GENERAL

Office of the Treasurer and Receiver-General

0610-0050$250,000

0612-0105$200,000

OFFICE OF THE STATE COMPTROLLER

Office of the State Comptroller

1599-3384$2,500,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Veterans' Services

1410-0400$2,113,000

Division of Medical Assistance

4000-0600$107,107,510

4000-0700$92,829,490

Department of Public Health

4513-1010$2,000,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701$9,500,000

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 in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1027For a reserve for reimbursement to certain employees of the commonwealth for certain increases in health care cost-sharing expenditures $6,821,690

1599-4281 For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth of Massachusetts and the National Association of Government Employees, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means $25,810

1599-4282For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means $1,912,542

1599-4283For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth of Massachusetts and the American Association of Federal, State, County and Municipal Employees, Council 93, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means $21,137

1599-4284For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means $12,788

SECTION 3. Section 178Q of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 23 and 24, the words “by the sex offender registry board and shall be transmitted to the treasurer for deposit into the General Fund”, and inserting in place thereof the following words:- and retained by the sex offender registry board.

SECTION 4. Section 5 of chapter 23I of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) There shall be established a life sciences tax incentive program. The center, in consultation with the department, may annually authorize incentives, including incentives carried forward, refunded or transferred, pursuant to the following: subsection (m) of section 6 of chapter 62, subsection (n) of said section 6 of said chapter 62, paragraph 17 of section 30 of chapter 63, section 31M of said chapter 63, paragraph 6 of subsection (f) of section 38 of said chapter 63, the fourth paragraph of section 38C of said chapter 63, subsection (j) of section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section 38W of said chapter 63, the third paragraph of section 42B of said chapter 63, and subsection (xx) of section 6 of chapter 64H, in a cumulative amount, including the current year cost of incentives allowed in previous years, that shall not exceed $25,000,000 annually. The center may, in consultation with the department, limit any incentive or incentives to a specific dollar amount or time duration, or in any other manner deemed appropriate by the department; provided, however, that the department shall only allocate said incentives among commonwealth certified life sciences companies pursuant to subsection (b) and shall award said tax incentives pursuant to subsection (c).

The center shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to any certified life sciences company unless expressly granted by the secretary of administration and finance in writing.

SECTION 5. Clause 32A of subsection (b) of section 1 of chapter 30B of the General Laws, as appearing in section 41 of chapter 25 of the Acts of 2009, is hereby amended by inserting after the word “professionals” the following words:- except as provided in section 21.

SECTION 6. Section 21 of said chapter 30B of the General Laws, as appearing in section 45 of chapter 25 of the Acts of 2009, is hereby amended by striking out subsections (b) to (j), inclusive, and inserting in place thereof the following 7 subsections:-

(b) For those agencies that prequalify architectural, engineering and related services, the agency shall require firms engaged in the lawful practice of their profession to submit a statement of qualifications and performance data every 2 years to the agency pursuant to the terms and schedule as determined by the agency. Agencies that prequalify have the option of selecting a firm or firms from their prequalified list of firms based on the agency policies and without further publically advertising the selection.

(c) Whenever a public works project requiring architectural, engineering or related professional services is to be advertised by an agency, the agency shall provide no less than 14 days advance notice published in a professional services bulletin or advertised on the official agency website setting forth the public works project and services to be procured. The professional services bulletin shall be made available to each firm that requests the information. The professional services bulletin shall include a description of each public works project and shall state the time and place for an interested firm to submit a statement of qualifications and, if required by the public notice, a letter of interest and technical proposal. If the agency determines that a sole source selection of a qualified firm is in the best interest of the agency, then the public notice provisions of this subsection shall not apply.

(d) An agency shall evaluate the firms submitting statements of qualifications, taking into account qualifications, letters of interest and technical proposals, and the agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm and any other qualifications based on factors that the agency may determine in writing are applicable. The agency may conduct discussions with, and require presentations by, firms deemed to be the most qualified regarding their qualifications, approach to the public works project and ability to furnish the required services. An agency shall not, prior to selecting a firm for negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost or any other measure of compensation.

(e) (1) An agency shall select architects, engineers and related professional firms on the basis of qualifications for the type of professional services required, and on technical proposals, if submitted. An agency may solicit or use pricing policies and proposals or other pricing information to determine consultant compensation only after the agency has selected a firm and initiated negotiations with the selected firm.(2) The procedures that an agency creates for the screening and selection of firms shall be within the sole discretion of the agency and may be adjusted to accommodate the agency’s scope, schedule and budget objectives for a particular public works project. (3) The decision of an agency that has complied with this chapter shall be final and binding.

