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  • Acts
  • 2002
  • Chapter 300 AN ACT MAKING APPROPRIATIONS FOR THE 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 forthwith supplemental appropriations and related changes in certain laws, 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 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, 2002, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

JUDICIARY.
Trial Court.

0330-0300.............................................................................................................................................................$100,000
0330-0317.............................................................................................................................................................$232,756
0332-1200 ............................................................................................................................................................$100,000
0332-1600 ............................................................................................................................................................$100,000
0332-1900 ..............................................................................................................................................................$40,000
0332-2700 ........................................................................................................................................................... $125,000
0332-2800 ..............................................................................................................................................................$30,000
0332-5700 ............................................................................................................................................................$200,000
0332-6500 ............................................................................................................................................................$100,000
0332-6600 ............................................................................................................................................................$100,000
0332-6700.............................................................................................................................................................$201,500
0332-7300 ............................................................................................................................................................$114,588
0332-7400 ............................................................................................................................................................$100,000
0332-7800.............................................................................................................................................................$180,605
0333-0700 ............................................................................................................................................................$222,232
0333-0900 ............................................................................................................................................................$203,397
0333-1300 ..............................................................................................................................................................$52,668
0336-0400 ..............................................................................................................................................................$50,000
0337-0100 ............................................................................................................................................................$270,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of Child Care Services.

4130-1000 .........................................................................................................................................................$2,000,000

Department of Youth Services.

4200-0100 .........................................................................................................................................................$1,071,439
4200-0101 .........................................................................................................................................................$1,212,262
4200-0102 .........................................................................................................................................................$4,232,679

Department of Public Health.

4590-0906..........................................................................................................................................................$1,500,000

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.
Joint Labor Management Committee.

7002-0700 ........................................................................................................................................................... $305,429

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

7004-3036 `......................................................................................................................................................... $141,000

Alcoholic Beverages Control Commission.

7006-0100............................................................................................................................................................$162,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Department of Correction.

8900-0001........................................................................................................................................................ $9,500,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth 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, 2002, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECRETARY OF THE COMMONWEALTH.

0511-0108
The state secretary acting on behalf of the commonwealth may sell, transfer or license the corporations division software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the commonwealth for its interests; provided further, that from the proceeds of such sales or license or use agreements the secretary is hereby authorized to retain and expend revenues not to exceed 10 per cent of the proceeds or $800,000, whichever is greater, for technical activities of the corporations division, the remainder to be deposited in the General Fund; provided further, that said secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department............................... $800,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.

