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Session Law

2000

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Chapter 384 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2001 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 and certain other related matters, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

??????????? SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2001, the sums set forth in section2 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, 2001, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

??????????? SECTION2.

JUDICIARY.

Committee for Public Counsel Services.

0321-1500..................................................................................................................................................$744,433

Social Law Library.

0321-2205..................................................................................................................................................$284,800

0321-2206..................................................................................................................................................$150,000

Appeals Court.

0322-0100..................................................................................................................................................$196,725

Trial Court.

0330-0300..................................................................................................................................................$516,113

0330-2202..................................................................................................................................................$7,031,134

0330-3200.................................................................................................................................................. $1,267,236

0333-0002.................................................................................................................................................. $162,905

0337-0003.................................................................................................................................................. $2,332,529

0339-1003.................................................................................................................................................. $562,514

0339-1004.................................................................................................................................................. $1,400,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary.

1100-1100.................................................................................................................................................. $250,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Division of Marine Fisheries.

2330-0100.................................................................................................................................................. $250,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0600.................................................................................................................................................. $1,000,000

Massachusetts Commission for the Blind.

4110-4000.................................................................................................................................................. $435,634

Massachusetts Rehabilitation Commission.

4120-1000.................................................................................................................................................. $129,322

4120-2000.................................................................................................................................................. $711,170

Department of Youth Services.

4200-0010.................................................................................................................................................. $527,390

Department of Public Health.

4510-0710.................................................................................................................................................. $300,000

4516-1000.................................................................................................................................................. $400,000

4580-1001.................................................................................................................................................. $4,900,000

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.

Joint Labor Management Committee.

7002-0700.................................................................................................................................................. $18,010

DEPARTMENT OF ECONOMIC DEVELOPMENT.

7007-0400.................................................................................................................................................. $200,000

7007-0500.................................................................................................................................................. $250,000

DEPARTMENT OF EDUCATION.

7061-0011.................................................................................................................................................. $1,000,000

7061-9611.................................................................................................................................................. $42,750

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Registry of Motor Vehicles.

8400-0001.................................................................................................................................................. $2,234,753

Parole Board.

8950-0001.................................................................................................................................................. $591,647

??????????? SECTION2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, to provide for certain other activities and projects, 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, 2001, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

DISTRICT ATTORNEYS.

District Attorneys Association.

0340-2102

For the overtime costs of state police officers assigned to the Worcester district attorney's office .

$250,000

Highway Fund ............................................................................................................. ?88.20%

Local Aid Fund .............................................................................................................. ?9.50%

General Fund ................................................................................................................. ?2.30%

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.

Reserves.

1599-7555

For unanticipated lease costs associated with the movement of classrooms at North Shore Community College; provided, that the secretary of administration and finance shall notify the house and senate committees on ways and means not less than 30 days prior to the execution of a lease for said space ................................................................... $250,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-0108

For a reserve to fund the costs associated with the implementation of chapter 141 of the acts of 2000, including but not limited to the administration of the office of patient protection in the department of public health and the managed care oversight board within the executive office of health and human services; provided, that funds appropriated herein may be transferred to other items of appropriation or allocations thereof for the purposes of said implementation ................... $425,000

Division of Medical Assistance.

4000-1500

For expanded pharmacy services for all children to age 18 who are receiving family assistance coverage-premium assistance, so-called, pursuant to section 16C of chapter 118E of the General Laws and under the MassHealth demonstration project established pursuant to sections 9A and 9B of chapter 118E of the General Laws, to the extent that the policies of health insurance with respect to which premium assistance payments are being made for the benefit of such children do not cover such services; provided, that the division of medical assistance shall make such expenditures without regard to the availability of federal reimbursement; provided further, that the division shall seek to obtain federal reimbursement for such expenditures through an amendment to the MassHealth demonstration project waiver, so-called; provided further, that said amendment shall be consistent with said section 16C of said chapter 118E; and provided further, that the division shall pursue the highest level of federal reimbursement for the expenditures authorized herein .................................................. $750,000

Tobacco Settlement Fund ............................................................................................ ?100.0%

Department of Public Health.

4513-1117

For an organ transplant education and outreach program; provided, that the department shall collaborate with the registry of motor vehicles for the development of a public awareness campaign ...........................................

$260,000

Tobacco Settlement Fund ............................................................................................ ?100.0%

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

7004-6667

For a grant to the Medical City project, so-called, in the city of Worcester ................................. $780,000

DEPARTMENT OF EDUCATION.

7010-0042

For grants to cities, towns, or regional school districts for the cost of providing magnet educational programs in accordance with the provisions of sections 37I and 37J of chapter 71 of the General Laws; provided, that any payment made under this appropriation shall be deposited with the treasurer of such city, town or regional school district without further appropriations, notwithstanding the provisions of any general or special law to the contrary; provided further, that any portion of this appropriation may be expended by the state board of education to purchase the services of magnet educational programs; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated herein.............................................................................................$4,800,000

7010-0043

For the equal education improvement fund for cities, towns, or regional school districts pursuant to the provisions of section 1I of chapter 15 of the General Laws; provided, that notwithstanding the provisions of said section 1I of said chapter 15 or section 37D of chapter 71 of the General Laws, pupils qualifying for funding under the equal education improvement fund shall also include those of Hispanic and southeast Asian origin; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding the provisions of any general or special laws to the contrary; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated herein ......................................... $8,448,000

7061-0019

For the office of educational quality and accountability established pursuant to section 55A of chapter 15 of the General Laws .................................................................................................................................................. $3,881,115

BOARD OF HIGHER EDUCATION.

