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  • Acts
  • 2001
  • Chapter 203 AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 2002 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 certain supplemental appropriations forthwith for the fiscal year ending June 30, 2002, and to make certain changes in the law, each of which is necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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


SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2002, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in said appropriation acts for the several purposes and subject to the conditions specified in this act or in said appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2002. The sums appropriated shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

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

1107-2501 .....................................................................................................................................................$100,973


Department of Revenue.

1201-0160 ..................................................................................................................................................... $2,946,570

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Low-Level Radioactive Waste Management Board.

2060-0100 .....................................................................................................................................................$27,404

Department of Environmental Management.

2100-2041 ..................................................................................................................................................... $1,381,660 2100-3010.......................................................................................................................................................$215,240
2310-0200 ......................................................................................................................................................$506,241
2350-0101 .................................................................................................................................................... .$424,324

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Massachusetts Rehabilitation Commission.

4120-5000 .....................................................................................................................................................$312,024

Department of Transitional Assistance.

4403-2120 .....................................................................................................................................................$14,000,000

Department of Public Health.

4510-0710 ..................................................................................................................................................... $442,696
4512-0103 ..................................................................................................................................................... $2,498,420

Department of Social Services.

4800-0014 ..................................................................................................................................................... $1,700,000 4800-0025 ..................................................................................................................................................... $157,173
4800-0050 ..................................................................................................................................................... $144,542

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.

Division of Industrial Accidents.

7002-0500 ..................................................................................................................................................... $1,327,147

OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION.

Division of Banks.

7006-0010 .....................................................................................................................................................$940,000

Department of Telecommunications and Energy.

7006-0070.....................................................................................................................................................$525,500

DEPARTMENT OF EDUCATION.

7010-0042..................................................................................................................................................... $656,961
7010-0043 ..................................................................................................................................................... $814,136
7035-0002 ..................................................................................................................................................... $12,518,165

Cape Cod Community College.

7504-0101 ..................................................................................................................................................... $99,344

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Fire Services.

8324-1500 ..................................................................................................................................................... $225,678

Merit Rating Board.

8400-0100 ..................................................................................................................................................... $535,196

Department of Correction.

8900-0001 ..................................................................................................................................................... $5,894,617 8900-0004 ..................................................................................................................................................... $5,070,027 8900-9999 ..................................................................................................................................................... $3,200,000

To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2002. Said sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.

Department of Mental Health.

1599-7019 For a reserve for the department of mental health; provided, that the comptroller shall transfer funds appropriated in this item, upon the request of the commissioner of mental health, to items in section 2 of chapter 177 of the acts of 2001 which fund the department ...........................................................................................................$16,603,259

Department of Mental Retardation.

1599-7022 For a reserve for the department of mental retardation; provided, that the comptroller shall transfer funds appropriated in this item, upon the request of the commissioner of mental retardation, to items in section 2 of chapter 177 of the acts of 2001 which fund the department ....................................................................................$18,848,010

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Mental Retardation.

5920-2020 For services, including residential and interim services, to clients of the department, including those on the waiting list on July 14, 2000 ........................................................................................................................................$15,000,000

Department of Labor and Workforce Development.

7003-0601 For the summer jobs youth-at-risk program....................................................................................... $508,333

7003-0901 For the operation of a summer jobs program for at-risk youth, including grants to or contracts with public or nonpublic entities; provided, that no funds appropriated in this item shall be allotted or disbursed to any entity or municipality eligible for or requesting funds from this item until the entity has received equal matching funds from private sources....$275,000

DEPARTMENT OF EDUCATION.

7061-9600 For payments to public institutions of higher education for the dual enrollment program ........................$343,641

Local Aid Fund ............100.00%

7061-9615 For the Massachusetts education on-line program to provide on-line service for Massachusetts educators .............................................................................................................................................................................$773,596

Local Aid Fund ...........100.00%

BOARD OF HIGHER EDUCATION.

