Chapter 319

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1998 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to make appropriations and transfers for fiscal year 1998 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 1998 and for certain other activities and projects in said fiscal year, the sums set forth in section 2 are hereby appropriated from the general fund unless specifically designated otherwise herein or in said appropriation acts, for the several purposes and subject to the conditions specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

JUDICIARY.
Committee for Public Counsel Services.

0321-1510

......................................................................$8,225,000

0321-1512

......................................................................$4,900,000

0321-1520

......................................................................$933,538

DISTRICT ATTORNEYS.
Hampden District Attorney.

0340-0500

......................................................................$149,031

SECRETARY OF STATE.

0521-0001

......................................................................$514,607

0527-0100

......................................................................$2,800

TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver-General.

0699-9200

......................................................................$2,453,587

ATTORNEY GENERAL.
Commission on Uniform State Laws.

0830-0100

......................................................................$2,304

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Disabled Persons Protection Commission.

1107-2501

......................................................................$30,994

Group Insurance Commission.

1108-5200

......................................................................$19,426,586

1108-5400

......................................................................$40,000

1108-5500

......................................................................$16,281

Department of Veterans' Services.

1410-0620

......................................................................$3,865,000

Reserves.

1599-0036

......................................................................$1,522,942

1599-3845

......................................................................$2,846,776

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Metropolitan District Commission.

2440-0010

......................................................................$100,000

2440-2000

......................................................................$42,837

2444-9005

......................................................................$354,269

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Division of Medical Assistance.

4000-0860

......................................................................$22,700,000

4000-0870

......................................................................$31,650,499

Office of Child Care Services.

4130-3700

......................................................................$500,000

Department of Public Health.

4590-0906

......................................................................$900,000

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Office of the Secretary.

6005-0015

......................................................................$807,586

Department of Highways.

6030-7201

......................................................................$3,403,337

EXECUTIVE OFFICE OF LABOR, EDUCATION AND WORKFORCE DEVELOPMENT.
Department of Housing and Community Development.

7004-9201

......................................................................$217,506

Department of Economic Development.

7007-0900

......................................................................$1,603,096

7007-1000

......................................................................$761,471

7007-1300

......................................................................$120,232

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Office of the Secretary.

8000-0040

......................................................................$68,975

Department of State Police.

8100-0007

......................................................................$1,137,000

8100-9999

......................................................................$325,000

Department of Correction.

8900-8888

......................................................................$447,190

8900-9999

......................................................................$968,806

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the general fund unless specifically designated otherwise herein, for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.

1599-3384

For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in fiscal year 1998 or a prior fiscal year

......................................................................$6,500,000

1599-3878

For a reserve for payment of costs and attorneys fees for special assistant attorneys general to handle Commonwealth v. Ruggles Center Joint Venture, et. al., Suffolk Superior Court, Civil Action Number 97-1764A, and related litigation concerning the registry of motor vehicles' building at Ruggles center

......................................................................$500,000

1599-9711

For the costs and liabilities of Middlesex county; provided, that no payments shall be made to vendors from this item until the commonwealth obtains a release of obligation executed by each such vendor which stipulates that any such payment is in complete satisfaction of any claim by such vendor against said county and the commonwealth

......................................................................$5,799,425

Local Aid Fund........................................................ 100.0%

1599-9713

For the payment of certain costs and liabilities of Hampden county including, but not limited to, payments for interest and principal on bonds and notes issued by said county that are either overdue or about to become due; provided, that such funds that shall not be expended for the payment of vendors until the commonwealth obtains a release of obligation executed by each such vendor which shall be in complete satisfaction of any claim by such vendor against said county and the commonwealth

......................................................................$4,006,508

Local Aid Fund........................................................ 100.0%

1599-9714

For the payment of certain costs and liabilities of Worcester county including, but not limited to, payments owed to vendors of Worcester county hospital and for interest and principal on bonds and notes issued by said county that are either overdue or about to become due; provided, that such funds that shall not be expended for the payment of vendors until the commonwealth obtains a release of obligation executed by each such vendor which shall be in complete satisfaction of any claim by such vendor against said county and the commonwealth

......................................................................$10,920,246

Local Aid Fund........................................................ 100.0%

1599-9715

For the payment of certain costs and liabilities of Hampshire county including, but not limited to, payments owed to vendors of the Hampshire county health care facility and for interest and principal on bonds and notes issued by said county that are either overdue or about to become due; provided, that such funds shall not be expended for the payment of vendors until the commonwealth obtains a release of obligation executed by each such vendor which shall be in complete satisfaction of any claim by such vendor against said county and the commonwealth

......................................................................$2,100,000

Local Aid Fund........................................................ 100.0%

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Division of Medical Assistance.

