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Senate, No. 2370

[Senate , April 8 , 2010 Substituted by amendment by the Senate (Ways and Means) for Senate, No. 2360, printed as amended ]

 

The Commonwealth of Massachusetts

__________________

 

IN THE YEAR OF TWO THOUSAND AND TEN

                             __________________

 

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A N A CT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2010 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS AND IMPROVE THE FISCAL STABILITY OF THE COMMONWEALTH.

 

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to make appropriations for the fiscal year ending June 30, 2010, 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 2010, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in said appropriation acts, for the several purposes and subject to the conditions specified in this act or in said appropriation acts and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010.  The sums in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of those items .

SECTION 2.


treasurer and receiver general

Office of the Treasurer and Receiver General
 

0612-0105                             $200,000

 


Secretary of the Commonwealth

Office of the Secretary of the Commonwealth
 

0521-0000                             $257,041

 


office of the State comptroller

Reserves
 

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
 

4513-1020                             $2,000,000


EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701                             $ 5,000,000

 


executive office of Housing and economic development

Office of the Secretary
 

7004-0101                             $18,226,110



executive office of education

Department of Higher Education
 

7070-0065                             $996,753

 


executive office of public safety and Security

Department of Correction
 

8900-0001                             $4,000,000

 

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, for the several purposes and subject to the conditions specified in this section and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010.  The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Reserves

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

1599-1980   For a reserve for collective bargaining agreements ratified by employee organizations during fiscal year 2010; provided, that the secretary of administration and finance may transfer funds from this item to other items to implement ratified agreements and shall notify the house and senate committees on ways and means in writing within 30 days after any such transfer; and provided further, that a transfer from this item to implement a ratified agreement shall constitute approval of that agreement under section 7 of chapter 150E of the General Laws without further action by the general court               $125,000

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 that 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, the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocation thereof for fiscal year 2010 amounts that are necessary to meet these costs where 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

1599-4282     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 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 that 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, the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocation thereof for fiscal year 2010 amounts that are necessary to meet these costs where 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

1599-4283     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 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 that 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, the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocation thereof for fiscal year 2010 amounts that are necessary to meet these costs where 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

Secretary of the commonwealth
Office of the Secretary of the Commonwealth

0521-0010    For reimbursements to municipalities for costs associated with the statewide election to fill the United States Senate seat on January 19, 2010; provided, that the Secretary of State shall only reimburse the municipalities for costs that have previously been certified by the Division of Local Mandates within the Office of the State Auditor, and provided further that any unexpended funds from this item shall be made available in fiscal year 2011               $6,340,941

 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001 For the military division for reimbursement for costs associated with flood damage control in March and April, 2010; provided, that any unexpended funds shall revert to the General Fund……………………………………………………………………………………$930,000

 

 

legislature

Senate

9510-0000 For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued               $350,000

House of Representatives

9610-0000 For expenses incurred by the house of representatives related to the joint committee on redistricting, prior appropriation continued               $350,000

 

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. Chapter 7 of the General Laws is hereby amended by inserting after section 38O the following section:-

Section 38P. (a) For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise:

“Agency”, the Massachusetts Department of Transportation, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority.

“Architectural and engineering services”, ( i ) professional services of an architectural or engineering nature, as defined by state law, which are required to be performed or approved by a person licensed, registered or certified to provide those services as described herein; (ii) professional services of an architectural or engineering nature performed by contract that are associated with research planning, development, design, investigations, inspections, tests, evaluations, consultations, program management, value engineering, construction, alteration or repair of real property; and (iii) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and individuals in their employ may logically or justifiably perform, including studies, investigations, surveying and mapping, soil tests, construction phase services, drawing reviews, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, soils engineering, cost estimates or programs, preparation of drawings, plans or specifications, supervision or administration of a construction contract, construction management or scheduling, preparation of operation and maintenance manuals and other related services.