7066-0016

For a program of financial aid to support the matriculation of certain young adults at public and private institutions of higher education; provided, that only young adults in the custody of the department of social services pursuant to a care and protection petition upon reaching the age of 18, or if matriculating at such an institution at an earlier age, shall qualify for such aid; provided further, that no such young adult shall be required to remain in the custody of the department beyond the age of 18 to qualify for such aid; provided further, that said aid shall not exceed $6,000 per recipient per annum; provided further, that the funds appropriated herein shall be available to only eligible young adults enrolled in such institutions in fiscal year 2001; provided further, that no young adult shall be denied such aid based on duration in the custody of said department; provided further, that eligibility for such aid shall be based on establishment of a voluntary agreement between recipient of such aid and said department establishing the terms and conditions for receiving such aid; provided further, that said aid shall be granted after exhausting all other sources of financial support; and provided further, that the board shall establish guidelines for said program in collaboration with said department ............................................................................ $1,200,000

7066-0125

For the purposes of implementing section 15E of chapter 15A of the General Laws to encourage private fundraising by the commonwealth's public institutions of higher education; provided, that funds shall be disbursed on a quarterly basis in proportion to the amount of funds raised by each institution; and provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an equal opportunity to secure matching funds from this item ............................................................................................................................ $10,000,000


??????????? SECTION2B.  To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriations act and other appropriation acts for fiscal year 2001, 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 sum set forth herein is 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 June30, 2001; provided that said sum shall be in addition to any amounts previously authorized and made available for the purposes of said item.


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SECTION3.  Section 49 of chapter 7 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out subsection(a) and inserting in place thereof the following subsection:-

??????????? (a) There shall be within the executive office of administration and finance, but not subject to its control, a public employee retirement administration commission consisting of nine members, three of whom shall be appointed by the governor, three of whom shall be appointed by the state auditor, one of whom shall be the state treasurer, one of whom shall be appointed by mutual agreement of the governor, state auditor and state treasurer and one of whom shall be chosen by the first eight members and who shall be chairman.? Of the three persons appointed by the governor, one shall be the governor or his designee, one shall be a representative of a public safety union and one shall be qualified by having training and experience in the investment of funds as a result of having been principally employed in such occupation for a period of at least ten years.? Of the three persons appointed by the state auditor, one shall be the state auditor or his designee, the president of the Massachusetts AFL-CIO or his designee and one shall be a representative of the Massachusetts Municipal Association.? Each member of the commission shall serve for a term of five years; provided, however, that in making initial appointments, the governor and the state auditor shall each appoint one member for a term of three years and one member for a term of four years.? The members shall serve without compensation but shall receive their necessary expenses incurred in the discharge of their official duties.? Upon the expiration of the term of an appointed member, or the chairman, or a vacancy otherwise created in said positions, the successor for said position shall be appointed in the manner aforesaid, or for the remainder of said term, whichever is applicable.? In the event the representative of a public safety union or the designee of the president of the Massachusetts AFL-CIO is a public employee, he or she shall be granted leave, without loss of pay or benefits and without being required to make up lost time, if on duty, for regularly scheduled work hours while in the performance of responsibilities of the commission.? The public employee retirement administration commission shall select an executive director, and enter into an employment contract with said director.? The provisions of sections 9A, 45, 46 and 46C of chapter30, chapter 31 and chapter150E shall not apply to the executive director or any other employee of the commission.


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SECTION4.Chapter15 of the General Laws is hereby amended by striking out section55A, as so appearing, and inserting in place thereof the following section:-

??????????? Section55A. There shall be established an office of educational quality and accountability, hereinafter referred to as the office, within the department of education but not subject to its control.? The purpose of the office shall be to provide an independent mechanism to verify the efforts of schools and school districts to promote a higher level of academic achievement by students.

??????????? The governor shall appoint a five-member council, known as the educational management audit council, hereinafter referred to as the council.? One member shall be designated by the governor to serve as chairperson of the council.? Residency in the commonwealth shall not be required of the members of the council.? Members shall not be compensated for their service but may be reimbursed for necessary expenses incurred in the performance of their duties.? No members of said council shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth, or serve as a member of any school committee or any board of trustees of a charter school.? Not more than two members of said council may be employed on a full-time basis by any agency of the commonwealth, including a public college or the University of Massachusetts.? Members shall be appointed for terms of five years; provided, however, that of the first members appointed, one shall be appointed for one year,? one for two years,? one for three years, one for four years and one for five years.? Members may be reappointed but no person shall be appointed to serve more than two full terms.? Prior service on said council for a term of less than? five years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term.? If a member is absent from any three regularly scheduled meetings in any calendar year, his position on the said council shall be deemed vacant.? The chairperson of the council shall forthwith notify the governor that such vacancy exists.

??????????? The council shall meet not less than quarterly on a date set by the chairperson and at such other times at the call of the chairperson; provided, however, that the first meeting of the council shall be convened within 30 days after the members have been appointed.? The council shall: (1) establish the annual goals for the office; (2)review and approve the protocols for the audit and inspection of schools and school districts, including regional school districts; (3)review the findings of audits and inspections undertaken by the director pursuant to this section; (4) review the performance of the director of the office; and (5) make recommendations to facilitate the improvement of schools to the governor, the board of education, the general court, and the local school committee or board of trustees, when appropriate.? The council may coordinate with the activities of the board of education to implement section 1J of chapter 69 and with the activities of the education reform and review commission established pursuant to section 79 of chapter 71 of the acts of 1993.

??????????? Subject to appropriation, the council shall employ a director and establish the salary for the director.? Pursuant to the office's appropriation, the director shall employ such inspectors, auditors, professional assistants, attorneys, consultants and other staff as he deems necessary to fulfill the responsibilities of the office and shall determine their salaries and duties.? The provisions of section 45 of chapter 30, chapter 31 and chapter 150E shall not apply to employees of the office.? The request for the annual appropriation required to carry out the mandate of the office shall be submitted by the chairman of the council to the governor, the secretary of administration and finance and the chairman of the board of education.

??????????? The office shall act as an independent auditing body verifying educational measurements and tests conducted by or for the department of education in implementing the mandates and directives of chapter 71 of the acts of 1993.? The office shall perform not less than 24 school district audits annually.? Specifically, the office shall have the following duties: (1)verify the accuracy of reports of schools and districts by conducting or contracting for periodic program and fiscal audits as necessary; (2)investigate allegations of any breach of academic integrity in the administration of any assessments administered by the department of education; (3)undertake inspections of schools and school districts to determine the quality of instruction, the performance of administrative, instructional and other staff and make recommendations about the school and school district goals and performance; (4)review the district's MCAS success plan, if any, submitted to the department of education pursuant to section 1I of chapter 69 and evaluate the implementation of said plan; (5)review the district's implementation of any MCAS grants received to develop or enhance academic support services for students scoring in level 1 or 2; (6)review the impact of unanticipated growth in enrollments and the cost of special education on municipal education budgets, where applicable including, but not limited to, the impact of said costs on other areas of appropriation within the municipal budget; (7)evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments; (8) review the progress of student achievement.