4000-0440

For the payment of prior fiscal years' expenses for a program of medical services for disabled children and adults

......................................................................$1,700,000

Department of Transitional Assistance.

4405-2010

For the payment of prior fiscal years' expenses for special grants recipients of the state supplement to the supplemental security income program residing in rest homes; provided, that all expenditures made from this item shall be subject to the provisions of item 4405-2000 of section 2 of chapter 151 of the acts of 1996

......................................................................$150,000

4408-1010

For the payment of prior fiscal years' expenses of health services provided to recipients of emergency aid to the elderly, disabled, and children; provided, that all expenditures made from this item shall be subject to the provisions of item 4408-1000 of section 2 of chapter 151 of the acts of 1996

......................................................................$700,000

EXECUTIVE OFFICE OF LABOR, EDUCATION AND WORKFORCE DEVELOPMENT.
Board of Higher Education.

7066-0002

For the completion of the community college faculty equity study, so-called, as mandated in Massachusetts Community College Council v. Commonwealth of Massachusetts and consolidated cases

......................................................................$200,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Massachusetts Emergency Management Agency.

8800-0056

For the commonwealth's share of the individual and family grant program, so-called, to assist homeowners who meet said program's financial criteria; provided, that $30,000 from this item may be expended for administrative purposes

......................................................................$1,530,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 1998, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations and to meet certain requirements of law, the sums set forth herein are hereby authorized from the Intragovernmental Service Fund for the several purposes specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1998. The sums authorized herein shall be in addition to any amounts previously authorized and made available for the purposes of said items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.

1599-3102

......................................................................$122,000

SECTION 2C.I. For the purpose of making available in fiscal year 1999 the balances of appropriations which otherwise would revert on June 30, 1998, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 1999; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said general appropriation act; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated from the funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes.

JUDICIARY.
Appeals Court.

0322-0100

......................................................................$80,000

Trial Court.

0330-2202

......................................................................$2,302,507

0337-0003

......................................................................$4,365,300

DISTRICT ATTORNEYS.
Plymouth District Attorney.

0340-0800

......................................................................$37,000

SECRETARY OF STATE.

0527-0100

......................................................................$2,800

TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver-General.

0699-9200

......................................................................$2,453,587

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary.

1100-1101

......................................................................$145,000

Department of Veterans' Services.

1410-0620

......................................................................$5,365,000

Reserves.

1599-0036

......................................................................$1,522,942

1599-3384

......................................................................$6,500,000

1599-3845

......................................................................$12,734,076

1599-3862

......................................................................$400,000

1599-3878

......................................................................$500,000

1599-9711

......................................................................$7,151,242

1599-9713

......................................................................$4,006,508

1599-9714

......................................................................$10,920,246

1599-9715

......................................................................$2,100,000

Information Technology Division.

1790-0107

......................................................................$4,500,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Office of the Secretary.

2010-0100

......................................................................$130,000

Department of Environmental Management.

2100-0005

......................................................................$6,929,640

2100-2045

......................................................................$74,612

Department of Fisheries, Wildlife and Environmental Law Enforcement.

2320-0200

......................................................................$50,000

2330-0120

......................................................................$60,000

Metropolitan District Commission.

2440-0010

......................................................................$2,930,000

2440-1203

......................................................................$50,000

Department of Food and Agriculture.

2520-0300

......................................................................$16,438

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.

4000-0100

......................................................................$60,000

Department of Social Services.

4800-1996

......................................................................$751,349

EXECUTIVE OFFICE OF LABOR, EDUCATION AND WORKFORCE DEVELOPMENT.
Alcoholic Beverages Control Commission.

7006-0100

......................................................................$22,000

Department of Economic Development.

7007-0900

......................................................................$1,603,096

7007-1000

......................................................................$761,471

7007-1300

......................................................................$120,232

Board of Higher Education.

7066-0002

......................................................................$200,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Office of the Secretary.

8001-1900

......................................................................$5,010,170

Massachusetts Emergency Management Agency.

8800-0032

......................................................................$39,036

8800-0034

......................................................................$1,325,270

8800-0051

......................................................................$119,702

8800-0056

......................................................................$1,530,000

Department of Correction.