“Firm”, an individual, firm, partnership, corporation, association or other legal entity authorized by law to practice the professions of architecture, engineering, land surveying, landscape architecture, environmental science, planning or program management.

“Public works project”, a capital improvement project or a design, study, plan, survey or new or existing program activity of an agency, including the development of new or existing programs that require architectural, engineering or related professional services, but shall not include a public building construction project undertaken under chapters 7, 149 and 149A.

“Related professional services”, ( i ) professional services, including land surveying, landscape architecture, environmental science and planning, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described herein; (ii) professional services performed by contract that are associated with research, planning, development, design, investigations, inspections, surveying and mapping, tests, evaluations, consultations, comprehensive planning program management, value engineering, construction, alteration or repair of real property; and (iii) such other professional services, or incidental services, which members of the related professions as described herein and individuals in their employ may logically or justifiably perform, including master plans, studies, surveys, soil tests, cost estimates or programs, preparation of drawings, plans or specifications, supervision or administration of a construction contract, construction management or scheduling, conceptual designs, plans and specifications, construction phase services, soils engineering, drawing reviews, cost estimating, preparation of operation and maintenance manuals and other related services; provided, however, that nothing herein shall be construed to constitute a regulation or oversight of any designated firms or identified professionals' services.

(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 shall have the option of selecting 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 not 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 to 21, inclusive, of chapter 149A.

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

SECTION 5. Section 31 of chapter 9 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences :-   From March 15, 2003, until June 30, 2016, all surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technological Fund, established in section 2JJJ of chapter 29. From July 1, 2016, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of said chapter 29.

SECTION 6.   Section 35T of chapter 10 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 6A.   Section 2H of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

              Notwithstanding any general or special law to the contrary, the comptroller shall file with the clerks of the senate and house of representatives not later than the fifteenth day of each month a report which shall include, but not limited to, the balance in the fund on the first day of the month, any material changes in the condition of the fund and any other information which the comptroller deems appropriate for consideration by the general court.  The report shall be displayed prominently on the website of the comptroller.

SECTION 7. Section 21 of chapter 30B of the General Laws is hereby repealed.

SECTION 8.   Section 1 of chapter 32 of the General Laws is hereby amended by striking out the definition of “Commonwealth's pension liability”, as appearing in the 2008 Official Edition, 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 9.   Said section 1 of said chapter 32 is hereby further 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 10. Said section 1 of said chapter 32 is hereby further amended by striking out, in lines 533 to 538, inclusive, as so appearing, 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 11. Section 2 of said chapter 32 is hereby amended by inserting after the word “system”, in line 23, as so appearing, 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 12. Section 20 of said chapter 32 is hereby amended by inserting after the word “town”, in line 17, as so appearing, the following words :- , except the city of Boston,.

SECTION 13. Said section 20 of said chapter 32 is hereby further amended by striking out, in lines 24 to 27, inclusive, as so appearing, 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 14. Section 22 of said chapter 32 is hereby amended by inserting after the first sentence, as so appearing, the following sentence :- The State-Boston retirement system shall establish those funds to credit assets received, acquired or held attributable to non-teacher members of that system and shall also establish the funds to credit assets received, acquired or held attributable to teachers who are members of that system.

SECTION 15. Said section 22 of said chapter 32 is hereby further amended by striking out, in lines 789 and 790, as so appearing, the words “and the teachers” and inserting in place thereof the following words:-, the teachers’ retirement system and the State-Boston.

SECTION 16.   Said section 22 of said chapter 32 is hereby further amended by striking out, in lines 790 and 791, as so appearing, 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 17. Subparagraph ( i ) of paragraph (c) of subdivision (7) of said section 22 of said chapter 32, as so appearing, is hereby amended by inserting 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 18. Paragraph (a) of subdivision (8) of said section 22 of said chapter 32, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence :-   The assets of the state employees’ retirement system, the teachers’ retirement system and the State-Boston retirement system attributable to teachers who are members of that system shall be held in the PRIT Fund.