1599-4040
For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were to be paid in fiscal year 2002 or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item; provided further, that not more than $15,676 shall be provided to Timothy M. Burke; provided further, that not more than $25,000 shall be provided to Rahilly pursuant to Rahilly v. Comm (C.A. No. 96-4732); provided further, that not more than $2,090 shall be provided to Rooney pursuant to Rooney v. Comm (C.A. No. 001-11367-REK); provided further, that not more than $1,750 shall be provided to Dr. Spencer A. Moore pursuant to (C.A. 86E0018-GI); provided further, that not more than $863 shall be provided to George N. Asack Sr. pursuant to (C.A. 86E0018-GI); provided further, that not more than $11,028 shall be provided to Hemenway & Barnes pursuant to (C.A. 86Eoo18-GI); provided further, that not more than $825 shall be provided to Lawrence T. Perera pursuant to (C.A. 86Eoo18-GI); provided further, that not more than $11,558 shall be provided to McLean Hospital pursuant to (C.A. 86Eoo18-GI); provided further, that not more than $2,500 shall be provided to Moniz pursuant to Moniz v. Comm (C.A. No. 00-606); provided further, that not more than $7,478 shall be provided to PPA Doody Johnson pursuant to Johnson, PPA Doody v. Grinbert M.D. (C.A. No. USDC-98-1006); provided further, that not more than $29,504 shall be provided to the chief justice for administration and management pursuant to Chief Justice for Administration & Management v. SEIU, Local 254 (C.A. No. 99-5147-F); provided further, that not more than $3,000 shall be provided to Nason pursuant to Nason v. MSP (C.A. No.99-BEM-30); provided further, that not more than $14,024 shall be provided to the Disability Law Center pursuant to Disability Law Center v. Emma Reil (C.A. No. 00-10789-PBS); provided further, that not more than $29,834 shall be provided to M.C.S.C.O.A pursuant to Arbitration between M.C.S.C.O.A. & TRC; provided further, that not more than $25,956 shall be provided to Hemenway & Barnes pursuant to Hemenway & Barnes (C.A. 86E0018-GI); provided further, that not more than $10,683 shall be provided to McLean Hospital pursuant to (C.A. 86E0018-GI); provided further, that not more than $20,000 shall be provided to Jackson pursuant to Jackson v. Dept. Correction (C.A. 93-00892); provided further, that not more than $2,157 shall be provided to Johnson, Hassett & Hanley P.C. pursuant to (Defense Indemnification); provided further, that not more than $220,000 shall be provided to Federation of State Medical Boards pursuant to Federation of State Medical Boards v. BRM (C.A. No. 01-5328B; provided further, that not more than $262,139 shall be provided to the Massachusetts Ambulance Association (C.A. No.00-1262-B); provided further, that not more than $55,689 shall be provided to Bruce Buckley pursuant to Lindsay v. Foley (WOCV 1997-02472); provided further, that not more than $26,114 shall be provided to Michael Shimkus pursuant to Lindsay v. Foley (WOCV1997-02472); provided further, that not more than $65,873 shall be provided to Philip Lindsay pursuant to Lindsay v. Foley (WOCV1997-02472); provided further, that not more than $330 shall be provided to Ivette Vazquez pursuant to Vazquez v. WEL (C.A. No. 01-1197B); provided further, that not more than $13,912 shall be provided to Jessica K. and South Hadley Public schools pursuant to (BSEA#00-0041); provided further, that not more than $52,388 shall be provided to Richard J. Eckler pursuant to Eckler v. DPS (C.A. No. 98-1515); provided further, that not more than $70,000 shall be provided to Lussier pursuant to Lussier v. NAC (C.A. No. 00-0119); provided further, that not more than $43,307 shall be provided to Elias Ganim pursuant to (EEOC v. Commonwealth), (C.A. No. 99cv11233RGS); provided further, that not more than $20,350 shall be provided to Michael O'Connor pursuant to (EEOC v. Commonwealth), (C.A. No.99cv11233RGS); provided further, that not more than $10,882 shall be provided to Rojas Associates, Inc. pursuant to Rojas Associates Inc. v. MDC (C.A. No. 278643); provided further, that not more than $12,000 shall be provided to William Chirstopher pursuant to Christopher v. DMH (C.A. No. 99-00653); provided further, that not more than $18,914 shall be provided to the chief justice for administration and management pursuant to Chief Justice for Administration & Management v. SEIU, Local 254 (C.A. No. 99-5147-F); provided further, that not more than $76,229 shall be provided to Reginald Messac pursuant to Messac v. DMR (C.A. No. 00-10666-JLT); provided further, that not more than $6,000 shall be provided to Holly Lougee pursuant to Lougee v. Tauton State Hospital; provided further that not more than $28,000 to Vezina pursuant to Vezina v. Commonwealth (C.A. No. 00-10666-JLT); provided further, that not more than $375 shall be provided to Brody, Hardoon, Perkins & Keston pursuant to (Defense Indemnification); provided further, that not more than $3,403 shall be provided to Brody, Hardoon, Perkins, & Keston pursuant to (Defense Indemnification); and provided further, that not more than $24,000 shall be provided to Roberts & Hargrove pursuant to Roberts & Hargrove v MSP (C.A. No. 01-01877); and provided further, that $40,546 shall be expended for the towns of Hadley and South Hadley for reimbursement for costs incurred on state property .....$1,268,175

1599-4042
For a reserve for the department of mental retardation to comply with the provisions of the Ricci settlement ......... $7,000,000

1599-8084
For a reserve for public safety costs, including but not limited to, increased security costs for salary and employee related costs for additional state police troopers at Logan airport ...........................................................................................................................................................................$2,500,000