8900-0019

......................................................................$1,000,000

EXECUTIVE OFFICE OF ELDER AFFAIRS.
Office of the Secretary.

9110-0100

......................................................................$100,000

SECTION 3. Section 2I of chapter 29 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 8, the words "August fifteenth" and inserting in place thereof the following:- October 31.

SECTION 4. The second paragraph of section 2T of said chapter 29, as so appearing, is hereby amended by adding the following sentence:- The comptroller shall transfer to the general fund those payments received from the Massachusetts Water Resources Authority as reimbursement for debt service payments charged to said general fund.

SECTION 5. Section 31 of said chapter 29, as so appearing, is hereby amended by adding the following paragraph:-

The state treasurer or other state official authorized to expend money on behalf of the commonwealth may comply with administrative wage garnishments issued by the federal government for nonpayment of student loans by employees of the commonwealth, by paying to the federal government not more than 10 per cent of the employee's salary or wages. For the purposes of this section, the term "employee" shall mean "employee" as defined in section 1 of chapter 32.

SECTION 6. Section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "nineteen hundred and eighty-eight" and inserting in place thereof the following figure:- 1998.

SECTION 7. Said chapter 62 is hereby further amended by inserting after section 10 the following section:-

Section 10A. (a) A qualified funeral trust shall have the same meaning as in the Code, as amended, on January 1, 1998, effective for taxable years ending on or after August 5, 1997.

SECTION 8. Section 113A of chapter 92 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following sentence:- The comptroller shall transfer to the general fund those payments received from the Massachusetts Water Resources Authority as reimbursement for debt service payments charged to said general fund.

SECTION 9. The fourth sentence of subsection (o) of section 18 of chapter 118G of the General Laws, inserted by section 27 of chapter 170 of the acts of 1997, is hereby amended by striking out the words "payments in anticipation of receipts" and inserting in place thereof:- payments, including payments during the accounts payable period, in anticipation of revenues, including receivables due and collectibles during the months of July and August,.

SECTION 10. The first sentence of paragraph (d) of section 1 of chapter 773 of the acts of 1960, as appearing in section 2 of chapter 684 of the acts of 1963, is hereby amended by striking out the words "the demolition or removal of any buildings or structures on land so acquired or interests in which are so acquired and site preparation" and inserting in place thereof the following words:- the demolition or removal of any buildings or structures, including buildings or structures owned by the commonwealth, on land so acquired or interests in which are so acquired and site preparation.

SECTION 11. The first sentence of the fourth paragraph of section 2 of said chapter 773, as appearing in section 12 of chapter 267 of the acts of 1995, is hereby amended by striking out the word "Seven" and inserting in place thereof the following word:- Six.

SECTION 12. Section 4 of said chapter 773 is hereby amended by striking out clause (c), as appearing in section 5 of chapter 684 of the acts of 1963, and inserting in place thereof the following clause:-

(c) To maintain offices in the town of Amherst and elsewhere within the commonwealth and to conduct meetings of the authority in accordance with the by-laws of said authority and the provisions of the second paragraph of section 59 of chapter 156B of the General Laws.

SECTION 13. Section 7 of said chapter 773 is hereby amended by striking out the second paragraph, as appearing in section 11 of chapter 684 of the acts of 1963.

N.B. — This section has been vetoed by the Lieutenant-Governor, Acting Governor
SECTION 14. Section 10 of said chapter 773, as most recently amended by section 15 of chapter 267 of the acts of 1995, is hereby further amended by striking out the words "one hundred and eighty-two" and inserting in place thereof the following figure:- $200.

SECTION 15. Section 18 of said chapter 773 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The provisions of sections 26 to 29, inclusive, and of sections 44A to 44H, inclusive, of chapter 149 of the General Laws, and sections 39F to 39P, inclusive, and section 39R of chapter 30 of the General Laws are hereby made applicable to the authority. Notwithstanding the foregoing, for projects for which not less than one-half of the funds are from nongovernmental sources, with the approval of the governor, said authority may use an alternative mode of procurement of design and construction including, but not limited to, sequential, construction management, turnkey, design/build procurement and the phasing of such procurement including, but not limited to, approval of design and construction stages as separate or combined phases, which shall most efficiently, economically and best serve the interests of said authority. In all cases, said authority shall use procedures which shall be compatible with the policies and procedures for the selection of designers in sections 38A½ to 38 O, inclusive, of chapter 7 of the General Laws and with the policies and procedures for the selection of contractors in sections 44A to 44H, inclusive, of chapter 149 of the General Laws to the extent feasible in light of the mode selected.