(f) (1) The agency and the selected firm shall discuss and refine the scope of services for the public works project and shall negotiate conditions including, but not limited to, compensation level and performance schedule based on scope of services. The compensation level paid shall be reasonable and fair to the agency as determined solely by the agency. In making such determination, the agency shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature thereof.(2) If the agency and the selected firm are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, in writing, formally terminate negotiations with the selected firm. The agency shall then negotiate with the second ranked most qualified firm. The negotiation process shall continue in this manner through successive ranked firms until an agreement is reached or the agency terminates the consultant contracting process. (g) This chapter shall not apply to the procurement of architectural, engineering and related professional services by agencies: (i) when an agency determines in writing that it is in the best interest of the agency to proceed with the immediate selection of a firm; (ii) in emergencies when immediate services are necessary to protect the public health and safety; or (iii) when these services are to be provided as part of a design-build project pursuant to sections 14 through 21, inclusive, of chapter 149A of the General Laws.

(h) Each agency shall evaluate the performance of each firm upon completion of a contract. That evaluation shall be made available to the firm which may submit a written response.

SECTION 7. Section 1 of chapter 32 of the General Laws, as amended by sections 1 to 3 of chapter 21 of the acts of 2009, is hereby further amended by striking out the definition of “Commonwealth's pension liability” and inserting in place thereof the following definition:-

“Commonwealth's pension liability”, the financial obligation of the commonwealth to pay all retirement benefits pursuant to this chapter for the state employees’ retirement system, the teachers’ retirement system, for teachers employed by the city of Boston and for the commonwealth’s share of the administrative cost of the State-Boston retirement system, and to reimburse local retirement systems for cost of living adjustments pursuant to section 102 and including any other pension obligations of a system or of the commonwealth relative to future pension liabilities which the commonwealth may assume by general or special law on behalf of any system other than the state employees’ retirement system, the teachers’ retirement system and for teachers employed by the city of Boston, and the commonwealth’s financial obligations which are associated with cost-of-living adjustments or other benefits for members of systems other than the state employees’ retirement system and the teachers’ retirement system who are not teachers employed by the city of Boston.

SECTION 8. The definition of “Commonwealth’s Pension Liability Fund” in said section 1 of said chapter 32, as so appearing, is hereby amended by striking out, in line 134, the words “and teachers’ retirement systems” and inserting in place thereof the following words:- retirement system, the teachers’ retirement system and the State-Boston retirement system on behalf of teachers who are members of that system.

SECTION 9. Said section 1 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 533 to 538, inclusive, the words “; provided, that “teacher” shall not be deemed to include, nor shall sections one to twenty-eight inclusive apply, to any person who is a teacher in the public schools of the city of Boston, except to such a teacher who on September first, nineteen hundred and twenty-three, was employed by the city of Boston and was then a member of the teachers' retirement system”.

SECTION 10. Section 2 of said chapter 32, as so appearing, is hereby amended by inserting after the words “system”, in line 23, the following words:- , except that a teacher employed by the school committee of the city of Boston shall be included in the State-Boston retirement system.

SECTION 11. Section 20 of said chapter 32, as so appearing, is hereby amended by inserting after the word “town”, in line 17, the following words:- , except the city of Boston,.

SECTION 12. Said section 20 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 24 to 27, inclusive, the words “or under the State-Boston retirement system, and the chairman or secretary of the school committee of such city or town, or the chairman or executive officer of the Boston retirement board,” and inserting in place thereof the following words:- and the chairman or secretary of the school committee of such city or town.

SECTION 13. Section 22 of said chapter 32, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The State-Boston retirement system shall establish said funds to credit assets received, acquired or held attributable to non-teacher members of that system and shall also establish said funds to credit assets received, acquired or held attributable to teachers who are members of that system.

SECTION 14. Said section 22 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 789 and 790, the words “and the teachers’ retirement system” and inserting in place thereof the following words:-, the teachers’ retirement system and the State-Boston retirement system.

SECTION 15. Said section 22 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 790 and 791, the words “and the teachers’ retirement board” and inserting in place thereof the following words:- , the teachers’ retirement board and the State-Boston retirement system for the purpose of funding their teacher retirement benefits.

