AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1999 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 to make forthwith supplemental appropriations, 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 1999 and for certain other activities and projects, 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, 1999, provided that said sums 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.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Group Insurance Commission.
Reserves.
Information Technology Division.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Metropolitan District Commission.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Department of Social Services.
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Department of State Police.
LEGISLATURE.
Joint Legislature.
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, 1999, provided, that said sums shall be in addition
to any
amounts previously appropriated and made available for the purposes of
said
items.
JUDICIARY.
Committee for Public Council Services.
- 0321-1525
- For compensation of private counsel assigned to criminal cases in prior fiscal years in item 0321-1510 ....................................... $282,227
- 0321-1526
- For compensation of private counsel assigned to family law and mental health cases in prior fiscal years in item 0321-1512 ........ $156,749
- 0321-1527
-
For fees and court costs incurred on behalf of indigent persons in
prior fiscal years in item 0321-1520
.......................................
$242,170
SECRETARY OF STATE.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Boston Convention and Exhibition Center Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Collective Bargaining Reserve Fund
Division of Human Resources.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Department of Environmental Protection.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Department of Social Services.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
DEPARTMENT OF ECONOMIC DEVELOPMENT.
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Criminal History Systems Board.
Department of State Police.
Department of Correction.
Middlesex Sheriff.
NO SECTION 2B.
SECTION 2C.I. For the purpose of making available in fiscal year 2000 balances of appropriations which otherwise would revert on June 30, 1999, 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 2000; 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.
Committee for Public Counsel Services.
Trial Court.
Executive.
Secretary of State.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Group Insurance Commission.
Division of Capital Asset Management and Maintenance.
Department of Revenue.
Department of Veterans' Services.
Reserves.
Division of Human Resources.
Information Technology Division.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Department of Environmental Management.
Department of Environmental Protection.
Metropolitan District Commission.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.
Department of Social Services.
Department of Labor and Workforce Development.
Department of Housing and Community Development.
Department of Economic Development.
Department of Education.
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Office of the Secretary.
Criminal History Systems Board.
Department of State Police.
Department of Correction.
Sheriffs.
LEGISLATURE.
Joint Legislature.
SECTION 2C.II.
For the purpose of making available in fiscal year
2000 balances
of retained revenue and intragovernmental chargeback authorizations which
otherwise would revert on June 30,
1999, the unexpended balances of the authorizations listed below, not to exceed
the amount specified below for each item, are hereby re-authorized for the
purposes of and subject to the conditions stated for the corresponding item in
section 2 or 2B of the general appropriation act for fiscal year 2000;
provided,
however, that for items which do not appear in said section 2 or 2B of said
general appropriation act, the amounts in this section are re-authorized for
the
purposes of and subject to the conditions stated for the corresponding item in
section 2, 2A or 2B of this act or in prior appropriation acts. Amounts in
this
section are re-authorized from the funds designated for the
corresponding
item in said section 2 or 2B of said general appropriation act; provided,
however, that for items which do not appear in said section 2 or 2B of said
general appropriation act, the amounts in this section are re-authorized from
the
funds designated for the corresponding item in section 2, 2A or 2B of
this act or in prior appropriation acts. The sums re-authorized herein shall
be in addition to any amounts available for said purposes.
Department of Corrections.
Middlesex Sheriff.
SECTION 3.