SECTION 16. Item 0321-1510 of section 2 of chapter 43 of the acts of 1997 is hereby amended by striking out the words "fiscal year 1998 only" and inserting in place thereof the following words:- fiscal year 1998 and prior years' bills.

SECTION 17. Said item 0321-1510 of said section 2 of said chapter 43 is hereby further amended by inserting after the words "funds to item 0321-1512" the following words:- and to item 0321-1520.

SECTION 18. Item 0321-1512 of said section 2 of said chapter 43 is hereby amended by striking out the words "fiscal year 1998 only" and inserting in place thereof the following words:- fiscal year 1998 and prior years' bills.

SECTION 19. Said item 0321-1512 of said section 2 of said chapter 43 is hereby further amended by inserting after the words "funds to item 0321-1510" the following words:- and to item 0321-1520.

SECTION 20. Item 0321-1520 of said section 2 of said chapter 43 is hereby amended by striking out, in line 7, the word "only".

SECTION 20A. Said item 0321-1520 is hereby further amended by adding the following words:- and prior years bills; and provided further, that the chief counsel may transfer funds to item 0321-1510 and to item 0321-1512 as necessary pursuant to schedules submitted to the house and senate committees on ways and means 30 days prior to any such transfer.

SECTION 21. Said section 2 of said chapter 43 is hereby further amended by striking out item 0699-9100 and inserting in place thereof the following item:-

0699-9100

For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws; provided, that the state treasurer shall certify to the comptroller a schedule of the distribution of such costs among the various funds of the commonwealth; provided further, that the comptroller shall charge such costs to such funds in accordance with such schedule; provided further, that any deficit in this item at the close of the fiscal year ending June 30, 1998 shall be charged to the various funds or to the general fund or Highway Fund debt service reserves; and provided further, that the unexpended balance remaining in this item at the end of the fiscal year or $25,000,000, whichever is less, shall be deposited with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997 to be used to pay the interest due in fiscal year 1999 or thereafter on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund

......................................................................$27,145,945

SECTION 22. Item 0830-0100 of said section 2 of said chapter 43 is hereby amended by adding the following words:- including prior years' bills.

SECTION 23. Item 1107-2501 of said section 2 of said chapter 43 is hereby amended by inserting after the words "Massachusetts rehabilitation commission" the following words:- , including prior years' bills.

SECTION 24. Said section 2 of said chapter 43 is hereby further amended by striking out item 2100-2030 and inserting in place thereof the following item:-

2100-2030

For the recreational and resource conservation operations of the department; provided, that funds appropriated herein shall be used to operate all of the department's parks, heritage state parks, reservations, campgrounds, beaches and pools and for the oversight of rinks; provided further, that funds appropriated herein shall be used to protect and manage the department's lands and natural resources, including the forest and parks conservation services and the bureau of forestry developments; provided further, that $35,000 shall be expended for a supervisor at Lake Whitehall in the town of Hopkinton; provided further, that not less than $15,000 shall be expended on the preparation and distribution of campground directories; provided further, that no funds from this item shall be made available for payment to true seasonal employees, so-called; provided further, that the city of Newburyport shall receive a grant for the completion of purchase and installation of three new floats in the Merrimack river in the city of Newburyport; provided further, that not less than $125,000 shall be obligated for the Schooner Ernestina commission; provided further, that said commission shall submit a management plan to the house and senate committees on ways and means not later than April 1, 1998; provided further, that the department shall study the feasibility of making the operations of said commission self-sufficient which shall include, but not be limited to, a cost-benefit analysis and the phase-out of the state subsidy by the year 2001; provided further, that such study shall be filed with the house and senate committees on ways and means not later than March 2, 1998; provided further, that $52,500 shall be expended for phase two, so-called, for the improvement and preservation of the Craigville pond and Centerville river system, known as the Red Lily Pond Restoration Project; provided further, that the department shall enter into contracts with the Red Lily Pond Project Association; provided further, that the department shall expend $180,000 for the purchase of a brush breaker, so-called, to be used for the state parks located in the town of Plymouth; and provided further, that $237,829 shall be expended for payments owed, including prior fiscal years, to certain current and former employees as a result of the new classification specification for the department's forester series as approved by the office of employee relations

......................................................................$19,275,747

SECTION 25. Item 4130-3200 of said section 2 of said chapter 43 is hereby amended by striking out the words "Child Care Fund ...... 72.50%" and "General Fund ....... 27.50%" and inserting in place thereof the following words:- "Child Care Fund ...... 64.48%" and "General Fund ....... 35.52%".