SECTION 16. Said section 22 of said chapter 32, as so appearing, is hereby further amended by inserting in subparagraph (i) of paragraph (c) of subdivision (7), after the second sentence, the following 3 sentences:- In addition to the foregoing, the State-Boston retirement system shall furnish to the actuary any information that the actuary requires to determine the amount payable on account of the employment of teachers in the city of Boston. The actuary shall determine the amount payable on account of the employment of such teachers, and a separate amount payable as a result of the employment of all other members of the State-Boston retirement system. The actuary shall specify in a written notice to the State-Boston retirement board the specific amounts payable as a result of the employment of teachers in the city of Boston and of all members of the State-Boston retirement system other than teachers.

SECTION 17. Subdivision (8) of said section 22 of said chapter 32, as so appearing, is hereby amended by striking out the last sentence of paragraph (a) and inserting in place thereof the following sentence:- The assets of the state employees’ retirement system, the teachers’ retirement system and assets of the State-Boston retirement system attributable to teachers who are members of that system shall be held in the PRIT Fund.

SECTION 18. Section 23 of said chapter 32, as so appearing, is hereby amended by striking out subdivision (1) and inserting in place thereof the following subdivision:-

(1) (a) The funds of the state employees’ retirement system, the teachers’ retirement system and assets of the State-Boston retirement system attributable to teachers who are members of that system shall be held in the PRIT Fund. The board of each such system shall annually, on or before May first, file in the office of the commissioner, on a form prescribed by the commissioner, a sworn statement of the financial condition of the system as of December thirty-first of the previous year and of all the financial transactions of the system during the previous year. The commissioner may, for cause shown, extend the time for filing any such statement.

(b) Notwithstanding any general or special law to the contrary, assets of the State-Boston retirement system attributable to teachers who are members of the system shall be invested in the PRIT Fund, and for purposes of those assets and the payment of benefits to those teachers and their beneficiaries, the State-Boston retirement system shall be considered a participating system in the PRIT Fund, but the system shall not receive a share of any appropriations made under section 22B and paragraph (b) of subdivision (8) of section 22, and the board of the system shall not be able to revoke this participation.

SECTION 19. Section 10 of chapter 35T of the General Laws, as so appearing, is hereby amended by inserting after the word “revenues”, in line 17, the following words:- or the inflation index.

SECTION 20. Section 8A of chapter 81 of the General Laws is hereby repealed.

SECTION 21. Section 189A of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Advisory committee” the following definition:-

“Child-occupied facility”, a building or portion of a building, constructed before 1978, visited regularly by the same child, under 6 years of age, on at least 2 different days within a week if each day’s visit lasts at least 3 hours, the combined weekly visits last at least 6 hours and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in residential premises or in public or commercial buildings.

SECTION 22. Section 197B of said chapter 111, as so appearing, is hereby amended by inserting after the word “premises”, in line 34, the following words:- or child-occupied facility.

SECTION 23. Subsection (c) of said section 197B of said chapter 111, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The department shall also, in consultation with the director, adopt regulations specifying licensing requirements and safety procedures to be used by all persons employed in performing renovations or rehabilitation, in a residential premises or child-occupied facility, in a manner that disturbs paint, plaster or other materials containing dangerous levels of lead.

SECTION 24. Said section 197B of said chapter 111, as so appearing, is hereby amended by inserting after the word “premises”, in line 108, the following words:- or child-occupied facility.

SECTION 25. Section 5 of chapter 161D, as so appearing, is hereby amended by striking out the word “twelve”, in lines 28 and 31, each time it appears, and inserting in place thereof the following number:- 15.

SECTION 26. Subsection (e) of section 7 of chapter 372 of the acts of 1984 is hereby amended by inserting after the word “commonwealth”, in the first sentence, the following words:- ; and, provided, further, that all employees deemed eligible by the board of directors of the authority shall have access to dental and vision insurance coverage through the group insurance commission pursuant to section 17 of said chapter 32A to the same extent as if they were employees of the commonwealth.

SECTION 27. Section 25 of chapter 175 of the acts of 1998 is hereby amended by striking out the figure “2010”, as appearing in section 78 of chapter 123 of the acts of 2006, and inserting in place thereof the following figure:- 2012.

SECTION 28. The first sentence of section 2 of chapter 441 of the acts of 2002 is hereby amended by striking out the words “for a term not to exceed 30 years” and inserting in place thereof the following words:- , or its successors and assigns, for a term, including any extensions, not to exceed 60 years.

SECTION 29. Said chapter 441, as so appearing, is hereby further amended by adding the following section:-

Section 7. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the adjutant general of the military division, may grant, or may join with Massachusetts Veterans, Inc. in granting, an affordable housing restriction on the property described in section 2 to the community economic development assistance corporation, the Massachusetts housing partnership fund board, and the commonwealth acting by and through the department of housing and community development pursuant to chapter 121D of the General Laws, by its administrator the Massachusetts housing finance agency, and to their successors and assigns. This affordable housing restriction shall be on terms and conditions that the commissioner, in consultation with the adjutant general, determines.