Notwithstanding the provisions of any general or special
law to the contrary, an additional $85,535,000 in revenues derived from the
state lottery shall be distributed to the cities and towns as additional
lottery revenues in accordance with the following
schedule:
ABINGTON | $212,243 | ACTON | $150,786 | ACUSHNET | $151,053 |
ADAMS | $182,246 | AGAWAM | $362,131 | ALFORD | $1,378 |
AMESBURY | $220,944 | AMHERST | $850,297 | ANDOVER | $219,912 |
ARLINGTON | $449,467 | ASHBURNHAM | $83,085 | ASHBY | $46,937 |
ASHFIELD | $18,554 | ASHLAND | $131,156 | ATHOL | $242,253 |
ATTLEBORO | $635,743 | AUBURN | $181,712 | AVON | $37,040 |
AYER | $69,975 | BARNSTABLE | $280,132 | BARRE | $85,434 |
BECKET | $7,787 | BEDFORD | $102,360 | BELCHERTOWN | $167,650 |
BELLINGHAM | $178,330 | BELMONT | $171,992 | BERKLEY | $66,951 |
BERLIN | $20,466 | BERNARDSTON | $29,652 | BEVERLY | $445,443 |
BILLERICA | $484,026 | BLACKSTONE | $142,317 | BLANDFORD | $10,940 |
BOLTON | $20,196 | BOSTON | $7,101,732 | BOURNE | $151,228 |
BOXBOROUGH | $27,826 | BOXFORD | $68,293 | BOYLSTON | $38,381 |
BRAINTREE | $348,219 | BREWSTER | $53,759 | BRIDGEWATER | $398,238 |
BRIMFIELD | $38,665 | BROCKTON | $2,145,823 | BROOKFIELD | $49,331 |
BROOKLINE | $410,763 | BUCKLAND | $25,577 | BURLINGTON | $190,601 |
CAMBRIDGE | $818,076 | CANTON | $174,790 | CARLISLE | $26,013 |
CARVER | $183,951 | CHARLEMONT | $18,185 | CHARLTON | $135,016 |
CHATHAM | $20,905 | CHELMSFORD | $372,670 | CHELSEA | $663,757 |
CHESHIRE | $56,175 | CHESTER | $17,124 | CHESTERFIELD | $14,334 |
CHICOPEE | $1,046,862 | CHILMARK | $497 | CLARKSBURG | $33,924 |
CLINTON | $236,737 | COHASSET | $41,283 | COLRAIN | $25,497 |
CONCORD | $98,604 | CONWAY | $16,625 | CUMMINGTON | $7,304 |
DALTON | $104,261 | DANVERS | $201,299 | DARTMOUTH | $272,610 |
DEDHAM | $236,833 | DEERFIELD | $51,215 | DENNIS | $69,055 |
DIGHTON | $77,822 | DOUGLAS | $81,383 | DOVER | $21,959 |
DRACUT | $443,605 | DUDLEY | $169,830 | DUNSTABLE | $24,162 |
DUXBURY | $113,179 | EAST BRIDGEWATER | $167,619 | EAST BROOKFIELD | $25,782 |
EAST LONGMEADOW | $141,896 | EASTHAM | $19,362 | EASTHAMPTON | $267,878 |
EASTON | $253,041 | EDGARTOWN | $7,172 | EGREMONT | $5,894 |
ERVING | $9,324 | ESSEX | $25,131 | EVERETT | $413,210 |
FAIRHAVEN | $207,918 | FALL RIVER | $2,076,610 | FALMOUTH | $181,288 |
FITCHBURG | $953,360 | FLORIDA | $6,809 | FOXBOROUGH | $167,405 |
FRAMINGHAM | $744,821 | FRANKLIN | $285,796 | FREETOWN | $112,764 |
GARDNER | $475,818 | AQUINNAH | $195 | GEORGETOWN | $74,963 |
GILL | $25,584 | GLOUCESTER | $289,617 | GOSHEN | $8,120 |
GOSNOLD | $71 | GRAFTON | $182,029 | GRANBY | $82,824 |
GRANVILLE | $14,375 | GREAT BARRINGTON | $77,073 | GREENFIELD | $321,227 |
GROTON | $90,287 | GROVELAND | $69,874 | HADLEY | $36,877 |
HALIFAX | $99,478 | HAMILTON | $63,908 | HAMPDEN | $56,083 |
HANCOCK | $2,753 | HANOVER | $115,928 | HANSON | $130,540 |
HARDWICK | $38,453 | HARVARD | $181,307 | HARWICH | $55,791 |
HATFIELD | $28,090 | HAVERHILL | $971,611 | HAWLEY | $3,374 |
HEATH | $8,383 | HINGHAM | $143,803 | HINSDALE | $22,368 |