1599-8085
For a reserve for public safety costs, including but not limited to, increased security and protection for the commonwealth from potential terrorist threats related to the aftermath of September 11, 2001............................................................................................................................................$7,000,000

1599-8086
For a reserve for the costs of personnel necessary to maintain minimally safe staffing levels in the trial court; provided further, that no funds shall be disbursed from this item prior to the approval by the house and senate committees on ways and means of a schedule of transfers submitted by the chief justice for administration and management of the trial court; and provided further, that said chief justice shall submit to the house and senate committees on ways and means a quarterly report on the collection of probation fees established pursuant to section 87A of chapter 276 of the General Laws .................................................................................................$2,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Department of Environmental Protection.

2260-8872
For the costs associated with performing targeted audits of real property sites upon which activity and use limitations have been placed pursuant to chapter 21E of the General Laws, as directed by section 43 of chapter 206 of the acts of 1998; provided, that the amount appropriated herein may also be expended on increased site visits by the department, increased oversight and training of licensed site professionals, increased training of department inspectors, and increased enforcement activity and use limitations; and provided further, that the amount appropriated herein shall not exceed the interest earned on the Brownfield Revitalization Fund since its inception............................................................................ $2,482,779

Brownfields Revitalization Fund ..................................................................................................100%

Division of Standards.

7006-0068
The division of standards is hereby authorized to expend an amount not to exceed $250,000 from revenue received from license fees assessed to owners of motor vehicle repair shops..................................................................................................................................................................$250,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Department of State Police.

8100-0515
For the training and related costs of a new state police class of not more than 150 recruits.................................$3,500,000

Registry of Motor Vehicles.

8400-0222
Notwithstanding any general or special law to the contrary, the registry of motor vehicles shall retain up to $2,500,000 of the renewal fees for the purposes of maintaining registry services. The registry shall deposit these funds into a retained revenue account for the purposes of expending these funds; provided, that retention of these funds shall not expire before June 30, 2003..................................................................................................................................................$2,500,000

Franklin Sheriff's Department.

8910-0188
The Franklin sheriff's department may expend for the operation of the department an amount not to exceed $366,500 from revenues received from federal inmate reimbursements; provided, that $500,000 from the reimbursements shall not be available for expenditure and shall be deposited in the General Fund before the retention by the department of any said reimbursements; and provided further, that notwithstanding any general or special law to the contrary, 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 therefore as reported in the state accounting system, prior appropriation continued..$366,500

NO SECTION 2B.

SECTION 2C.I. For the purpose of making available in fiscal year 2003 balances of appropriations which otherwise would revert on June 30, 2002, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2003; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in said section 2 of said general appropriation act; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes.

JUDICIARY.
Trial Court.

0330-0300 ............................................................................................................................................................$100,000
0330-0317 ............................................................................................................................................................$232,756
0330-0400 ............................................................................................................................................................$255,888
0330-4303 ............................................................................................................................................................$120,000
0332-1200 ............................................................................................................................................................$100,000
0332-1600 ............................................................................................................................................................$100,000
0332-1900 ..............................................................................................................................................................$40,000
0332-2700 ............................................................................................................................................................$125,000
0332-2800 ..............................................................................................................................................................$30,000
0332-5700............................................................................................................................................................ $200,000
0332-6500 ............................................................................................................................................................$100,000
0332-6600 ............................................................................................................................................................$100,000
0332-6700 ............................................................................................................................................................$201,500
0332-7300 ............................................................................................................................................................$114,588
0332-7400 ............................................................................................................................................................$100,000
0332-7800 ............................................................................................................................................................$180,605
0333-0700 ............................................................................................................................................................$222,232
0333-0900 ............................................................................................................................................................$203,397
0333-1300 ..............................................................................................................................................................$52,668
0336-0400 ..............................................................................................................................................................$50,000
0337-0100 ............................................................................................................................................................$270,000

SECRETARY OF STATE.

0511-0108 ...........................................................................................................................................................$800,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Fiscal Affairs Division.

1101-2100 ...........................................................................................................................................................$100,000

Division of Capital Asset Management.