SECTION 26. Item 4800-0015 of said section 2 of said chapter 43 is hereby amended by striking out the words "General Fund ...... 85.0%" and "Social Services Program Fund ...... 15.0%" and inserting in place thereof the following words:- "General Fund ...... 89.0%" and "Social Services Program Fund ...... 11.0%".

SECTION 27. Item 4800-1400 of said section 2 of said chapter 43 is hereby amended by striking out the words "Social Services Program Fund ...... 100.0%" and inserting in place thereof the following words:- "Social Services Program Fund ...... 95.80%" and "General Fund ...... 4.20%".

SECTION 28. Item 1599-3850 of section 2A of chapter 99 of the acts of 1998 is hereby amended by striking out the item number "1599-3850" and inserting in place thereof the following item number:- 1599-3861.

SECTION 29. Item 1599-3851 of said section 2A of said chapter 99 is hereby amended by striking out the item number "1599-3851" and inserting in place thereof the following item number:- 1599-3862.

SECTION 30. Item 0411-1000 of section 2 of the general appropriation act for fiscal year 1999 is hereby amended by adding the following words:- , prior appropriation continued.

SECTION 31. Item 0540-1100 of said section 2 of said general appropriation act is hereby amended by striking out the figure "$447,393" and inserting in place thereof the following figure:- $453,493.

SECTION 32. Said section 2 of said general appropriation act for fiscal year 1999 is hereby further amended by striking out item 1201-0160 and inserting in place thereof the following item:-

1201-0160

For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities and that such agencies may expend such funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of such funds; provided further, that federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for said network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority, so-called; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before January 15, 1999 detailing current staffing levels by function and performance indicators, including, but not limited to, TAFDC and non-TAFDC caseloads, collection levels, court cases, paternities established, court orders established, average employee workload, federal reimbursements, projections of such indicators for the remainder of the fiscal year and any deviations of current performance from previous projections

......................................................................$44,127,335

SECTION 33. Item 1410-0400 of said section 2 of said general appropriation act is hereby amended by inserting after the words "Memorial day;" the following words:- provided further, that subject to the approval of the commissioner, not less than $147,473 shall be paid to the town of Oxford as reimbursement for veterans' benefits paid by said town in 1991 to 1994, inclusive;.

SECTION 34. Item 2350-0100 of said section 2 of said general appropriation act for fiscal year 1999 is hereby amended by striking out the figure "$9,208,025" and inserting in place thereof the following figure:- $9,458,025.

SECTION 35. Said section 2 of said general appropriation act is hereby further amended by inserting after item 4400-1100 the following item:-

4400-8998

For the acquisition of computer software for the BEACON project, so-called

......................................................................$1,184,500

SECTION 36. Said section 2 of said general appropriation act is hereby further amended by inserting after item 8910-0108 the following two items:-

8910-1000

For a prison industries revenue retention account for the Hampden sheriff's department; provided, that the department may expend an amount not to exceed $488,554 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to the provisions of chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called

......................................................................$488,554

8910-1100

For a prison industries revenue retention account for the Middlesex sheriff's department; provided, that the department may expend an amount not to exceed $75,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to the provisions of chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called

......................................................................$75,000

SECTION 37. Said general appropriation act is hereby further amended by inserting after section 220 the following section:-
Section 220A. Said chapter 217 is hereby further amended by adding the following section:-
Section 29H. The first justice of the Hampshire probate court may, with the approval of the chief justice of the probate court, designate two employees as deputy assistant registers with the same powers as assistant registers and may revoke any such designation at his pleasure. Such deputy assistant registers shall receive a salary in an amount equal to 15 per cent of the annual salary of the Hampshire county register of probate.

N.B. — This section has been vetoed by the Lieutenant-Governor, Acting Governor
SECTION 37A. Said general appropriation act is hereby further amended by striking out section 225.

N.B. — This section has been vetoed by the Lieutenant-Governor, Acting Governor
SECTION 38. Section 365 of said general appropriation act is hereby amended by striking out the words "not more than" and inserting in place thereof the following:- not less than.

SECTION 39. Notwithstanding the provisions of any general or special law to the contrary, a taxpayer who obtained an automatic extension of time to file his 1996 or 1997 Massachusetts income tax return pursuant to section 19 of chapter 62C of the General Laws and who shall be reporting gain or loss from the sale or exchange of capital assets pursuant to the provisions of chapter 62 of the General Laws shall be allowed an automatic additional extension up to and including October 15, 1999 to file such return.