HOLBROOK | $170,601 | HOLDEN | $186,160 | HOLLAND | $21,215 |
HOLLISTON | $136,849 | HOLYOKE | $1,083,988 | HOPEDALE | $81,830 |
HOPKINTON | $79,760 | HUBBARDSTON | $44,749 | HUDSON | $225,249 |
HULL | $125,167 | HUNTINGTON | $33,404 | IPSWICH | $108,823 |
KINGSTON | $111,020 | LAKEVILLE | $86,439 | LANCASTER | $95,088 |
LANESBOROUGH | $27,979 | LAWRENCE | $2,979,889 | LEE | $60,244 |
LEICESTER | $190,579 | LENOX | $38,850 | LEOMINSTER | $638,884 |
LEVERETT | $20,822 | LEXINGTON | $166,771 | LEYDEN | $9,191 |
LINCOLN | $52,712 | LITTLETON | $66,651 | LONGMEADOW | $131,124 |
LOWELL | $2,727,603 | LUDLOW | $270,693 | LUNENBURG | $122,756 |
LYNN | $1,873,391 | LYNNFIELD | $81,757 | MALDEN | $985,508 |
MANCHESTER | $23,751 | MANSFIELD | $179,866 | MARBLEHEAD | $125,527 |
MARION | $28,808 | MARLBOROUGH | $356,821 | MARSHFIELD | $224,887 |
MASHPEE | $43,494 | MATTAPOISETT | $43,642 | MAYNARD | $129,090 |
MEDFIELD | $89,495 | MEDFORD | $783,977 | MEDWAY | $126,259 |
MELROSE | $336,585 | MENDON | $44,989 | MERRIMAC | $83,580 |
METHUEN | $619,330 | MIDDLEBOROUGH | $283,899 | MIDDLEFIELD | $4,572 |
MIDDLETON | $40,423 | MILFORD | $329,633 | MILLBURY | $184,979 |
MILLIS | $94,474 | MILLVILLE | $36,989 | MILTON | $259,965 |
MONROE | $511 | MONSON | $118,717 | MONTAGUE | $125,871 |
MONTEREY | $2,755 | MONTGOMERY | $8,943 | MOUNT WASHINGTON | $368 |
NAHANT | $32,153 | NANTUCKET | $10,629 | NATICK | $261,177 |
NEEDHAM | $174,893 | NEW ASHFORD | $1,235 | NEW BEDFORD | $2,251,142 |
NEW BRAINTREE | $13,484 | NEW MARLBOROUGH | $5,668 | NEW SALEM | $9,418 |
NEWBURY | $50,540 | NEWBURYPORT | $163,853 | NEWTON | $511,614 |
NORFOLK | $122,988 | NORTH ADAMS | $397,838 | NORTH ANDOVER | $218,376 |
NORTH ATTLEBOROUGH | $326,701 | NORTH BROOKFIELD | $85,922 | NORTH READING | $113,228 |
NORTHAMPTON | $400,048 | NORTHBOROUGH | $120,238 | NORTHBRIDGE | $246,282 |
NORTHFIELD | $36,582 | NORTON | $227,425 | NORWELL | $69,594 |
NORWOOD | $273,097 | OAK BLUFFS | $9,865 | OAKHAM | $21,484 |
ORANGE | $167,373 | ORLEANS | $22,829 | OTIS | $2,962 |
OXFORD | $227,131 | PALMER | $183,545 | PAXTON | $50,339 |
PEABODY | $496,843 | PELHAM | $17,705 | PEMBROKE | $188,250 |
PEPPERELL | $149,068 | PERU | $10,816 | PETERSHAM | $11,915 |
PHILLIPSTON | $24,330 | PITTSFIELD | $764,747 | PLAINFIELD | $5,693 |
PLAINVILLE | $89,160 | PLYMOUTH | $502,548 | PLYMPTON | $30,020 |
PRINCETON | $33,457 | PROVINCETOWN | $16,278 | QUINCY | $1,150,360 |
RANDOLPH | $449,690 | RAYNHAM | $110,641 | READING | $222,444 |
REHOBOTH | $97,267 | REVERE | $727,728 | RICHMOND | $10,884 |
ROCHESTER | $47,136 | ROCKLAND | $265,691 | ROCKPORT | $52,662 |
ROWE | $672 | ROWLEY | $57,000 | ROYALSTON | $17,045 |
RUSSELL | $23,533 | RUTLAND | $76,504 | SALEM | $490,774 |
SALISBURY | $67,678 | SANDISFIELD | $2,485 | SANDWICH | $152,724 |
SAUGUS | $257,996 | SAVOY | $9,907 | SCITUATE | $140,477 |
SEEKONK | $122,360 | SHARON | $153,852 | SHEFFIELD | $21,630 |
SHELBURNE | $25,479 | SHERBORN | $19,617 | SHIRLEY | $158,533 |
SHREWSBURY | $275,930 | SHUTESBURY | $18,956 | SOMERSET | $158,335 |