1102-3204 ...........................................................................................................................................................$800,000

Reserves.

1599-0033 ........................................................................................................................................................$1,739,599
1599-0051 ...........................................................................................................................................................$426,032
1599-2029............................................................................................................................................................$932,000
1599-2033 ...........................................................................................................................................................$778,000
1599-4040 ........................................................................................................................................................$1,268,175
1599-4042 ........................................................................................................................................................$7,000,000
1599-7102 ........................................................................................................................................................$5,000,000
1599-8084 ........................................................................................................................................................$2,500,000
1599-8085 ........................................................................................................................................................$7,000,000
1599-8086 ........................................................................................................................................................$2,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Department of Environmental Protection.

2260-8872 ....................................................................................................................................................... $2,482,779

Department of Fisheries, Wildlife and Environmental Law Enforcement.

2320-0200 .......................................................................................................................................................... $580,000

Metropolitan District Commission.

2410-1800 ...........................................................................................................................................................$500,000
2440-0010 ........................................................................................................................................................$1,543,028
2440-0501 ...........................................................................................................................................................$591,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

4000-0112 ...........................................................................................................................................................$110,000
4000-0125 .........................................................................................................................................................$5,897,560
4000-1012 .........................................................................................................................................................$2,000,000

Health Care Finance and Policy.

4100-0068 .........................................................................................................................................................$3,000,000

Office of Child Care Services.

4130-1000 ........................................................................................................................................................$2,000,000

Department of Youth Service.

4200-0100 ........................................................................................................................................................$1,071,439
4200-0101 ........................................................................................................................................................$1,212,262
4200-0102 ........................................................................................................................................................$4,232,679

Department of Public Health.

4510-0710 ..........................................................................................................................................................$100,000
4513-1118 ..........................................................................................................................................................$150,000
4590-0906 .......................................................................................................................................................$1,500,000

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Department of Highways.

6010-0010 ............................................................................................................................................................$25,000

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.
Joint Labor Management Committee.

7002-0700 .........................................................................................................................................................$305,429

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.

7003-0604.......................................................................................................................................................$5,800,000
7003-0701.....................................................................................................................................................$23,000,000

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

7004-0089 .........................................................................................................................................................$714,000
7004-3036 .........................................................................................................................................................$141,000

OFFICE OF CONSUMER AFFAIRS.
Division of Standards.

7006-0068..........................................................................................................................................................$250,000

Alcoholic Beverages Control Commission.

7006-0100 .........................................................................................................................................................$162,000

DEPARTMENT OF ECONOMIC DEVELOPMENT.

7007-0950 ..................................................................................................................................................... $1,551,637

EXECUTIVE OFFICE OF PUBLIC SAFETY.
Office of the Secretary of Public Safety.

8000-0000 ..................................................................................................................................................... $1,300,000

Department of State Police.

8100-0515 ..................................................................................................................................................... $3,500,000

Criminal Justice Training Council.

8200-0222 .......................................................................................................................................................... $81,250

Registry of Motor Vehicles.

8400-0222 ..................................................................................................................................................... $2,500,000

Massachusetts Emergency Management Agency.

8800-2000 ....................................................................................................................................................... $719,000
8800-2095 ........................................................................................................................................................$173,000

Department of Correction.

8900-0001 .................................................................................................................................................... $9,500,000

Hampshire Sheriff's Department.

8910-0110 ......................................................................................................................................................... $30,000

Middlesex Sheriff's Department.

8910-0160 ....................................................................................................................................................... $850,000

Franklin Sheriff's Department.