??????????? For the purposes of any inspection, or audit, the director shall have access to all necessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, and regional school district.? Schools, school districts and school personnel shall cooperate with the director for purposes of any inspection or audit pursuant to this section, including but not limited to, participating in interviews and producing books and documents.? The council shall ensure that any instance of noncompliance with law, misfeasance or malfeasance law shall be referred to the attorney general of the commonwealth and the commissioner of education for appropriate action.

??????????? The council shall transmit its findings and any resultant recommendations to the governor, the board of education, the attorney general, the president of the senate, the speaker of the house of representatives, and the clerk of the house of representatives who shall forward the same to the joint committee on education, arts and the humanities.? The council shall compile these audits and inspections into annual reports due each year on the anniversary date of the first meeting of the council.


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SECTION5.  Chapter17 of the General Laws is hereby amended by adding the following section:-

??????????? Section 17.(a)There shall be an advisory council on quality of care in nursing homes to consist of the commissioner of public health, the commissioner of medical assistance, the secretary of elder affairs and 11 persons to be appointed by the governor, two of whom shall be representatives of the nursing home industry, two of whom shall be direct care workers who are certified as nurses' aides, one of whom shall be a registered nurse, one of whom shall be a licensed practical nurse, one of whom shall be a member of a consumer advocacy organization, one of whom shall be a nursing home ombudsman, one of whom shall be an expert in labor recruitment and issues relative to the health care workforce, one of whom shall be a representative of a labor organization representing nursing home direct care workers recommended by the president of the Massachusetts AFL-CIO and one of whom shall be a family member of a nursing home resident.

??????????? (b) The duties of the advisory council shall consist of the following:

??????????? (1) to propose regulations to the department of public health establishing appropriate staffing levels for long term care facilities to ensure quality of care for residents.? In developing such regulations, the council shall consider the staffing ratios recommended by the National Citizens' Coalition for Nursing Home Reform and staffing levels established in other states;

??????????? (2) to evaluate, annually, the required minimum staffing levels for nursing and ancillary nursing personnel set forth in the department of public health's long term care facility regulations and to make recommendations to ensure adequate staffing;

??????????? (3) to submit a report, annually, to the governor and file a copy of said report with the state secretary and the clerks of the senate and house of representatives reflecting any legislative, budgetary and policy recommendations necessary to support and improve quality of care in nursing homes; and

??????????? (4) to study the status of the health care workforce in the commonwealth and develop legislative, budgetary and policy recommendations on labor recruitment and retention, including workforce development, compensation and benefits for staff of long term care facilities.? In developing such recommendations, the council shall consult with individuals and organizations with expertise in the area of labor recruitment and workforce issues.

??????????? (c) Members of the council shall choose the chairperson of the council.? The council shall meet at least four times each year and shall convene special meetings at the call of the chairperson, a majority of the members of the council or the commissioner of public health.? Members of the council shall be appointed for terms of two years and no member shall be appointed to serve more than two consecutive terms.? Upon the expiration of the term of an appointed member, a successor shall be appointed in like manner for a term of two years.? Members of the council shall serve without compensation but shall be reimbursed, subject to appropriation, for expenses actually and necessarily incurred in the discharge of their duties.


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SECTION6.  Subsection(a) of section 4 of chapter 21J of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-

??????????? Reimbursement for the following:.


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SECTION7.  Chapter 29 of the General Laws is hereby amended by striking out section2S, as so appearing, and inserting in place thereof the following section:-

??????????? Section2S. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Underground Storage Tank Petroleum Product Cleanup Fund.? Amounts credited to said fund shall be used, subject to appropriation, for the purposes set forth in chapter 21J.There shall be credited to such fund:any fees, penalties, and other amounts collected pursuant to said chapter 21J; any appropriation, grant, gift, or other contribution explicitly made to such fund; and any interest earned on monies within the fund.? Expenditures made from said fund during any fiscal year shall not exceed the cash balance of said fund as of December 31 of the calendar year preceding the beginning of such fiscal year less the total of the amounts specified in subsections (b), (c), and (d) of section 4 of said chapter 21J; provided, that said expenditures may exceed said cash balance in order to accomplish the purposes of said fund until not later than the fiscal year ending June30, 2007.


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SECTION8.  Section 4E of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

??????????? The board of directors of an educational collaborative shall have the authority to borrow money, enter into long-term or short-term loan agreements or mortgages and to apply for state, federal or corporate grants or contracts to obtain funds necessary to carry out the purpose for which such collaborative is established; provided, that the board of directors has determined that any such borrowing, loan or mortgage is cost-effective and in the best interest of the collaborative and its member municipalities.? Such borrowing, loans or mortgages shall be consistent with the written agreement and articles of incorporation, if any, of the educational collaborative and shall be consistent with standard lending practices.


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SECTION9.  Paragraph(b) of clause 23 of section 21 of said chapter 40, as so appearing, is hereby amended by adding the following sentence:-It shall be a violation of the eighth paragraph of section2 of chapter90 for a person to park a vehicle in the cross hatch areas.


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SECTION10.  The second paragraph of section 22A of said chapter 40, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Any such ordinance, by-law, order, rule or regulation promulgated pursuant to this paragraph shall? contain a penalty of not less than $100 nor more than $300 and shall provide for the removal of a vehicle in accordance with section 22D.This penalty shall not be a surchargeable offense under section113B of chapter175.


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SECTION11.  Chapter51 of the General Laws is hereby amended by striking out section4, as so appearing, and inserting in place thereof the following section:-

??????????? Section4.(a) Registrars, assistant registrars, or boards having similar duties under any general or special law, except in the city of Boston, shall annually in January or February visit or communicate with the residents of each building in their respective cities and towns and, after diligent inquiry, shall make true lists containing, as nearly as they can ascertain, the name, date of birth, occupation, veteran status, nationality, if not a citizen of the United States, and residence on January 1 of the preceding year and the current year, of each person three years of age or older residing in their respective cities and towns.? The police department of a city or town shall, upon request, have access to the lists.? A list of all persons 3 to 21 years of age, inclusive, shall be transmitted by the board of registrars to the respective school committee not later than April 1 of each year.? The list shall contain the name, residence and age or date of birth of each such person; but the names of persons 3 to 16 years of age, inclusive, shall not be disclosed to any person other than the respective school committee or board of trustees of a county agricultural school or a police department.? That proportion of any expenses incurred by the registrars under this section, equal to the proportion that the number of persons under 17 years of age bears to the total number of persons listed thereunder, shall be carried as an item in the school committee budget.