SOMERVILLE | $1,394,290 | SOUTH HADLEY | $257,518 | SOUTHAMPTON | $58,615 |
SOUTHBOROUGH | $46,178 | SOUTHBRIDGE | $410,692 | SOUTHWICK | $104,918 |
SPENCER | $214,428 | SPRINGFIELD | $3,882,657 | STERLING | $77,346 |
STOCKBRIDGE | $10,344 | STONEHAM | $246,566 | STOUGHTON | $366,778 |
STOW | $49,378 | STURBRIDGE | $92,478 | SUDBURY | $86,791 |
SUNDERLAND | $54,486 | SUTTON | $80,686 | SWAMPSCOTT | $117,987 |
SWANSEA | $187,788 | TAUNTON | $848,082 | TEMPLETON | $133,968 |
TEWKSBURY | $317,165 | TISBURY | $12,293 | TOLLAND | $689 |
TOPSFIELD | $48,359 | TOWNSEND | $139,098 | TRURO | $3,517 |
TYNGSBOROUGH | $129,677 | TYRINGHAM | $1,244 | UPTON | $50,088 |
UXBRIDGE | $157,001 | WAKEFIELD | $253,181 | WALES | $22,583 |
WALPOLE | $220,189 | WALTHAM | $617,820 | WARE | $175,670 |
WAREHAM | $216,862 | WARREN | $77,491 | WARWICK | $10,609 |
WASHINGTON | $7,042 | WATERTOWN | $341,188 | WAYLAND | $70,722 |
WEBSTER | $260,328 | WELLESLEY | $129,890 | WELLFLEET | $7,409 |
WENDELL | $14,879 | WENHAM | $38,057 | WEST BOYLSTON | $76,536 |
WEST BRIDGEWATER | $63,422 | WEST BROOKFIELD | $50,327 | WEST NEWBURY | $31,715 |
WEST SPRINGFIELD | $345,684 | WEST STOCKBRIDGE | $10,171 | WEST TISBURY | $6,097 |
WESTBOROUGH | $112,478 | WESTFIELD | $594,960 | WESTFORD | $161,683 |
WESTHAMPTON | $16,033 | WESTMINSTER | $77,907 | WESTON | $38,562 |
WESTPORT | $118,483 | WESTWOOD | $77,599 | WEYMOUTH | $766,492 |
WHATELY | $13,381 | WHITMAN | $243,098 | WILBRAHAM | $127,640 |
WILLIAMSBURG | $33,333 | WILLIAMSTOWN | $92,252 | WILMINGTON | $165,554 |
WINCHENDON | $175,430 | WINCHESTER | $129,319 | WINDSOR | $6,933 |
WINTHROP | $264,580 | WOBURN | $353,251 | WORCESTER | $3,619,246 |
WORTHINGTON | $12,970 | WRENTHAM | $108,629 | YARMOUTH | $163,341 |
SECTION 4. Section 49 of chapter 29 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 46, the word "or".
SECTION 4A. Said section 49 of said chapter 29, as so appearing, is hereby further amended by inserting after the word "association", in line 49, the following words:- ; or (vi) obligations that have been advance refunded or defeased prior to their maturity, that are fully and irrevocably secured as to principal and interest by moneys or securities described in clauses (i) to (iii), inclusive, held in trust for the payment thereof, and that are not callable prior to maturity except at the option of the holder thereof.
SECTION 5. Said section 49 of said chapter 29, as so appearing, is hereby further amended by striking out, in line 136, the words "less any premium" and inserting in place thereof the following words:- ; provided that the state treasurer may determine to apply all or a portion of any premium received on the sale of any such bonds or note, without appropriation, to the costs of issuance thereof or other financing costs related thereto or to the payment of the principal thereof or sinking fund installments with respect thereto, in which case the amount of any premium so applied shall not be included in the amount of the issue.
NO SECTION 6.
SECTION 7. Section 52 of said chapter 29 is hereby repealed.