7066-0009 For the New England board of higher education................................................................................ $500,000

SECTION 3. Section 6 of chapter 14 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following subparagraph:-

Shall be allowed to participate with the division of employment and training in a program which permits employing units subject to chapter 151A to file with the department of revenue a consolidated return which includes, but is not limited to, unemployment insurance, unemployment health insurance, workforce training, income tax withholding and wage reporting information together with the required payment.

SECTION 4. Section 2 of chapter 62E of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The reports shall be submitted quarterly according to a schedule prescribed by the commissioner.

SECTION 5. Subsection (e) of section 6 of chapter 70B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Indebtedness incurred under this chapter shall be outside the statutory debt limit, but shall, except as herein provided, be subject to all applicable provisions of chapter 44.

SECTION 6. Section 13 of said chapter 70B, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words "pursuant to the provisions of chapter 645 of the acts of 1948 or this chapter".

SECTION 7. Section 46 of chapter 151A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(h) Nothing in this chapter shall prohibit the commissioner from participating with the commissioner of revenue in a program which permits employing units subject to this chapter to file with the department of revenue a consolidated return which includes, but is not limited to, unemployment insurance, unemployment health insurance, workforce training, income tax withholding and wage reporting information, together with the required payment.

SECTION 8. Section 47C of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The dependent coverage of any such policy shall also provide coverage for medically necessary early intervention services delivered by certified early intervention specialists, as defined in the early intervention operational standards by the department of public health and in accordance with applicable certification requirements. Such medically necessary services shall be provided by early intervention specialists who are working in early intervention programs certified by the department of public health, as provided in sections 1 and 2 of chapter 111G, for children from birth until their third birthday. Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $3,200 per year per child and an aggregate benefit of $9,600 over the total enrollment period.

SECTION 9. Section 8B of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The dependent coverage of any such policy shall also provide coverage for medically necessary early intervention services delivered by certified early intervention specialists, as defined in the early intervention operational standards by the department of public health and in accordance with applicable certification requirements. Such medically necessary services shall be provided by early intervention specialists who are working in early intervention programs certified by the department of public health, as provided in sections 1 and 2 of chapter 111G, for children from birth until their third birthday. Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $3,200 per year per child and an aggregate benefit of $9,600 over the total enrollment period.

SECTION 10. Section 4C of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The dependent coverage of any such policy shall also provide coverage for medically necessary early intervention services delivered by certified early intervention specialists, as defined in the early intervention operational standards by the department of public health and in accordance with applicable certification requirements. Such medically necessary services shall be provided by early intervention specialists who are working in early intervention programs certified by the department of public health, as provided in sections 1 and 2 of chapter 111G, for children from birth until their third birthday. Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $3,200 per year per child and an aggregate benefit of $9,600 over the total enrollment period.

SECTION 11. Section 4 of chapter 176G of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The dependent coverage of any such policy shall also provide coverage for medically necessary early intervention services delivered by certified early intervention specialists, as defined in the early intervention operational standards by the department of public health and in accordance with applicable certification requirements. Such medically necessary services shall be provided by early intervention specialists who are working in early intervention programs certified by the department of public health, as provided in sections 1 and 2 of chapter 111G, for children from birth until their third birthday. Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $3,200 per year per child and an aggregate benefit of $9,600 over the total enrollment period.

SECTION 12. The first sentence of section 203 of chapter 379 of the acts of 1992 is hereby amended by striking out the figure "2002", inserted by section 23 of chapter 384 of the acts of 2000, and inserting in place thereof the following figure:- 2003.

SECTION 13. Section 17A of chapter 665 of the acts of 1956, inserted by section 6 of chapter 170 of the acts of 2001, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The increase shall not apply to any new large-scale commercial real estate development for which an application for a conditional use permit, exception, zoning map or text amendment or variance has been filed with the appropriate governmental authority before the effective date of the increase or for which an application for a planned development area has been filed with the BRA before the effective date of the increase, whichever occurs first.