SECTION 30. Sections 14 and 52 of chapter 130 of the acts of 2008 are hereby repealed.

SECTION 31. Item 3000-4050 of section 2 of chapter 27 of the acts of 2009 is hereby amended by striking out the words “30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2010” and inserting in place thereof the following words:- 15 days before the transfer; and, provided, further, that not more than 10 per cent of any item may be transferred in fiscal year 2010.

SECTION 32. Item 3000-4060 of said section 2 of said chapter 27 is hereby amended by striking out the words “30 days before the transfer; provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2010” and inserting in place thereof the following words:- 15 days before the transfer; and, provided, further, that not more than 10 per cent of any item may be transferred in fiscal year 2010.

SECTION 33. Item 8100-0006 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$19,000,000”, each time it appears, and inserting in place thereof the following figure:- $27,500,000.

SECTION 34. Item 8900-0010 of section 2 of said chapter 27 is hereby amended by inserting after the word “services” the following words:- ; provided, that the commissioner of correction or designee shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Commonwealth Transportation Fund to the General Fund.

SECTION 35. Item 8100-0002 of section 2B of said chapter 27 is hereby amended by striking out the figure “$6,481,785” and inserting in place thereof the following figure:- $20,000,000.

SECTION 36. Chapter 167 of the acts of 2009 is hereby amended by inserting after section 15 the following new sections:-

SECTION 16. Notwithstanding section 2 of chapter 128C of the General Laws or any other general or special law or rule or regulation to the contrary, the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county shall pay all premiums received pursuant to said section 2 of said chapter 128C to the Racing Stabilization Fund established in section 20.

SECTION 17. Notwithstanding chapter l28C of the General Laws or any other general or special law or rule or regulation to the contrary, simulcast revenues generated by the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county and otherwise dedicated to purse accounts at the licensees or to be distributed to breeders’ associations at guest dog tracks shall be dedicated to the Racing Stabilization Fund established in section 20.

SECTION 18. Notwithstanding chapters 128A and l28C of the General Laws or any other general or special law or rule or regulation to the contrary, amounts from unclaimed winnings and breaks generated by the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county shall be dedicated to the Racing Stabilization Fund established in section 20.

SECTION 37. Said chapter 167 of the acts of 2009 is hereby further amended by inserting after section 19 the following new sections:-

SECTION 20. Notwithstanding any general or special law or rule or regulation to the contrary, there shall be a Racing Stabilization Fund that shall be administered by the undersecretary for consumer affairs and business regulation of the executive office of housing and economic development, in this section called the undersecretary. The fund shall consist of all revenues dedicated pursuant to this act. In fiscal year 2010, the secretary of administration and finance shall transfer funds totaling not less than $300,000 to the department of public health for a compulsive gamblers’ treatment program. Not more than $300,000 may be expended to assist efforts to secure alternative employment and retaining opportunities for displaced workers impacted by the passage of chapter 388 of the acts of 2008. The state racing commission, or a successor agency, shall report to the undersecretary, the executive office for administration and finance and the house and senate committees on ways and means not later than the last day of each month, the projected program revenue, program expenses and operating costs associated with overseeing simulcasting through July 31, 2010. In the event of a deficit, the secretary of administration and finance may transfer from the Fund funds not to exceed $100,000 for the operating costs of the commission. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund; provided, however, that the undersecretary shall distribute to owners of greyhound dogs who have raced in calendar year 2009 for the humane care, maintenance and adoption of those greyhound dogs, a sum equal to 1 per cent of the total amount wagered at each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth; provided, however, that before any such amount is distributed, the undersecretary shall develop a method and criteria by which to distribute such funds in an equitable manner among dog owners. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund; provided, however, that the secretary shall distribute to kennel owners of greyhound dogs who have raced in calendar year 2009 for the humane care, maintenance and adoption of those greyhound dogs, a sum equal to 1.5 per cent of the total amount wagered at each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside commonwealth; provided, further, that before any amount is distributed, the secretary shall develop a method and criteria by which to distribute such funds in an equitable manner amongst kennel owners; and, provided, further, the secretary shall begin payments to kennel owners in January 2010. Such payments shall be paid on a bi-weekly basis beginning January 4, 2010.