SECTION 8. Section 53 of said chapter 29, as appearing in the 1998 Official Edition, is hereby amended by striking out the first four sentences and inserting in place thereof the following three sentences:- Whenever there is to be an issue of bonds or notes of the commonwealth maturing at a time later than three years from their dates, excepting such bonds or notes as are to be issued for the investment of cash in any of the sinking or other established funds of the commonwealth, the state treasurer shall solicit bids for the purchase thereof, and shall provide reasonable notice to the public of such solicitations. The state treasurer may reserve the right to reject any or all bids. If no bid is accepted, the whole or any part of the loan may be awarded to any person.
SECTION 9. Section 53A of said chapter 29, as so appearing, is hereby amended by inserting after the word "Bonds", in line 28, the following words:- or Special Obligation Refunding Bonds, as appropriate,.
SECTION 10. Said section 53A of said chapter 29, as so appearing, is hereby further amended by striking out, in line 39, the words "General Obligation Refunding Bonds" and inserting in place thereof the following words:- refunding bonds issued pursuant to this section.
SECTION 11. Said chapter 29 is hereby amended by striking out section 54, as so appearing, and inserting in place thereof the following section:-
Section 54. The state treasurer may require each bidder submitting a proposal pursuant to section 53, as a condition precedent to the consideration of such bidder's proposal, to submit a good faith deposit or otherwise secure such bidder's proposal, in such manner and amount as the state treasurer shall determine to be appropriate.
SECTION 12. Section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the word "sixty-one A", in line 291, the following words:- , except that in the case of employees who are members of the Massachusetts Correction Officers Federated Union, bargaining unit 4, so-called, of the department of correction, such standards shall be utilized only with regard to individuals whose employment commenced at the department of correction on or after March 1, 1999.
SECTION 13. Chapter 62C of the General Laws is hereby amended by adding the following section:-
Section 86. (a) The administration of the convention center financing surcharges imposed under subsections (d), (e) and (f) of section 9 of chapter 152 of the acts of 1997 is vested in the commissioner. All provisions of this chapter relative to assessment, collection, payment, abatement, verification and administration, including penalties and interest, shall, so far as pertinent, be applicable to the convention center financing surcharges as though they were taxes enumerated in section 2.
(b) The convention center financing surcharge imposed under subsection (d) of section 9 of chapter 152 of the acts of 1997 shall be collected by the operator of the tour or cruise and remitted to the department of revenue on a quarterly basis.
(c) The convention center financing surcharge imposed under subsection (e) of section 9 of said chapter 152 shall be collected by the vendor and remitted to the department of revenue on a quarterly basis.
(d) The convention center financing surcharge imposed under subsection (f) of section 9 of said chapter 152 shall be collected by the operator of the parking facility and remitted to the department of revenue on a quarterly basis.
SECTION 14. The second paragraph of section 16B of chapter 118E of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the definition of "Eligible person" and inserting in place thereof the following definition:-
"Eligible person", a resident of the commonwealth for not less than six months prior to application for enrollment in said program, who is 65 years of age or older, not eligible for pharmacy benefits or coverage under this chapter, who has exhausted, either on a quarterly or annual basis, pharmacy benefits or coverage available to such a resident from a Medicare supplemental insurance policy regulated by chapter 176K or any other third party payor and whose annual income does not exceed 200 per cent of the federal poverty level or the applicable income eligibility limits as provided herein; provided, however, that for the purposes of determining eligibility under this section, countable annual income shall not include the cost of Medicare Part B premiums unless the cost of said premiums is paid by the division.
SECTION 15. Section 53A of chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
Notwithstanding any of the foregoing provisions of this section or the provisions of any other general or special law to the contrary, with respect to federal fiscal years 1999, 2000, and 2001 funds credited to said Unemployment Trust Fund pursuant to section 903 of the federal social security act shall be used solely for the administration of this chapter and shall not be subject to appropriation.
SECTION 16. Section 2 of chapter 38 of the acts of 1995 is hereby amended by striking out item 9000-1806, inserted by section 59 of chapter 120 of the acts of 1995, and inserting in place thereof the following item:-
SECTION 17. Paragraph (d) of section 9 of chapter 152 of the acts of 1997 is hereby amended by adding the following sentence:- For purposes of this paragraph, a ticket shall include any individual or group admission charge for said tour or cruise, whether or not evidenced by a written agreement, and a water-based entertainment cruise shall include any cruise of 24 hours duration or less, conducted partly or entirely within the city of Boston, whose primary purpose is not transportation, but shall not include bare-boat charters so-called.