8910-0188 ....................................................................................................................................................... $366,500

SECTION 3. Chapter 3 of the General Laws is hereby amended by inserting after Section 38B the following section:-

Section 38C. (a) For the purposes of this section, a mandated health benefit proposal is one that mandates health insurance coverage for specific health services, specific diseases or certain providers of health care services as part of a policy or policies of group life and accidental death and dismemberment insurance covering persons in the service of the commonwealth, and group general or blanket insurance providing hospital, surgical, medical, dental, and other health insurance benefits covering persons in the service of the commonwealth, and their dependents organized under chapter 32A, individual or group health insurance policies offered by an insurer licensed or otherwise authorized to transact accident or health insurance organized under chapter 175, a nonprofit hospital service corporation organized under chapter 176A, a nonprofit medical service corporation organized under chapter 176B, a health maintenance organization organized under chapter 176G, or an organization entering into a preferred provider arrangement under chapter 176I, any health plan issued, renewed, or delivered within or without the commonwealth to a natural person who is a resident of the commonwealth, including a certificate issued to an eligible natural person which evidences coverage under a policy or contract issued to a trust or association for said natural person and his dependent, including said person's spouse organized under chapter 176M.

(b) Joint committees of the general court and the house and senate committees on ways and means when reporting favorably on mandated health benefits bills referred to them shall include a review and evaluation conducted by the division of health care finance and policy pursuant to this section.

(c) Upon request of a joint standing committee of the general court having jurisdiction or the committee on ways and means of either branch, the division of health care finance and policy shall conduct a review and evaluation of the mandated health benefit proposal, in consultation with other relevant state agencies, and shall report to the committee within 90 days of the request. If the division of health care finance and policy fails to report to the appropriate committee within 45 days, said committee may report favorably on the mandated health benefit bill without including a review and evaluation from the division.

(d) The party or organization on whose behalf the bill was filed shall provide the division of health care finance and policy with any cost or utilization data that they have. All interested parties supporting or opposing the bill shall provide the division of health care finance and policy with any information relevant to the division's review. The division shall enter into interagency agreements as necessary with the division of medical assistance, the group insurance commission, the department of public health, the division of insurance, and other state agencies holding utilization and cost data relevant to the division's review under this section. Such interagency agreements shall ensure that the data shared under the agreements is used solely in connection with the division's review under this section, and that the confidentiality of any personal data is protected. The division of health care finance and policy may also request data from insurers licensed or otherwise authorized to transact accident or health insurance under chapter 175, nonprofit hospital service corporations organized under chapter 176A, nonprofit medical service corporations organized under chapter 176B, health maintenance organizations organized under chapter 176G, and their industry organizations to complete its analyses. The division of health care finance and policy may contract with an actuary, or economist as necessary to complete its analysis. The report shall include, at a minimum and to the extent that information is available, the following:

(1) the financial impact of mandating the benefit, including the extent to which the proposed insurance coverage would increase or decrease the cost of the treatment or service over the next 5 years, the extent to which the proposed coverage might increase the appropriate or inappropriate use of the treatment or service over the next 5 years, the extent to which the mandated treatment or service might serve as an alternative for more expensive or less expensive treatment or service, the extent to which the insurance coverage may affect the number and types of providers of the mandated treatment or service over the next 5 years, the effects of mandating the benefit on the cost of health care, particularly the premium, administrative expenses and indirect costs of large employers, small employers, employees and nongroup purchasers, the potential benefits and savings to large employers, small employers, employees and nongroup purchasers, the effect of the proposed mandate on cost shifting between private and public payors of health care coverage, the cost to health care consumers of not mandating the benefit in terms of out of pocket costs for treatment or delayed treatment and the effect on the overall cost of the health care delivery system in the commonwealth;

(2) the medical efficacy of mandating the benefit, including the impact of the benefit to the quality of patient care and the health status of the population and the results of any research demonstrating the medical efficacy of the treatment or service compared to alternative treatments or services or not providing the treatment or service; and

(3) if the legislation seeks to mandate coverage of an additional class of practitioners, the results of any professionally acceptable research demonstrating the medical results achieved by the additional class of practitioners relative to those already covered and the methods of the appropriate professional organization that assures clinical proficiency.

SECTION 4. Chapter 9 of the General Laws is hereby amended by inserting after section 20A, as appearing in the 2000 Official Edition, the following section:-

Section 20B. In order to assist in the education of citizens relating to government activities including but not limited to voter registration the department may accept gifts, contributions and bequests and in-kind contributions from individuals, corporations, foundations and from federal or state government bodies for purposes of furthering the department's programs.