SECTION 21. Notwithstanding section l2A of chapter 494 of the acts of 1978 or any other general or special law or rule or regulation to the contrary, on January 1, 2010, the comptroller shall transfer all monies deposited in the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established under said section l2A of said chapter 494, to the Racing Stabilization Fund established in section 20. After January 1, 2010, the comptroller shall transfer any revenues deposited into the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund into the Racing Stabilization Fund within 10 days after receipt of those revenues.

SECTION 38. Section 22 of said chapter 167 of the acts of 2009 is hereby further amended by adding the following sentence:-

The greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county shall also prepare a report of all funds received and disbursed for calendar years 2008 and 2009. Said report shall also be filed with the state racing commission, or a successor agency, no later than March 31, 2010, who shall forward all such reports to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development.

SECTION 39. Said chapter 167 of the acts of 2009 is hereby further amended by inserting after section 22 the following new sections:-

SECTION 23. Notwithstanding any general or special law, rule or regulation to the contrary, monies in the Racing Stabilization Fund established in section 20 may be used to assist efforts to secure alternative employment and retraining opportunities for displaced workers impacted by the passage of chapter 388 of the acts of 2008 including, but not limited to, coordinating the delivery of available state and federal resources and services; provided, however, that such funds from the fund shall only be expended after all federal funds from the Workforce Investment Act and the American Reinvestment and Recovery Act have been exhausted provided further, that state funds shall be distributed in accordance with section 20; provided further, that the secretary of labor and workforce development shall develop a plan to implement this section and submit a copy of the plan to the house and senate committees on ways and means, the joint committee on economic development and emerging technologies aid the joint committee on labor and workforce development not later than December 15, 2009.

SECTION 23A. Sections 15 through 18, inclusive, of this act shall take effect January 1, 2010.

SECTION 40. Notwithstanding any general or special law to the contrary, the commissioner of agricultural resources may award funds in the Greyhound Adoption Trust Fund, established by section 65 of chapter 10 of the General Laws, not obligated as of December 31, 2009, to eligible adoption and rescue organizations within the commonwealth for the care and adoption of retired greyhound track dogs that have schooled or raced at a greyhound racetrack in the commonwealth.

SECTION 41. During fiscal year 2010, appropriations or transfers may be made from the Commonwealth Transportation Fund, established in section 2ZZZ of chapter 29 of the General Laws, in anticipation of revenue.

SECTION 42. Notwithstanding any general or special law to the contrary, in determining the amount of assets of the State-Boston retirement system to be transferred to the Pension Reserves Investment Trust Fund under this section, the initial percentage of assets attributable to teachers who are members of that system shall be that which is set forth in the actuarial valuation of the State-Boston retirement system as of January 1, 2008 and approved by the actuary. This percentage shall be applied to the total assets of the system on a market value basis, and the amount attributable to teachers shall be calculated as of the end of the month preceding the date of the initial transfer of assets. If all assets attributable to teachers who are members of this system, as determined above, are not transferred in the initial transfer, the remaining amount of assets shall be determined by subtracting from the total percentage of assets to be transferred set forth in the actuarial valuation the percentage of assets previously transferred and applying that percentage to the market value of the assets of the system as of the end of the month preceding the date of the subsequent transfer. Any remaining amounts to be transferred shall be determined in the same manner until the percentage is zero. The State-Boston retirement system shall report to the actuary, and the actuary shall approve the calculation made under this section at the time of each transfer. Transfer of 90 per cent of the assets attributable to teachers under this section shall be completed within 24 months after this act takes effect. Transfer of all assets attributable to teachers under this subsection shall be completed within 48 months after this section takes effect unless the secretary of administration and finance authorizes a later date for the completion of the asset transfer.

SECTION 43. Sections 4 and 30 shall take effect as of January 1, 2009.

SECTION 44. Sections 7 to 10, inclusive, sections 13 to 18, inclusive, and section 42 of this act shall take effect upon its passage. Sections 11 and 12 shall take effect on July 1, 2010, and the final reimbursement by the commonwealth under paragraph (c) of subdivision (2) of section 20 of chapter 32 of the General Laws shall be in accordance with that paragraph in all respects except that the payment shall be made directly to the State-Boston retirement system and applied in accordance with the most recent funding schedule approved by the state actuary under section 22 of said chapter 32. The funds for the final reimbursement under paragraph (c) of subdivision (2) of section 20 of said chapter 32 shall be paid from monies transferred from the General Fund by the comptroller to the teachers' retirement system to meet the system’s fiscal year 2010 pension obligation in accordance with subdivision (1) of section 22C of said chapter 32. This payment shall be a reimbursement for fiscal year 2009 city of Boston teacher pension benefits paid by the State-Boston retirement system.