SECTION 18. The first sentence of paragraph (b) of section 10 of said chapter 152 is hereby amended by striking out the words "and Cambridge" and inserting in place thereof the following words:- , Cambridge, Springfield and Worcester.
SECTION 19. Said first sentence of said paragraph (b) of said section 10 of said chapter 152 is hereby further amended by striking out the words "(vi) in the city of Boston" and inserting in place thereof the following words:- (vi) in the cities of Boston, Springfield and Worcester.
SECTION 20. Item 0321-1520 of section 2 of chapter 194 of the acts of 1998 is hereby amended by adding the following words:- ; and provided further, that the chief counsel may transfer funds from this item to item 0321-1510 and item 0321-1512 as necessary, pursuant to schedules submitted to the house and senate committees on ways and means not later than ten days after such transfer has occurred.
SECTION 21. Item 4130-1000 of said section 2 of said chapter 194 is hereby amended by adding the following words:-
SECTION 22. Item 4130-3100 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 23. Item 4130-3200 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 24. Item 4130-3300 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 25. Item 4130-3600 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 26. Item 4130-3700 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 27. Item 4400-1000 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 28. Item 4400-1100 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 29. Item 4400-9999 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 30. Item 4401-1000 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 31. Item 4403-2000 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 32. Item 4403-2110 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 33. Item 4403-2120 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 34. Item 4800-0041 of said section 2 of said chapter 194 is hereby amended by striking out the words
and inserting in place thereof the following words:-
SECTION 35. Item 8100-0000 of said section 2 of said chapter 194 is hereby amended by adding the following words:- ; and provided further, that not more than $18,000 shall be paid to the Sudbury valley trustees, so-called, for the purposes of repairing the Boston and Maine section house located at Route 20 and Maple avenue in the town of Sudbury for damages incurred to said property in an automobile accident which occurred on June 19, 1997.
SECTION 36. Item 8910-0000 of said section 2 of said chapter 194 is hereby amended by striking out the words "; provided further, that neither Hampshire nor Suffolk counties shall receive additional funding from said balance for county corrections maintenance and operation expenses" and inserting in place thereof the following words:- ; provided further, that Hampshire county shall not receive additional funding from said balance for county correction maintenance and operation expenses.
SECTION 37. Item 1100-1703 of section 2D of said chapter 194 is hereby amended by inserting after the word "benefit" the following words:- and indirect cost.
SECTION 38. Item 1100-1710 of said section 2D of said chapter 194 is hereby amended by inserting after the word "benefit" the following words:- and indirect cost.
SECTION 39. The first sentence of section 318 of said chapter 194 is hereby amended by striking out the figure "$32,000,000" and inserting in place thereof the following figure:- $112,000,000.
SECTION 40. Item 1599-7008 of section 2A of chapter 299 of the acts of 1998 is hereby amended by adding the following words:- ; and provided further, that $64,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of subsection A of section 3 of article 20 of said agreement and shall not expire until June 30, 2000.
SECTION 41. Section 1 of chapter 20 of the acts of 1999 is hereby amended by striking out the words "and shall be for the several purposes and subject to the conditions specified therein" and inserting in place thereof the following words:- herein or in said appropriation acts, and shall be for the several purposes and subject to the conditions specified herein or in said appropriation acts.
SECTION 42. Section 1 of chapter 22 of the acts of 1999 is hereby amended by striking out the words "for the several purposes and subject to the conditions specified therein" and inserting in place thereof the following words:- unless specifically designated otherwise herein or in said appropriation acts and shall be for the several purposes and subject to the conditions specified herein or in said appropriation acts.
SECTION 43. Section 2A of chapter 55 of the acts of 1999 is hereby amended by striking out the item number "0511-0250" and inserting in place thereof the following item number:- 0511-0251.
SECTION 44. Said section 2A of said chapter 55 is hereby further amended by striking out the item number "1100-1400" and inserting in place thereof the following item number:- 1100-1401.
SECTION 45. Said section 2A of said chapter 55 is hereby further amended by striking out the item number "1102-3204" and inserting in place thereof the following item number:- 1102-3203.
SECTION 45A. Said section 2A of said chapter 55 is hereby further amended by striking out the item number "7066-0011" and inserting in place thereof the following item number:- 7066-0013.