??????????? (b) In the city of Boston, the registrars, assistant registrars or boards having similar duties under any general or special law, shall annually in January or February visit or communicate with the residents of each building in said city and, after diligent inquiry, shall make true lists containing, as nearly as they can ascertain, the name, date of birth, occupation, veteran status, nationality if not a citizen of the United States, and residence on January 1 of the preceding year and the current year, of each person 17 years of age or older residing in said city.? The Boston police department shall, upon request, have access to the lists.

??????????? (c) In any city or town which communicates with residents by mail for the purpose of obtaining such information, the communication shall state in boldface type on the postcard, envelope and printed material contained in such communication the following statement: "Warning - failure to respond to this mailing shall result in removal from the active voting list and may result in removal from the voter registration rolls.".? Registrars, assistant registrars or boards in such cities or towns communicating with residents by mail for the purpose of obtaining such information may require a response under the penalties of perjury.

??????????? (d) The name and address of any person who provides the registrars with a copy of a court order granting protection, or evidence of residence in a protective shelter, or an affidavit signed by a chief of police or his designee that said person is entitled to have certain information withheld from the public under section 24C of chapter 265, shall not appear on the street list and such names shall not be disclosed to any person.? The information collected under this section regarding a person's status as a veteran shall not be a public record and shall only be disclosed to the adjutant general.


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SECTION12.  Section 47C of said chapter 51, as so appearing, is hereby amended by inserting after the word "occupation", in line5, the following words:-,veteran status.


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SECTION13.  Said section 47C of said chapter 51, as so appearing, is hereby further amended by inserting after the word "commissioner", in lines 12 and 13, the following words:-,adjutant general.


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SECTION14.  a) Section 6 of chapter 70B of the General Laws is hereby amended by striking out the last sentence in subsection(e), and inserting in place thereof the following sentence:- Indebtedness incurred under this chapter shall be in excess of the statutory limit, but shall, except as herein provided, otherwise be subject to the applicable provisions of chapter 44.

??????????? b) Section 13 of said chapter 70B is hereby amended, at the end of the last sentence thereof, by striking out the words "pursuant to the provisions of chapter 645 of the acts of 1948 or this chapter".

??????????? c) Notwithstanding any provisions of said chapter 70B or of any other general or special law to the contrary, (i)cities and towns that received approval from the board of education for a school construction grant for a capital school construction project in accordance with the provisions of chapter 645 of the acts of 1948, as amended, before the effective date of section 295 of chapter 159 of the acts of 2000 which repealed said chapter 645, and cities and towns with capital school construction grants for which the board has directed the treasurer to disburse school construction grants in accordance with section 329 of chapter 159 of the acts of 2000 are authorized to borrow for said approved school project under section6(e) of chapter70B; (ii)the reference to chapter 645 of the acts of 1948 in section 19 of chapter 44 of the General Laws and any reference to said chapter645 in any vote of a city, town or regional school district authorizing borrowing for a capital school construction project shall also be deemed to refer to said chapter 70B as the successor statute to said chapter 645; (iii)any school construction project for which the board of education has directed the treasurer to disburse school construction grants in accordance with section 329 of chapter 159 of the acts of 2000 shall be deemed to have been approved by the board for purposes of section 13 of said chapter 70B as of the date of the vote of the board pursuant to which such direction was made; and (iv)any debt for an approved school project approved under chapter 645 of the acts of 1948, as amended, or under section 329 of chapter159 of the acts of 2000 that was incurred by a city or town for such project after the date of such approval but before the effective date of this act is hereby validated, approved and confirmed in all respects and shall be in excess of the statutory debt limit imposed by section 10 of chapter 44 of the General Laws.

??????????? d) Notwithstanding the provisions of any general or special law to the contrary, in the event of the withdrawal of the town of Pembroke from the Silver Lake regional school district, said town and district shall be eligible for the reimbursement percentage rate from the commonwealth for any school building projects resulting from the withdrawal of said town from said district at the reimbursement percentage rate which was in effect prior to the effective date of chapter 159 of the acts of 2000 as set forth in chapter 645 of the acts of 1948, as amended; provided that, said town and district shall not be so eligible for said reimbursement percentage rate if the withdrawal of Pembroke is so approved after June 30, 2001.? Said reimbursement percentage rate shall not remain in effect for any school building projects approved by the department of education pursuant to said chapter 70B after January 1, 2005 or for any school buildings which are unrelated to the withdrawal of Pembroke from said district if approved by said department before said date.? The provisions of this section shall not preclude the town nor the district from separately opting out of the provisions of this section.

??????????? The district is hereby authorized to sell and convey any and all interest in the two school buildings owned by the district in the town of Pembroke to said town upon its withdrawal from said district in accordance with the terms of the Silver Lake Regional School District Agreement.? The town shall be eligible for said reimbursement percentage rate in effect prior to the effective date of said chapter 159 for the costs of said purchase and conveyance at a price not to exceed their appraised value as determined by an independent appraisal which shall be subject to the review and approval of the inspector general, less any amounts the town of Pembroke receives from the sale of its interest in any other regional school district buildings.? The review shall include an examination of the methodology used for said appraisal.? The inspector general shall prepare a report of his review and file said report with the commissioner of education, the house and senate committees on ways and means and the joint committee on state administration.

??????????? The town of Pembroke and the district shall each be eligible for said reimbursement percentage rate in effect prior to the effective date of said chapter 159 for any renovation, or construction costs incurred to provide educationally sound facilities for students in the new Pembroke school system or remaining in the regional school district comprised of Halifax, Kingston, and Plympton.? The monies paid by said town to the district for the purchase of the two school buildings shall be used by the district for the costs of said renovation and construction.? The district's expenditure of said monies for such purposes shall not be eligible for reimbursement from the commonwealth pursuant to said chapter 70B.? Except for the reimbursement percentage as provided in section 10 of chapter 70B of the General Laws, all other provisions of said chapter 70B shall apply to the application of said town and district for school building assistance from the commonwealth.