For the purposes of this section, the commissioner may require the taxpayer to file additional forms or to provide additional information as he deems to be reasonably necessary.

SECTION 40. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of item 7007-0600 of section 2 of chapter 43 of the acts of 1997, not to exceed $150,000, shall be carried forward into fiscal year 1999 and transferred to item 7006-1000 of section 2 of the general appropriation act for said fiscal year for the purposes of said item 7006-1000.

SECTION 41. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend $39,563,174 from the intergovernmental transfer account, within the Uncompensated Care Trust Fund, pursuant to the provisions of subsection (o) of section 18 of chapter 118G of the General Laws, for costs incurred related to Title XIX reimbursable hospital services provided by the University of Massachusetts memorial hospital, or its predecessor state-operated hospital; provided, however, that the University of Massachusetts medical school shall transfer to said intergovernmental transfer account $19,781,587 not later than August 1, 1998. Expenditures made pursuant to this section shall not create recurring liabilities to the commonwealth in future fiscal years.

SECTION 42. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer as of June 30, 1998, into the Collective Bargaining Reserve Fund established by section 82 of chapter 120 of the acts of 1995 the sum of $75,068,136 from the General Fund.

SECTION 43. Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall use funds appropriated in item 7066-0002 of section 2A for completion of the community college faculty equity study, so-called, as mandated in Massachusetts Community College Council v. Commonwealth of Massachusetts and consolidated cases.

SECTION 44. Notwithstanding the provisions of sections 6 and 11 of chapter 70 of the General Laws or any other general or special law to the contrary, a city or town that has entered into an agreement with the board and commissioner of education to avoid appointment of a receiver under section 1K of chapter 69 of the General Laws and, in the judgment of the commissioner of education: (1) does not have adequate school facilities to meet the educational needs of its public school students; and, (2) does not have the fiscal capacity to raise the funds needed to finance the municipal share of essential school construction, renovation or repair projects may establish a school construction reserve account and may, at the close of each fiscal year through the year 2002, transfer into such account all or a portion of any unexpended funds appropriated in any such year to fund school department operating expenses; provided, however, that: (1) the amount transferred to the school construction reserve account in any year shall not exceed 5 per cent of the school department's required net school spending budget for such fiscal year; (2) no such transfer shall be made without the prior written approval of the commissioner of education; (3) funds deposited in such accounts, together with any interest or earnings on such deposits, shall be held in reserve by such city or town for the sole purpose of financing the direct costs or the debt service on bonds issued to fund the direct costs of department of education approved school construction, renovation or repair projects; (4) any funds held in a school construction reserve account that shows no activity other than earnings on deposits for a period of five years shall, in the following year, be transferred back to the school department as an amount in addition to city or town's required annual net school spending appropriation; provided further, that funds transferred back to a school department from an inactive school construction reserve account may be expended by the school committee for any undertaking the committee determines to be in furtherance of efforts to improve the educational programs and services provided to public school students. A city or town that establishes a school construction reserve account in accordance with this section may use funds held in such account to directly finance or to pay debt service on borrowing to finance approved school construction projects; provided, however, that funds from the reserve fund may be used only when and to the extent that the city or town lacks the fiscal capacity to meet its school construction financing obligations from other revenue sources. No withdrawal shall be made from a school construction reserve account of a city or town without the prior review and approval of the commissioner of revenue, who shall verify that such city or town lacks the capacity to meet its school construction financing obligations from other revenues. Notwithstanding any of the foregoing, any such municipality which has withdrawn funds from its school construction reserve account shall, within 20 years of each such withdrawal, repay the full amount withdrawn to the school department from which the reserve funds were originally transferred.

N.B. — This section has been vetoed by the Lieutenant-Governor, Acting Governor
SECTION 44A. Notwithstanding the provisions of any general or special law to the contrary, if the general court overrides vetoes made by the governor which relate to the expenditure or transfer of fiscal year 1998 funds, said comptroller shall make adjustments to the fiscal year 1998 financial statements of the commonwealth to reflect the implementation of any such expenditure or transfer and shall, notwithstanding the provisions of chapter 7A or chapter 29 of the General Laws or any other general or special law to the contrary, attribute any such expenditure or transfer to said fiscal year 1998.

SECTION 45. This act shall take effect as of June 30, 1998.

Approved September 3, 1998.