SECTION 19. Section 23 of said chapter 32 is hereby amended by striking out subdivision (1), as so appearing, and inserting in place thereof the following subdivision:-

(1) ( a ) The funds of the state employees’ retirement system and the teachers’ retirement system and the 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 1, 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 31 of the preceding year and of all the financial transactions of the system during the preceding 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 or under paragraph (b) of subdivision (8) of section 22, and the board of that system shall have no authority to revoke such participation.

SECTION 20. Section 41 of chapter 36 of the General Laws, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences :-    From March 15, 2003, until June 30, 2016, all surcharges on fees collected pursuant to this section shall be forwarded to the County Registers Technological Fund established in section 2KKK of chapter 29. From July 1, 2016, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of chapter 29.

SECTION  21 . The first sentence of  the second paragraph of section 11 of chapter 64D of the General Laws, as appearing in section 2 of chapter 61 of the acts of 2009, is hereby amended by striking out the words ", established by the secretary of administration and finance in 2009, is insufficient in any given fiscal year to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office as determined by the secretary of administration and finance in consultation with appropriate county officials and county treasurers, beginning in fiscal year 2011, the county shall retain 13.625 per cent of the taxes collected in such county and transferred to the Deeds Excise Fund" and inserting in place thereof the following words:-  to fund from its own revenues in fiscal year 2009 the operation of the sheriff’s office is insufficient in any fiscal year to satisfy the unfunded county pension liabilities and other benefit liabilities of retired employees of the sheriff’s office, as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement associations and their actuaries and the county treasurers, beginning in fiscal year 2011, the county shall retain and shall transfer to the Deeds Excise Fund in which it shall be held separate and apart from all other funds and from which it  may be appropriated solely for this purpose, an additional amount of the deeds excise collected in that county necessary as determined by agreement of the secretary of administration and finance, the actuary of the Public Employee Retirement Administration Commission, the retirement associations and their actuaries and the county treasurers to meet its annual retirement assessment and.

SECTION  22 .   Subsection (a) of section 12 of said chapter 64D, as so appearing, is hereby amended by striking out the words “the amounts deposited in the Deeds Excise Fund for each county from revenues collected pursuant to this chapter” and inserting in place thereof the following words :-   that portion of the amounts deposited in the Deeds Excise Fund for each county from revenues collected pursuant to this chapter which represents 10.625 per cent of the taxes collected.

SECTION 23.   Section 8A of chapter 81 of the General Laws is hereby repealed.

SECTION 23A.   Chapter 85 of the General Laws is hereby amended by striking out section 7A, as amended by section 76 of chapter 25 of the acts of 2009, and inserting in place thereof the following section:-

              Section 7A.                 (a) For the purposes of this section, “person” shall include surveyors of highways, road commissioners, superintendents of streets in towns, commissioners of public works in cities and towns, the chief engineer of the highway division of the Massachusetts Department of Transportation, the chief administrative officer of state agencies and private persons, including corporations.

              (b)               No person shall store sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways in such a manner or place as to subject a water supply or groundwater supply to the risk of contamination.

              (c)               Any sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways and stored within 200 hundred yards of an established river or estuary shall be stored in a solid frame storage shed to insure against ground leaching and airborne pollution of surrounding property.  This subsection shall not apply to:                (1) a water-dependent marine cargo facility that, on or before May 10, 1991, stored or distributed any such snow removal chemicals, is currently located at the site from which such chemicals were stored or distributed on or before May 10, 1991, such chemicals are stored or distributed with 200 yards of an established river or estuary and such river or estuary has a depth-averaged annual salinity greater than 10 parts per 1,000; or (2) a water-dependent marine cargo facility that stores or distributes any such snow removal chemicals, is located on an established river or estuary that has a depth-averaged annual salinity greater than 10 parts per 1,000 and has an agreement with the municipality in which it is located providing for the best management practices.