??????????? e) Notwithstanding any general or special law to the contrary, the total reimbursement for cities, towns and regional school districts for school building projects under section 329 of chapter 159 of the acts of 2000 and school building projects authorized to receive first payments in fiscal year 2001, shall be the final approved project cost, as determined by the board of education, multiplied by either the reimbursement rate in effect before the effective date of said section, as set forth in chapter 645 of the acts of 1948, as amended, or, at the option of the city, town or regional school district, the rate applicable for the city, town, or regional school district pursuant to section 10 of chapter 70B of the General Laws, before the addition of any incentive percentage points.? An election of the reimbursement rate applicable under said section 10 of said chapter 70B shall not apply to payments made in fiscal years before fiscal year 2002.


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SECTION15.  The eighth paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the ninth to fourteenth sentences, inclusive, and inserting in place thereof the following paragraph:-

??????????? The registrar may also furnish a special parking identification placard bearing the designation "International Symbol of Access" to any person who meets the eligibility requirements for handicapped plates prescribed herein.? The placard shall be of such size and design as the registrar shall require and shall be numbered and contain such identifying features and specifications as the registrar shall deem appropriate.? The registrar may also issue a separate identification card identifying the person to whom such placard is issued as the authorized user thereof which shall be carried by the authorized user while the placard is in use.? A placard may be used while a vehicle is parked in a designated handicapped space from which the authorized user is entering or exiting, including immediate drop off or pick up.? For the purposes of this section, "immediate" shall mean within ten minutes.? Only a vehicle bearing private passenger registration or a private passenger vehicle bearing a commercial registration or a vehicle designed and used for the transportation of handicapped persons may be used in conjunction with a placard.? When used by the authorized user, the placard shall be displayed so as to be readily visible through the windshield of the vehicle and in accordance with instructions provided by the registrar from time to time.? Upon application and for good cause shown by the applicant, the registrar may issue to any person both a plate displaying the "International Symbol of Access" and a placard described in this section.? Any person who wrongfully displays a handicapped plate on or a placard in a motor vehicle parked in a designated handicapped parking space or in a regular metered space or in a commercial parking space shall be subject to a fine of $500 for a first offense and $1,000 for a second or subsequent offense.? The registrar shall suspend the operator's license or right to operate of any person found to have violated the provisions of this section relative to the wrongful use or display of a special handicapped plate or parking identification placard for a period of 30 days for a first offense, for a period of 90 days for a second offense and for a period of one year for a third or subsequent offense.? Such suspension shall be in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed for such violation including, but not limited to, those applicable under section 37E of chapter 266.? The registrar may revoke the plate or placard as issued to a person upon a finding that the person to whom the plate or placard was issued willingly and without coercion or duress authorized, permitted or allowed it to be used by another person.? Nothing in this section shall be construed to extend the posted time available for parking in a space designated as commercial or to modify the provisions related to the use of a space designated as commercial other than as is specifically stated in this section.? A penalty under this paragraph shall not be a surchargeable offense under section 113B of chapter 175.


???????????
SECTION16.  Section 1 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out, in line 45, the word "or".


???????????
SECTION17.  Said section 1 of said chapter 115, as so appearing, is hereby further amended by inserting after the word "commonwealth", in line 51, the following:-;or (f) meets all requirements of said clause Forty-third, except that instead of performing wartime service, as so defined, such person served at least one year of continuous active duty as a member of the armed forces of the United States of America, excluding active duty for the training in the national guard or reserves but the last discharge or release from such active duty was under honorable conditions.? Any person who served during such active duty and was awarded a service connected disability by the United States Department of Veterans Affairs, or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran for the purpose of receiving benefits under this chapter notwithstanding the failure to complete one year of continuous active duty.


???????????
SECTION18.  Section 1 of chapter 117A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

??????????? A person eligible for assistance under this chapter who is not maintaining his home and is receiving care in or residing in a licensed nursing home, licensed chronic hospital, licensed rest home or an approved public medical institution as defined in section 8 of chapter 118E, shall retain the first $66.40 of his monthly income for clothing, personal needs and leisure time activities.? If there is no such income or if it is less than the amount of $66.40, such person shall be paid monthly in advance the difference between such income and $66.40.? Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2 of chapter 118A.


???????????
SECTION19.  Chapter 118A of the General Laws is hereby amended by inserting after section 7A the following section:-

??????????? Section7B.A person eligible for financial assistance under this chapter who is not maintaining his home and is in a licensed medical facility which is eligible for medical assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which such person pays a fixed rate, shall retain the first $66.40 of his monthly income for clothing, personal needs and leisure time activities.? If there is no such income or if it is less than the amount of $66.40, such person shall be paid monthly in advance the difference between such income and $66.40.? Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2.


???????????
SECTION20.  Section 15 of chapter 118E of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

??????????? A person eligible for medical assistance under this chapter who is not maintaining his own home and is receiving care in a licensed nursing home, a licensed chronic hospital, a licensed rest home or in an approved public medical institution, shall retain the first $66.40 of his monthly income for clothing, personal needs and leisure time activities.? If there is no such income or if it is less than the amount of $66.40, such person shall be paid monthly in advance the difference between such income and $66.40.? Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who is maintaining his own home and who is receiving state supplementary payments pursuant to sections 1 and 2 of chapter118A.


???????????
SECTION21.  Paragraph (2) of section 16C of said chapter 118E, as so appearing, is hereby amended by adding the following sentence:-All children in the child health insurance program shall receive pharmacy benefits from the division of medical assistance.


???????????
SECTION22.  Chapter180 of the General Laws is hereby amended by inserting after section 17K, inserted by section 21 of chapter 236 of the acts of 2000, the following section:-

??????????? Section17L. Deductions on payroll schedules may be made from the salary of a state, county, municipal or other public employee of an amount which such employee may specify in writing to any state, county or municipal officer or public department head, board, commission or agency by whom or which he is employed, for deposit into a "qualified state tuition program" as defined under the Internal Revenue Code and any prepaid tuition program established under general or special law if such purpose has been approved by the comptroller.? An employee may withdraw such authorization for the deduction by giving at least 60 days notice in writing to the state, county or municipal officer or public department head, board, commission or agency by whom or which he is then employed.? The state treasurer, the common paymaster as defined in section 133 of chapter 175, or the treasurer of the county, municipality or other public employer by which such employee is employed shall deduct from the salary of such employee such amount of authorized deductions as may be certified to him on the payroll and transmit the sum to the specified tuition program.