SECTION 45B. Said section 2A of said chapter 55 is hereby further amended by striking out the item number "7066-0115" and inserting in place thereof the following item number:- 7066-0118.
SECTION 46. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transitional Escrow Fund. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer shall, effective June 30, 1999, transfer to said Transitional Escrow Fund the sum of $92,000,000 from revenues credited to the General Fund in fiscal year 1999. Expenditures from said fund shall be subject to appropriation.
Said fund shall expire on December 31, 1999, at which time the comptroller shall transfer the unexpended balance in said fund as follows: up to 40 per cent of the unexpended balance in said fund may be transferred to an account established pursuant to the comptroller's authority under sections 8 and 9 of chapter 7A of the General Laws for the purposes specified in section 49 of chapter 29 of the General Laws, and the remaining balance in said fund shall be transferred to the Commonwealth Stabilization Fund established pursuant to section 2H of said chapter 29.
NO SECTION 47.
SECTION 48. Said section 2A of said chapter 55 is hereby further amended by striking out the item number "7515-0100" and inserting in place thereof the following item number:- 7515-0101.
SECTION 49. Section 2F of said chapter 55 is hereby amended by striking out the item number "8100-0001" and inserting in place thereof the following item number:- 8100-0021.
SECTION 50. Notwithstanding the provisions of any general or special law to the contrary, the department of labor and Workforce Development may expend $9,288 from item 7002-0100 of section 2 of chapter 194 of the acts of 1998 for prior year payments and payments to the Council for Adults and Experiential Learning, so-called.
SECTION 51. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer as of June 30, 1999, into the Collective Bargaining Reserve Fund established by section 82 of chapter 120 of the acts of 1995 the sum of $86,000,000 from the general fund.
SECTION 52. Notwithstanding the provisions of any general or special law to the contrary the amounts appropriated in sections 2 and 2A may be expended for prior year bill payments. The provisions of this section shall not apply to items 0521-0006, 2250-2001, 7004-2020, 7007-0920, 8000-0134, 8100-0030, 8900-0020, and 8910-0106 of section 2A.
SECTION 53. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may transfer appropriated funds among items 4000-0500, 4000-0600 and 4000-0700 of section 2 of chapter 194 of the acts of 1998, provided, however, that the amount transferred from any of said items shall not exceed 10 per cent of the appropriation in that item.
SECTION 54. Notwithstanding the provisions of section 276 of chapter 194 of the acts of 1998 to the contrary, the secretary of administration and finance may direct the comptroller to allocate monies from the Maximization Fund to the Massachusetts rehabilitation commission regardless of whether said commission collects net additional revenues in excess of the amount projected in section 1B of said chapter 194; provided, however, that all other provisions of said section 276 of said chapter 194 shall apply to any allocations made pursuant to the provisions of this section.
SECTION 55. (a) As used in this section, the following words shall have the following meanings:-
"Building", the Leverett Saltonstall state office building at 100 Cambridge street in the city of Boston.
"Secretary", the secretary of administration and finance.
(b) Within 30 days after the effective date of this section, the secretary shall cause to be published in the central register under section 20A of chapter 9 of the General Laws in large metropolitan newspapers and professional real estate trade journals a notice requesting proposals from any public or private entity, agency, individual partnership or joint-venture regarding the use, reuse, rehabilitation, renovation, reconstruction, purchase, ownership, lease, construction or development of the building. The secretary may include in the notice any information, restrictions, requirements, conditions or additional provisions that may be necessary to comply with any applicable law, to assist any public or private entity, agency, individual partnership or joint-venture in responding to said notice which are consistent with the purposes of this section.
The notice shall solicit the following proposals:
(1) proposals to purchase the building in its current "as is" condition for its full and fair market value at its highest and best use. Said proposal shall include a plan for use or reuse of said building, including any combination of construction of new office space, rehabilitation of existing office space or development for uses other than only office space. Proposals shall relocate the government agencies and departments having occupied the building with office space in another location, either in the city of Boston or outside said city, including the use of multiple sites for office space; provided, that such sites shall be convenient for the public and to public transportation and convenient for the business of the public departments or agencies so located.