              (d)               The department of environmental protection, in consultation with the highway division, may issue regulations as to place or manner of storage of such chemicals and may regulate , by specific order, in a particular case the place where such chemicals may be used for such purpose.  All water-dependent marine cargo facilities storing chemicals used for the removal of snow and ice on roads shall have the best management practices described in writing for inspection at the facility by the department.

              (e)               A violation of this section or a regulation or order issued hereunder shall be punished by a fine not to exceed $50 dollars per day.

(f)               A person who uses more than 1 ton of the chemicals described in this section in a calendar year shall report annually to the department on November 1 and at such other times as prescribed the amount of such chemicals used in the previous 12 months specified by road section or other location and the amount of chemicals on hand.  Copies of such reports shall be made available upon the request of a concerned state or municipal agency or commission.  The department may require studies by competent professional personnel of the probable impact of proposed new or improved highways and the maintenance thereof by use of such chemicals upon reservoirs, ponds, streams, lakes, wetlands and the groundwater aquifers associated with both public and private water sources.  Estimates of such chemicals to be applied on proposed roadways and other paved areas shall be based upon the most recent records of chemicals actually applied as reported under this section.

SECTION 23B.   Chapter 90 of the General Laws is hereby amended by inserting after section 32I the following section:-

Section 32J.   (a) As used in this section, ’car-sharing organization’ shall mean a membership-based entity with a distributed fleet of private passenger motor vehicles that are made available to its members primarily for hourly or other short-term use through a self-service fully automated reservation system that periodically charges a membership fee separate from a use-based fee relating to a specific vehicle; provided, however, that ‘car-sharing organization’ shall not include an arrangement where a separate written agreement is entered into each time a vehicle is transferred to a customer.

(b) Vehicles in a fleet of a car-sharing organization may display private passenger motor vehicle registration number plates issued by the registrar; provided, however, that a registered vehicle of any such organization which identifies the name of the organization by business markings thereon shall not be required to display a commercial registration plate if the markings are limited to the name, address, telephone number, logo or website address of the organization.

SECTION 24.   Section 189A of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the definition of “Advisory committee” the following definition:-

“Child-occupied facility”, a building or portion thereof constructed before 1978 and 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, including, but not limited to, day care centers, preschools and kindergarten classrooms; provided, however, that “child-occupied facilities may be located in residential premises or in public or commercial buildings. 

SECTION 25.   Section 197B of said chapter 111, as so appearing, is hereby amended by inserting after the word “premises”, in lines 34 and 108, each time it appears, the following words:- or child-occupied facility.

SECTION 26.   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 27.   Section 47D of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words, “section 23B of chapter 39” and inserting in place thereof the following words:-  sections 20 and 21 of chapter 30A.

SECTION 28.   Chapter 258E of the General Laws is hereby amended by striking out section 2, as appearing in chapter 23 of the acts of 2010, and inserting in place thereof the following section:-

Section 2. Proceedings under this chapter shall be filed, heard and determined in   the superior court department   or the respective divisions of   the   district court   department   or the   Boston municipal court department having venue   over the plaintiff’s residence.   The juvenile court department shall have exclusive jurisdiction of proceedings under this chapter in which the defendant   is under the age of 17.     Such proceedings   shall be filed, heard and determined in the division of the juvenile court department having venue   over the plaintiff’s residence.

SECTION 29.   Said chapter 258E is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. Whenever a law officer has reason to believe that a person has been abused or harassed or is in danger of being abused or harassed, such officer shall use all reasonable means to prevent further abuse or harassment. Law officers shall make every reasonable effort to do the following as part of the emergency response:

            (1) assess the immediate physical danger to the victim and provide assistance reasonably intended to mitigate the safety risk;

            (2) if there is observable injury to the victim or if the victim is complaining of injury, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital;

            (3) if a sexual assault has occurred, notify the victim that there are time-sensitive medical or forensic options that may be available, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital;  