???????????
SECTION23.  The first sentence of section 203 of chapter 379 of the acts of 1992 is hereby amended by striking out the figure "2001", inserted by section 1 of chapter 174 of the acts of 1999, and inserting in place thereof the following figure:-2002.


???????????
SECTION24.  Section 2A of chapter 475 of the acts of 1993 is hereby repealed.


???????????
SECTION25.  The definition of "Project area" in subsection(a) of section 11 of chapter 294 of the acts of 1996 is hereby amended by adding the following paragraph:-

??????????? Project Area shall also include:

??????????? (1) a certain parcel of land in Everett bounded by Norman street to the north and by the Saugus branch of the Boston and Maine Railroad line on the east, both of which are bounded by Air Force road in the city of Everett; and

??????????? (2) a certain parcel of land in Everett, described as follows:

??????????? Northeasterly by Tremont Street, three hundred ninety-six and 35/100 feet;

??????????? Southeasterly by land formerly of Benjamin Hadley et al, one hundred five and 71/100 feet;

??????????? Southwesterly by land now or formerly of the Boston and Maine Railroad, four hundred two and 26/100 feet;

??????????? Northwesterly by said Railroad land and land now or formerly of the City of Everett, one hundred and thirty-two and 10/100 feet.


???????????
SECTION26.  Clause(i) of paragraph(2) of subsection(j) of said section 11 of said chapter 294, as appearing in section 41 of chapter 235 of the acts of 2000, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-Unless otherwise established by the commission with regard to any individual parcel, such payment in lieu of taxes shall be in an amount equal to the product of the imposed rate, as hereinafter defined, and the value of the property as assessed by the commission from time to time pursuant to paragraph(3).


???????????
SECTION27.  Clause(v) of the first sentence of subsection(b) of section 10 of chapter 152 of the acts of 1997 is hereby amended by striking out, in line4, the word ";and".


???????????
SECTION28.  Said first sentence of said subsection(b) of said section 10 of said chapter 152, as most recently amended by section 19 of chapter 68 of the acts of 1999, is hereby further amended by adding the following two clauses:-(vii) subject to the approval of the collector-treasurer of the city, all amounts recovered by the redevelopment authority, and, except as otherwise approved by the secretary of administration and finance, all amounts recovered by the Authority and the commonwealth, other than amounts recovered on behalf of the department of environmental protection, on account of claims or the settlement thereof pertaining to the convention center development area or the project, including without limitation for costs of response actions taken or to be taken under chapter 21E of the General Laws; and (viii) earnings on investment of proceeds of bonds and notes issued under the authority of sections11 and 12.


???????????
SECTION29.  Section 1 of chapter 208 of the acts of 1997 is hereby amended by striking out the figure "2001", inserted by section 2 of chapter 174 of the acts of 1999, and inserting in place thereof the following figure:-2002.


???????????
SECTION30.  Item 0526-0111 of section 2A of chapter 55 of the acts of 1999 is hereby amended by striking out the words "a historic commemorative clock and accompanying beautification at Cleveland Circle, Boston/Brookline" and inserting in place thereof the following words:-a comprehensive master plan for the Cleveland Circle neighborhood in the Allston-Brighton area of Boston and the initial implementation of such plan.


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SECTION31.  The first paragraph of section 2 of chapter 121 of the acts of 1999 is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:-The permanent easements may allow the college to construct, at grade, a covered loading dock, loading and service facilities and service circulation for use by the state transportation building, other property of the college known as the Emerson Majestic Theater, located at 219 Tremont street in the city of Boston and the new building and at the northwesterly portion of the easement area, at grade, an elevator core and stairs to serve the new building.


???????????
SECTION32.  The third paragraph of section 5 of said chapter 121 is hereby amended by striking out clause(h) and inserting in place thereof the following clause:-

??????????? (h) during construction of the building and any other improvements, there shall be service access and loading available to the state transportation building and all other affected property of the commonwealth, satisfactory to the commissioner and master tenant.


???????????
SECTION33.  Item 0339-1003 of section 2 of chapter 159 of the acts of 2000 is hereby amended by adding the following words:-;and provided further, that $200,000 shall be expended in an alternative probation program honor court, so-called, in the district of Hampshire (Northampton); and provided further, that $90,000 shall be expended for a drug treatment on demand drug offender program, so-called, in the district court of Lawrence.


???????????
SECTION34.  Item 1410-0251 of said section 2 of said chapter 159 is hereby amended by adding the following words:-;and provided further, that $300,000 of the amount appropriated herein shall be made available to said shelter for the sole purpose of making renovations and repairs to ensure compliance with life safety codes and related purposes.


???????????
SECTION35.  Item 2100-2041 of said section 2 of said chapter 159 is hereby amended by adding the following words:-;provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system; provided further, that no such expenditures made in advance of said receipts shall be permitted to exceed 75 per cent of the amount of revenues projected to be credited to said fund by the first quarterly statement required by section 1B; and provided further, that the comptroller shall notify the budget director and the chairmen of the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts credited to said fund in each such quarter and the implications of said variance for expenditures made from such fund.


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SECTION36.  Item 4000-0600 of said section 2 of said chapter 159 is hereby amended by inserting after the word "so-called", the following words:-;provided further, that the division shall expend all necessary amounts to extend the number of nursing facility bed-hold days to 20 for patients of the facility on medical leaves of absence pursuant to section403.


???????????
SECTION37.  Item 7004-3036 of said section 2 of said chapter 159 is hereby amended by inserting after the words "9 regional housing consumer education centers" the following words:-operated by the regional nonprofit housing agencies;.


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SECTION38.  Item 7007-0400 of said section 2 of said chapter 159 is hereby amended by inserting after the words "provided further, that $2,000,000 shall be made available to the South Shore Tri-town Development Corporation to match a $1,000,000 federal grant by the economic development administration of the United States department of commerce and for redevelopment costs including, but not limited to, engineering design, evaluation, and environmental impact reports" the following words:-provided further, that, notwithstanding any other provisions of this item to the contrary, said $1,000,000 shall constitute the sole matching funds necessary for said South Shore Tri-town Development Corporation to qualify for said $2,000,000; provided further, that not less than $200,000 shall be obligated to the western Massachusetts Precision Institute.