SECTION 13A. Item 2100-2041 of section 2 of chapter 177 of the acts of 2001 is hereby amended, in line 2, by striking out the figure "$1,918,340" and inserting in place thereof the following figure:- $3,300,000.

SECTION 14. Item 9110-1630 of section 2 of chapter 177 of the acts of 2001 is hereby amended by adding the following words:- ; and provided further, that notwithstanding any general or special law to the contrary, the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated in this item to item 9110-1633 for case management services and for the administration of the home care program.

SECTION 15. Item 9110-1633 of said section 2 of said chapter 177 is hereby amended by adding the following words:- ; and provided further, that notwithstanding any general or special law to the contrary, the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated in this item to item 9110-1630.

SECTION 16. Section 73A of said chapter 177 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The department of revenue and the Massachusetts aeronautic commission shall report their findings to the joint committee on taxation and the house and senate committees on ways and means on or before January 1, 2006.

SECTION 17. Said chapter 177 is hereby further amended by inserting after section 80 the following section:-

Section 80A. Sections 19, 19A and 73A shall take effect on March 1, 2002.

SECTION 18. Notwithstanding section 6 of chapter 350 of the acts of 1993 to the contrary, a determination of need shall be required in accordance with section 25C of chapter 111 of the General Laws for an acquisition of a unit of medical, diagnostic or therapeutic equipment which is a new technology or which is used to provide an innovative service as those terms are defined in section 25B of said chapter 111 which is to be located in Berkshire county.

SECTION 19. Notwithstanding section 57C of chapter 59 of the General Laws or any other general or special law or rule or regulation to the contrary, for fiscal year 2002, an actual real estate tax bill issued upon the establishment of the tax rate for the fiscal year, after credit is given for any preliminary tax payments previously made, shall be due and payable in 2 installments. The first installment shall be due and payable on February 1, 2002 or 30 days after the actual real estate tax bills are mailed, whichever is later, and the second installment shall be due and payable on May 1, 2002, after which dates, if unpaid, they shall become delinquent.

If the actual real estate tax bills issued in fiscal year 2002 shall not be mailed by January 31, 2002, then, upon the establishment of the tax rate, there shall be a single actual tax bill due and payable on May 1, 2002 or 30 days after the date of the mailing, whichever is later. That tax bill shall represent the full balance owed after credit is given for the preliminary tax payments previously made.

This section shall apply to a city or town that accepts it by vote of its city or town council, subject to its municipal charter, or its board of selectmen.

SECTION 20. Notwithstanding chapter 70B of the General Laws or 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 chapter 645 of the acts of 1948 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 said chapter 159, may borrow for an approved school project under subsection (e) of section 6 of said chapter 70B; (ii) the reference to said chapter 645 in section 19 of chapter 44 of the General Laws and any reference to said chapter 645 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 said section 329 of said chapter 159 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 the direction was made; and (iv) any debt for an approved school project approved under said chapter 645 or under said section 329 of said chapter 159 that was incurred by a city or town for the project after the date of the 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.

SECTION 21. Notwithstanding section 2C.I of chapter 88 of the acts of 2001, the comptroller shall transfer to the General Fund the beginning cash balances of the following items of appropriation: 9621-0000, 9622-8000, 9625-0000, 9626-0010, 9627-0050, 9628-0020, 9632-0040, 9634-2000, 9634-4000, 9634-6000, 9511-8000, 9512-0100, 9514-0000, 9516-0030, 9519-6000, 9731-0000, 9731-0050, 9734-1000, 9735-0000, 9736-0000, 9738-0001, 9738-1120, 9739-0003, 9742-0000, 9743-0000, 9744-1000, 9746-0000, 9747-0010, 9748-0000, 9748-0010, 9749-0100, 9749-0200, 9750-0100.

SECTION 22. Section 13 shall take effect as of November 30, 2001.

SECTION 23. Sections 16 and 17 shall take effect as of July 1, 2001.

Approved December 19, 2001.