            (4) provide the victim with referrals to local resources that may assist the victim in locating and getting to a safe place;

            (5) provide adequate notice to the victim of the victim’s rights including, but not limited to, obtaining a harassment prevention order; provided, however, that the notice shall consist of providing the victim with a copy of the following statement before the officer leaves the scene or premises and after reading the statement to the victim; provided further, that if  the victim’s native language is not English, the statement shall be then provided in the victim’s native language whenever possible:

                “You have the right to appear at the Superior, Juvenile (only if the attacker is under 17), District or Boston Municipal Court, if you reside within the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders: ( i ) an order restraining your attacker from harassing or abusing you; (ii) an order directing your attacker to refrain from contacting you; (iii) an order directing your attacker to stay away from your home and your workplace;  (iv) an order directing your attacker to pay you for losses suffered as a result of the harassment or abuse, including loss of earnings, out-of-pocket losses for injuries sustained or property damaged, costs of replacement of locks, medical expenses, cost for obtaining an unlisted phone number, and reasonable attorneys’ fees.
              For an emergency on weekends, holidays or weeknights, the police will assist you in activating the emergency response system so that you may file a complaint and request a harassment prevention order.

                You have the right to go to the appropriate court and apply for a criminal complaint for sexual assault, threats, criminal stalking, criminal harassment, assault and battery, assault with a deadly weapon, assault with intent to kill or other related offenses.
                If you are in need of medical treatment, you have the right to request that an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment.

                If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you can leave or until your safety is otherwise ensured. You may also request that the officer assist you in locating and taking you to a safe place including, but not limited to, a designated meeting place for a shelter or a family member's or a friend's residence or a similar place of safety.
              You may request and obtain a copy of the police incident report at no cost from the police department.”;
                (6)   assist the victim by activating the emergency judicial system when the court is closed for business;
                (7)   inform the victim that the abuser will be eligible for bail and may be promptly released; and
              (8)   arrest any person that a law officer witnessed or has probable cause to believe violated a temporary or permanent vacate, restraining, stay-away or no-contact order or judgment issued under this chapter or similar protection order issued by another jurisdiction; provided, however, that if there are no vacate, restraining, stay-away or no-contact orders or judgments in effect, arresting the person shall be the preferred response it the law officer witnessed or has probable cause to believe that a person:  ( i )   has committed a felony; (ii)   has committed a misdemeanor involving harassment or abuse as defined in section 1; or (iii)   has committed an assault and battery in violation of section 13A of chapter 265; provided further, that the safety of the victim shall be paramount in any decision to arrest; and provided further, that if a law officer arrests both parties, the law officer shall submit a detailed, written report in addition to an incident report, setting forth the grounds for arresting both parties.
              No law officer shall be held liable in a civil action for personal injury or property damage brought by a party to an incident of abuse or for an arrest based on probable cause when such officer acted reasonably and in good faith and in compliance with this chapter.
              Whenever a law officer investigates an incident of harassment, the officer shall immediately file a written incident report in accordance with the standards of the law officer's law enforcement agency and, wherever possible, in the form of the National Incident-Based Reporting System, as defined by the Federal Bureau of Investigation. The latter information may be submitted voluntarily by the local police on a monthly basis to the crime reporting unit of the state police crime reporting unit established in section 32 of chapter 22C.
              The victim shall be provided a copy of the full incident report at no cost upon request to the appropriate law enforcement department.
              When a judge or other person authorized to take bail bails any person arrested under this chapter, reasonable efforts shall be made to inform the victim of such release prior to or at the time of the release.  When any person charged with or arrested for a crime involving harassment under this chapter is released from custody, the court or the emergency response judge shall issue, upon the request of the victim, a written no-contact order or stay-away order prohibiting the person charged or arrested from having any contact with the victim and shall use all reasonable means to notify the victim immediately of release from custody. The victim shall be provided, at no cost, a certified copy of the no-contact order.