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SECTION39.  Item 7030-1003 of said section 2 of said chapter 159 is hereby amended by inserting after the words "provided further, that in its evaluation of applications for such pilot programs, said office may take into consideration schools cumulative grade 4 MCAS scores"? the following words:- provided further, that notwithstanding the provisions of any general or special law to the contrary, any program awarded a grant from said $10,000,000 may expend that portion of the grant awarded for the training of teachers for the program known as Summer Reading Academics, so-called, through August 31, 2001.


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SECTION40.  Item 7061-9611 of said section 2 of said chapter 159 is hereby amended by adding the following words:-;provided further, that $42,750 of the amount appropriated herein shall be made available as a matching grant in order to support the costs of the Danvers High School marching band appearance in the 2001 annual Rose Bowl Parade.


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SECTION41.  Said section 2 of said chapter 159 is hereby further amended by striking out item 7506-0101 and inserting in place thereof the following item:-

7506-0101

For the operation of the Holyoke home information center to be administered by Holyoke Community College; provided, that said home information center shall file a financial and programmatic plan with the house and senate committees on ways and means by September 1, 2001; and provided further, that said plan shall include, but not be limited to, a framework to make the operations of said center self-sufficient not later than fiscal year 2003 .................................... $100,310


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SECTION42.  Item 8000-0010 of said section 2 of said chapter 159 is hereby amended by striking out the words "provided further, that not less than $72,000 shall be provided to the city of Revere for an anti-violence program in the public schools which specifically includes rape prevention counseling and sensitivity training" and inserting in place thereof the following words:-provided further, that not less than $72,000 shall be provided for community policing in the city of Revere.


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SECTION43.  Said section 2 of said chapter 159 is hereby further amended by striking out item 8400-0024 and inserting in place thereof the following item:-

8400-0024

Notwithstanding the provisions of section 2 of chapter 280 of the General Laws, the registry of motor vehicles may expend revenue collected up to a maximum of $3,000,000 pursuant to chapter 90C of the General Laws from assessments for civil motor vehicle infractions; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section 2 of said chapter 280 and shall not affect nor alter the amounts of payments made to cities and towns pursuant to said section 2 of said chapter 280; and provided further, that no costs payable in the AA subsidiary, so-called, shall be charged to this item ................................. $3,000,000


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SECTION44.  Item 1750-0105 of section 2B of said chapter 159 is hereby amended by striking out the figure "$830,000" and inserting in place thereof the following figure:-$1,500,000.


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SECTION45.  Said chapter 159 is hereby further amended by inserting after section483 the following section:-

??????????? Section483A.The suggestion awards board, established pursuant to section 31A of chapter 7 of the General Laws, may make cash awards, pursuant to said section 31A and according to the board's published rules and regulations governing the selection process and criteria, to employees of the commonwealth who are instrumental in identifying or implementing ideas which reduce costs or increase revenues for the commonwealth.? Such awards may be paid, in a manner to be approved by the secretary of administration and finance, from the operating appropriations of each agency which realizes reduced costs, or from money allocated from the Maximization Fund to each agency which realizes increased revenues, as a result of the employee's suggestions or efforts.? The amount of any such award shall equal not more than 10 per cent of the annual reduced costs or increased revenues generated by the employee's suggestion, up to a maximum of $5,000 for any one suggestion.? All such awards shall be reported quarterly to the house and senate committees on ways and means, detailing the recipient of the award, the recipient's department and title, the amount of the award, the reason for the award, and the amount of money saved or realized by the commonwealth.? No person who is not a state employee shall be eligible to receive any such award.


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SECTION45A.  Section45 is hereby repealed.


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SECTION46.  Section 481 of said chapter 159 is hereby amended in the sixth paragraph by striking out the words "December4, 2000" and inserting in place thereof the following:-September30, 2001.


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SECTION47.  Section 1 of chapter 195 of the acts of 2000 is hereby amended by inserting after item 7452-7965 the following item:-7452-8958.


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SECTION48.  Section 1 of chapter202 of the acts of 2000 is hereby amended by striking out the words "General Fund" and inserting in place thereof the following words:-General Capital Projects Fund.


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SECTION49.  Item 4000-1000 of section 2 of chapter 159 of the acts of 2000, as appearing in section 63 of chapter 236 of the acts of 2000, is hereby amended by striking out the words "provided further, that said independent consultant shall file the initial findings of said study, which shall include an estimate of the aggregate cost of any recommended funding enhancements, with the secretary of administration and finance, the clerks of the house of representatives and the senate, and the senate and house committees on ways and means on or before October 15, 2000; provided further, that said secretary shall submit a plan detailing the process for implementing the findings of said study with the senate and house committees on ways and means on or before December 15, 2000" and inserting in place thereof the following words:- provided further, that said independent consultant shall file the initial findings of said study, which shall include an estimate of the? aggregate cost of any recommended funding enhancements, with the secretary of administration and finance, the clerks of the house of representatives and the senate, and the senate and house committees on ways and means on or before December 31, 2000; provided further, that said secretary shall submit a plan detailing the process for implementing the findings of said study with the senate and house committees on ways and means on or before January 31, 2000.


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SECTION50.  Section 88 of chapter 236 of the acts of 2000 is hereby repealed.


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SECTION51.  No funds shall be expended or transferred from item 1599-3973 in section 2A until the board of higher education files with the comptroller and the house and senate committees on ways and means a report detailing the savings, efficiencies, and any other costs or benefits resulting from the reclassification/compensation provisions of the collective bargaining agreement reached between said board and the Massachusetts Teachers Association/Massachusetts Community College Council.? Said report shall identify the baseline number of positions on July 1, 2000 at each community college campus which are affected by such provisions, descriptions of the additional courses, credit hours or other measure of enhanced workload projected to result from implementing said provisions, and projected changes in the number of full-time and part-time personnel projected to result from implementing said provisions.? Said report shall describe how such additional courses, credit hours or other measures of enhanced workload further the mission of each community college campus.

?
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SECTION52.  Notwithstanding any general or special law to the contrary an amount up to $125,000 may be expended annually from the Health Care Security Trust Fund in accordance with the provisions of section 4 of chapter 29D of the General Laws.