(2) proposals to purchase the building in its current "as is" condition for its full and fair market value as its highest and best use; provided that said proposal shall include the commonwealth's retaining the right to occupy no less than 15 per cent of the building after such reconstruction, repair and rehabilitation of the building for office space for its agencies and departments. Such proposal shall also include a plan for relocating the agencies and departments of the commonwealth as provided in clause (1).
(3) proposals to finance, design, redesign, repair, rehabilitate or reconstruct the building for continued use as office space for the agencies and departments of the commonwealth; provided, that said proposal shall specify a guaranteed price and time for completion of the project and may also recommend alternatives to existing statutory procurement requirements. Such a proposal may provide that: (1) the commonwealth enter into a long-term lease with the developer; or (2) the commonwealth shall retain title to the building but compensate the developer for its work.
(4) proposals of any other type or kind for the use, reuse, rehabilitation, renovation, reconstruction, purchase, ownership, lease, construction or development of the building that the secretary, in his discretion, may include in the notice; provided, that any such proposal shall be consistent with the purposes of this section.
(c) Notwithstanding any general or special law to the contrary, the secretary shall require each proposal requested pursuant to subsection (b) to include proof satisfactory to the secretary of the following: (i) the proponent's financial ability to perform as so required by the proposal; (ii) the proponent's competence and ability to perform as so required by the proposal; (iii) the proponent's ability to secure a surety bond to perform as so required by the proposal; and (iv) any other qualifications, credentials, experience, accreditation or licenses that the secretary may deem necessary.
(d) All responses to the request for proposals provided for in subsection (2) shall be submitted to the secretary on or before 90 days after the publishing of said notice.
(e) Not later than 120 days after the submission of the proposals pursuant to subsection (d), the secretary shall file a written report with the house and senate committees on ways and means and the joint committee on state administration. Said report shall include a cost-benefit analysis comparing the proposals received pursuant to subsection (b) and shall recommend which proposal is most cost-effective; provided, that the secretary shall consider, among others, the following factors as part of said cost-benefit analysis:
(i) cost, feasibility, effectiveness, and timeliness of renovating, rehabilitating or reconstructing the building by the commonwealth for the sole use of its agencies and departments;
(ii) purchase price of the building by public or private entity, individual, agency, partnership or joint-venture;
(iii) cost, feasibility, convenience, availability and effectiveness of relocating agencies and departments now located in the building to other sites either within or outside the city of Boston;
(iv) cost, feasibility, convenience and timeliness of the commonwealth leasing office space within the building from a private or public entity, agency, individual, partnership or joint-venture;
(v) condition and use of the building, including the nature of the current "as is" condition of the building, future maintenance costs, rehabilitation or reconstruction costs and danger, if any, to the health and safety of the users and occupants of the building;
(vi) public convenience to the agencies and departments located in the building;
(vii) availability of financing to the commonwealth or to any private or public entity, agency, individual, partnership or joint venture;
(viii) role of the commonwealth, if any, with any private or public entity, agency, individual, partnership or joint venture to renovate, rehabilitate or reconstruct the building;
(ix) potential for economic development within, near or around the building resulting from the use, reuse, renovation, rehabilitation, construction or reconstruction of the building;
(x) public interest in terms of cost, financial return and convenience to conduct the business of the agencies and departments so located; and
(xi) a comparison of the anticipated cost of and the amount of time required to complete the Saltonstall Building project through a conventional public construction process, as mandated by law, versus any alternative method of construction proposed by said secretary, in consultation with the commissioner of capital asset management and maintenance including, but not limited to, those methods submitted as a result of a request for proposals authorized by subsection (b). The report shall include a copy of all proposals submitted to the secretary, as authorized by said subsection (b), together with the legislation necessary to carry out the proposal selected and endorsed by the secretary.
SECTION 56. The 15 members of the regional transit authorities and the Massachusetts Municipal Association shall jointly investigate and report on the financial impacts of chapter 258 of the General Laws, on regional transit authorities and municipal budgets; provided that said groups shall forward said report and recommendations for legislation to the house and senate clerks, not later than December 30, 1999.
SECTION 57. Notwithstanding the provisions of any general or special law to the contrary, if the general court overrides any veto made by the governor which relates to the expenditure or transfer of fiscal year 1999 funds, said comptroller shall make adjustments to the fiscal year 1999 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 1999.
SECTION 58. The provisions of this act shall take effect as of June 30, 1999.