SECTION 30.   Section 1 of chapter 703 of the acts of 1963 is hereby amended by striking out paragraph (h), as most recently amended by section 11 of chapter 72 of the acts of 2007,  and inserting in place thereof the following paragraph:-

              (h) “State college”, a public institution of higher education listed in section 5 of chapter 15A of the General Laws, but not including the University of Massachusetts and its campuses.

SECTION 31.   The first sentence of section 3 of said chapter 703, as appearing in section 2 of chapter 290 of the acts of 1998, is hereby amended by adding the following words :-   ; provided, however, that  the Authority shall not provide housing facilities at community colleges.

SECTION 31A.   Section 1 of chapter 692 of the acts of 1973 is hereby amended by striking out the words “April first, nineteen hundred and seventy-three” and inserting in place thereof the following words :- May 17, 1975.

SECTION 32.   Section 25 of chapter 175 of the acts of 1998 is hereby amended by striking out the figure “2010”, inserted by section 78 of chapter 123 of the acts of 2006, and inserting in place thereof the following figure:- 2012.

SECTION 33.   Section 2 of chapter 441 of the acts of 2002 is hereby amended by striking out, in lines 7 and 8, 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 34.   Said chapter 441 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, shall permit, or may join with Massachusetts Veterans, Inc. in permitting, 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, to impose an affordable housing restriction on the property described in section 2 in conformance with the program requirements of those agencies.

SECTION 35.   Section 304 of chapter 149 of the acts of 2004 is hereby amended by striking out, in line 16, the word "February" and inserting in place thereof the following word:-  April.

SECTION 35A.   Item 7007-0932 of section 2A of chapter 123 of the acts of 2006 is hereby amended by striking out the words “$4,000,000 may be used for construction and equipment in the former cafeteria of the Wheatley building, and not more than $1,000,000 may be used for start-up and operating expenses; provided further, that the funds shall not be available for faculty salaries; provided further, that the funds shall be available through June 30, 2010 ” and inserting in place thereof the following words:-  $3,700,000 may be used for construction and equipment in the former cafeteria of the Wheatley building and not more than $1,300,000 may be used for start-up and operating expenses; provided further, that the funds shall not be available for faculty salaries; provided further, that the funds shall be available through June 30, 2011.

SECTION 36.   Item 0699-0015 of section 2 of chapter 27 of the acts of 2009 is hereby amended by striking out the figure “$1,804,013,573” and inserting in place thereof the following figure :- $1,799,564,198.

SECTION 37.   Said section 2 of said chapter 27 is hereby further amended by striking out item 0699-0016.

SECTION 38.   Item 0699-2004 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$91,719,000” and inserting in place thereof the following figure:- $82,980,442.

SECTION 39.   Item 1108-5400 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$77,844,056” and inserting in place thereof the following figure:- $76,129,566.

SECTION 40.   Item 1599-1030 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$2,263,600” and inserting in place thereof the following figure:- $963,600.

SECTION 41.   Item 3000-4050 of section 2 of said chapter 27 is hereby amended by striking out the words “30 days before the transfer; and provided further, that not more than 3” and inserting in place thereof the following words :- 15 days before the transfer; and, provided, further, that not more than 10.

SECTION 42.   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” and inserting in place thereof the following words:- 15 days before the transfer; and, provided, further, that not more than 10.

SECTION 43.   Item 4000-0300 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$95,375,349” and inserting in place thereof the following figure :- $94,825,349

SECTION 43A.   Item 4000-0600 of said section 2 of said chapter 27 is hereby amended by inserting after the word “consortia” the following words :- “; provided further, that the secretary of health and human services shall issue a report to the house and senate committees on ways and means not later than May 1, 2010, detailing the proposed disbursement of the $2,500,000 appropriated herein to the pre-admission counseling and assessment program, the rationale for any delay in commencing and administering that program or for failing to commence the program and disbursing any portion of the  $2,500,000 appropriated therefor ”.