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SECTION53.  Notwithstanding any general or special law to the contrary, the Massachusetts highway department and the metropolitan district commission may take all steps necessary and appropriate to fill an illegal dumping ground known as the Granite Rail Quarry, located in the city of Quincy and the Blue Hills Reservation, with Central Artery/Tunnel Project fill material in the interest of protecting the health and safety of the public from the acute and immediate danger posed by said illegal dumping ground; provided, however, that the highway department and the commission shall meet the criteria established by the department of environmental protection for the closure of an unlined illegal dumping ground and for associated site restoration, rehabilitation, reconstruction and improvements; and provided further, that the highway department and the commission shall do so in accordance with the terms and the budget set forth in the interagency agreement between the highway department and the commission dated on or about September 27, 2000, and in accordance with the terms of the certificate of emergency status issued by the Quincy conservation commission on October 9, 2000.


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SECTION54.  The division of health care quality of the department of public health shall develop, in consultation with the nursing home industry and consumer representatives, a confidential consumer satisfaction survey for long-term care facilities.? The division shall conduct said survey at least annually and shall survey consumers of each facility as well as family members, guardians or other resident designees.? The division may survey a representative sample of residents in each facility selected at random to participate in said survey, but the sample of residents shall be of sufficient size to allow for statistically significant comparisons between and among facilities.? The division shall allow family members, guardians or other resident designees to assist a surveyed resident in completing said survey and shall prohibit employees and volunteers of such a facility from assisting a resident with or attempting to influence a resident's response to said survey.? The division shall survey family members or guardians when a resident is mentally incapable of responding to said survey.? In addition to resident surveys, the division shall survey family members and guardians or other resident designees separately.? The division shall ensure that the identities of the survey respondents are kept confidential.? The division shall compile the survey results and make the results available in print as well as electronically.? For the purposes of this section an amount up to $300,000 may be expended from item 4510-0710 of section 2 of chapter 159 of the acts of 2000.


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SECTION55.  The metropolitan district commission shall establish an expendable trust fund for the purpose of supporting the Alewife reservation located in the city of Cambridge and the towns of Arlington and Belmont.? Monies from said trust shall be used for the costs of? the development of a master plan for said reservation and for the design and? construction of improvements to said reservation.

??????????? SECTION56.  (a)As used in this section, the following words shall have the following meanings:-

??????????? "County", Plymouth county, acting through its duly elected commissioners or other duly authorized representatives, or any governmental unit or body succeeding to the rights, properties, powers, duties, and responsibilities of said county.

??????????? "Project", the new land records management facility to be constructed on a site located in the town of Plymouth on a portion of land owned by the county situated on the southeasterly side of Obery street in the town of Plymouth, as shown on land court Plan 2161B entitled "Subdivision Plan of Land in Plymouth, Massachusetts" dated March 14, 1995, filed with Certificate of Title No. 225 in the Plymouth land court division, being a subdivision of the land appearing on land court Plan 2161A, also filed with Certificate of Title No. 225.

??????????? "Registry of deeds", the Plymouth county registry of deeds, or any successor to the rights, powers, duties, and responsibilities thereof, acting through and by the register of deeds or his designee.

??????????? (b) The county may plan, design, construct, equip and furnish a new land records management facility, hereinafter referred to as the "project", to provide suitable and adequate facilities for the registry of deeds.? The design, construction and equipping, construction management, development, financing, leasing or any part of the project and any contract relating directly or indirectly to the design, construction and equipping, construction management, development, financing or leasing shall be exempt from section 26A of chapter 35 of the General Laws.? Said project, however, shall be subject to the applicable provisions of sections 44A to 44J, inclusive, of chapter149 of the General Laws.

??????????? The county may contract with one or more designers for the project following a designer selection procedure adopted in writing, prior to publication requesting applications, complying with the purposes and intent of sections 38A½ to 38O, inclusive, of chapter 7 of the General Laws.

??????????? The county shall be subject to subsection (d) of section 38H of said chapter 7? or, as an alternative, undertake a value engineering review.?? A value engineering review shall include a detailed, systematic analysis of a project design, conducted by a knowledgeable and competent designer or multi-disciplinary team of designers to: (i) evaluate program requirements, design concepts, construction techniques, building systems and materials; (ii) review construction cost estimates and calculate estimated life-cycle costs; and (iii) recommend design changes that will produce a more cost-effective project by eliminating or modifying features that add cost to the facility but do not add to its quality, useful life, utility or appearance.? The county shall require a value engineering review of the conceptual design following completion of the study and program for the project but prior to the acceptance of the study or program by the county.

??????????? (c) For purposes authorized by said subsection(b), notwithstanding the provisions of subsection(d) of section 28 of chapter 35 of the General Laws, the treasurer of said county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding in the aggregate $5,500,000, and may issue bonds or notes of the county therefor which shall bear on their face, Plymouth County Land Records Management Facility, Act of 2000.? The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners.? The county may annually dedicate revenue received by the registry of deeds in the course of its operations for the purposes of meeting debt obligations payable upon issuance of such bonds or notes.? Said revenue will be derived from leased office space to title examiners,? from postage and handling fees and from dedicated deeds excise receipts from the registry of deeds.? Indebtedness incurred hereunder shall, except as herein provided, be subject to chapter 35 of the General Laws.

??????????? (d) No contracts may be entered into for the design, construction, development, financing, management or operation of the project, or any part of the project, without the approval of a majority of the county commissioners.

??????????? The county shall contract with an owner's representative, an official or firm designated by the county with appropriate fiscal, construction and procurement experience to serve as the focal point of responsibility and accountability on the project from the study and design phases through the completion of construction of the project.? Such responsibilities shall include, but shall not be limited to, coordinating communication among the project participants, monitoring the project budget and schedule, and maintaining a central file for project records.? On or before January 1, 2002 said owner's representative shall have obtained certification through the Massachusetts certified public purchasing official program administered by the office of the inspector general.? The owner's representative shall be deemed to be a county employee pursuant to chapter 268A of the General Laws with respect to the project.

??????????? (e) The county and the registry of deeds shall jointly prepare and file a report of the operations and procedures undertaken by the registry of deeds and the county under the provisions of this act with the clerks of the house of representatives and the senate, who shall forward the same to the house and senate chairmen of the committees on counties within 60days after completion of construction.

SECTION57.  Section 45A of this act shall take effect on June 30, 2002.

SECTION58.  Sections 23 and 29 of this act shall take effect on January 1, 2001.

SECTION59.  The remainder of this act shall take effect as of July 1, 2000.

Error