SECTION 43B.   Item 4000-0700 of said section 2 of said chapter 27 is hereby amended by inserting after the word “effectively” the following words:- “ and to maintain jobs and programs critical to the health of the communities they serve ; provided further, that the secretary of health and human services shall disburse said $20,000,000 not later than May 1, 2010.

 

SECTION 44.   Item 4590-0915 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$137,664,607” and inserting in place thereof the following figure :- $137,314,607

SECTION 45.   Item 4800-0041 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$223,569,417” and inserting in place thereof the following figure :- $220,569,417

SECTION 46.   Item 7061-9010 of said section 2 of said chapter 27 is hereby amended by striking out the figure “$79,751,579” and inserting in place thereof the following figure:- $75,251,579

SECTION 47.   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 48.   Item 8900-0010 of section 2 of said chapter 27 is hereby amended by adding the following words :- ; provided, that the commissioner of correction or the commissioner’s 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 49.   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 50.   Section 19 of chapter 61 of the acts of 2009, as amended by chapter 102 of the acts of 2009, is hereby further amended by adding the following subsection:-

(d) Notwithstanding any general of special law to the contrary, surviving spouses of retired employees of the office of a transferred sheriff who are eligible for group insurance coverage from the county at the time of transfer shall have that eligibility and coverage transferred to the group insurance commission without restriction.

SECTION 51.   Item 8000-0036 of section 2C.I of chapter 120 of the acts of 2009 is hereby amended by striking out the figure “$3,569,361” and inserting in place thereof the following figure :- $569,361.

SECTION 52.   Section 9 of chapter 132 of the acts of 2009 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The secretary of veterans’ services shall adopt rules and regulations necessary for the implementation of this section to the degree necessary to achieve maximum federal financial participation within 180 days after the effective date of this act. The request for proposals shall be issued within 90 days of such rules and regulations being adopted. The department of veterans’ services may determine that no proposals are responsive or may determine that no responsive proposals provide adequate value to the commonwealth. If the department of veterans’ services determines that no proposals are responsive or no responsive proposals provide adequate value to the commonwealth, the department shall notify the general court of the reasons for such findings in writing within 60 days of such decision. All actions relative to requests for proposals under this section shall comply with sections 52 to 55, inclusive, of chapter 7 of the General Laws.

SECTION 53.   Chapter 167 of the acts of 2009 is hereby amended by striking out sections 16 to 23, inclusive, and inserting in place thereof the following 8 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 19.   Notwithstanding any 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, unless otherwise provided in this act, be subject to chapter 128A of the General Laws, chapter 128C of the General Laws and chapter 139 of the acts of 2001.

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 within the executive office of housing and economic development. The fund shall consist of all revenues dedicated pursuant to this act. In fiscal year 2010, the undersecretary shall transfer from the fund an amount 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 retraining 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, of the projected program revenue, program expenses and operating costs associated with overseeing simulcasting through July 31, 2010. In the event of a deficit, the undersecretary may transfer from the fund an amount 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 and lessees 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. The undersecretary shall distribute to kennel owners who housed 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 , however, that before any amount is distributed, the undersecretary shall develop a method and criteria by which to distribute such funds in an equitable manner among kennel owners; and provided further, the undersecretary shall begin payments to kennel owners in January 2010. Such payments shall be paid on a biweekly basis beginning on 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 22. Notwithstanding any general or special law to the contrary, the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county shall report monthly to the state racing commission, or a successor agency, on their net and gross revenue, including an itemization of premiums received, fees received and any amounts dedicated to purse accounts, the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund. The report shall include the number of part-time and full-time staff employed by the licensees at the close of the previous month. The report shall also include the total amount of premiums paid to the harness horse meeting licensees located in Norfolk county and the running horse meeting licensee located in Suffolk county. Failure to file the report on the tenth day of each month shall be cause for suspension of the greyhound meeting license. The state racing commission, or a successor agency, 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.  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. The report shall also be filed with the state racing commission, or a successor agency, not later than June 30, 2010, and the state racing commission shall forward the 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 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 enactment 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 and the joint committee on labor and workforce development not later than July 31, 2010.

SECTION 55.   Chapter 3 of the resolves of 2008 is hereby amended, by striking out the words “120 days after the first meeting of the commission” and inserting in place thereof the following words:-  May 3, 2010.

SECTION 55A.   Notwithstanding any general or special law to the contrary, the department of transitional assistance may amend its supplemental nutrition assistance program outreach plan, in this section referred to as SNAP, to include SNAP application assistance and retention activities conducted by community-based organizations or other state agencies; provided, however, that the department may maximize federal reimbursement from the United States Department of Agriculture for funds identified by community-based organizations for SNAP application assistance and retention activities, including assistance and retention activities funded through private, state or community development block grants; and provided further, that the department may provide the federal reimbursements identified for SNAP outreach efforts to state agencies and departments and community-based organizations engaged in outreach efforts and for the administrative costs incurred by an agency, department or organization in claiming the federal reimbursements or processing additional SNAP applications.

                   

SECTION 56.   Notwithstanding any general or special law to the contrary, the commissioner of agricultural resources shall award funds in the Greyhound Adoption Trust Fund established in section 65 of chapter 10 of the General Laws that are 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 57.   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 58. Notwithstanding any general or special law to the contrary, the comptroller shall not make the transfer of funds to the Central Artery and Statewide Road and Bridge Infrastructure Fund for fiscal year 2009 as otherwise required by section 63 of chapter 10 of the General Laws, section 33 of chapter 90 of the General Laws and section 15 of chapter 87 of the General Laws.

SECTION 59.   Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers from items 4000-0430, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 27 of the acts of 2009 to items 4000-0500 and 4000-0600 of said section 2 for the purpose of reducing any deficiency in item 4000-0500 or 4000-0600; provided, that any such transfer shall take place not later than August 31, 2010; and provided further, that the secretary of health and human services, in conjunction with the secretary of administration and finance, shall notify the house and senate committees on ways and means in writing within 30 days of any such transfer.

SECTION 60.   Notwithstanding any general or special law to the contrary, the amount to be transferred from the Commonwealth Transportation Fund to the Massachusetts Transportation Trust Fund pursuant to section 156 of chapter 25 of the acts of 2009 shall not exceed $132,946,908 for fiscal year 2010 unless the secretary of administration and finance requests in writing that the comptroller increase that amount based on the availability of funds in the Commonwealth Transportation Fund.  The comptroller shall transfer not later than June 30, 2010, the remaining balance in the Commonwealth Transportation Fund to the General Fund to cover transportation-related expenses made from the General Fund appropriations during fiscal year 2010.

SECTION 61.   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, pursuant to paragraph (a) of subdivision (1) of section 23 of chapter 32 of the General Laws, 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 the effective date of this.  Transfer of all assets attributable to teachers under this section shall be completed within 48 months after the effective date of this act unless the secretary of administration and finance authorizes a later date for the completion of the asset transfer.

SECTION 61A.   Notwithstanding clause (6) of section 5 of chapter 161D of the General Laws or any other general or special law to the contrary, the Massachusetts Department of Transportation shall extend the term of the intercity bus capital assistance program vehicle lease and maintenance agreement of November 1997 for a term not to exceed 3 years.

SECTION 62. Section 6 shall apply to the comptroller's certification as required in subsection (b) of section 35T of chapter 10 of the General Laws, beginning March 1, 2010.

SECTION 63. Sections 12 and 13 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 said paragraph (c) of said subdivision (2) of said section 20 of said chapter 32 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 said paragraph (c) of said subdivision (2) of said 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. That payment shall be a reimbursement for fiscal year 2009 city of Boston teacher pension benefits paid by the State-Boston retirement system.

SECTION 64.   Section 27 shall take effect on July 1, 2010.

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