SECTION 5. Chapter 10 of the General Laws is hereby amended by striking out section 35M, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-

Section 35M. There shall be established upon the books of the commonwealth a separate fund to be known as the Board of Registration in Medicine Trust Fund to be used, without prior appropriation, by the board of registration in medicine established in section 10 of chapter 13. Forty per cent of the revenues collected by said board shall be deposited into said trust fund; provided however, that 100 per cent of revenues collected by the board that are generated by any increase in the licensing fee occurring after January 1, 2002 shall be deposited into said trust fund. All monies deposited into said fund shall be expended exclusively by the board for its operations and administration; but, any unexpended balance at the end of the fiscal year shall revert to the General Fund. The board may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts; but no expenditure shall be made from said fund which shall cause said fund to be in deficit at the close of a fiscal year.

SECTION 6. Chapter 10 of the General Laws is hereby amended by striking out section 35S, as so appearing, and inserting in place thereof the following section:-

Section 35S. There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of education, which shall be known as the Teacher, Principal and Superintendent Quality Endowment Fund. The fund shall consist of all revenues from public and private sources as appropriations, gifts, grants and donations and from the federal government as reimbursements, grants-in-aid or other receipts to further the purposes of the fund in accordance with sections 19B, 19C and 19E of chapter 15A. All revenues credited to the fund under this section shall remain in the fund and shall be expended without further appropriation for applications pursuant to said sections 19B, 19C and 19E of said chapter 15A. The state treasurer shall deposit and invest monies in said fund in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund. The fund shall be expended only for the purposes stated in said sections 19B, 19C and 19E of said chapter 15A at the direction of the commissioner. On February 1 of each year, the state treasurer shall notify the commissioner of the projected investment earnings of the fund for the upcoming fiscal year. The treasurer shall authorize the expenditure of an amount not to exceed the interest earnings of the fund, or $3,600,000, whichever is greater. Not more than 42 per cent of expenditures from the fund shall be for the purposes stated in said section 19C of said chapter 15A in each fiscal year, and not more than 15 per cent shall be for the purposes stated in said section 19E of said chapter 15A.

SECTION 7. The third paragraph of paragraph (c) of section 3 of chapter 29D of the General Laws, as appearing in section 16B of chapter 177 of the acts of 2001, is hereby amended by striking out the last sentence.

SECTION 7A. The fourth paragraph of said paragraph (c) of said section 3 of said chapter 29D, as so appearing, is hereby amended by striking out the last sentence.

SECTION 8. (A) Chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. Any return, document or tax payment required or permitted to be filed under this chapter shall be filed with or transmitted to the commissioner in such manner, format and medium as the commissioner shall from time to time prescribe; shall contain such information as the commissioner deems pertinent; and shall contain or be accompanied by a declaration, in such form as prescribed by the commissioner, that such return or document is made under the penalties of perjury. Any return, document or payment submitted in a manner or medium other than that prescribed by the commissioner shall not be deemed to have been filed.

(B) Subsection (A) shall be effective for tax years beginning on or after January 1, 2003.

SECTION 9. Paragraph 4 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following clause:-

(iv) the deduction allowed by section 168(k) of said Code.

SECTION 10. Subparagraph (c) of paragraph 5 of said section 30 of said chapter 63, as so appearing, is hereby amended by striking out clause (iv).

SECTION 11. Section 8 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

The board shall create a separate priority list for projects that have completed a project application after August 30, 2001. The board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to subsections 1 to 8, inclusive. Projects placed on the priority list shall not be re-ranked. The board shall provide funding for projects in the order of placement on the list first, by the year the board received the application, then by the application's priority category.

SECTION 12. Subsection (h) of section 5 of chapter 128A of the General Laws, as appearing in section 9 of chapter 139 of the acts of 2001, is hereby amended by inserting after clause (2) the following clause:-

(A) To pay, subject to appropriation, the state racing commission's expenses in excess of its appropriation for the costs to conduct each racing performance held by a racing meeting licensee, including racing meeting licensees conducting racing in conjunction with an agricultural fair; but said expenditures shall not exceed $600,000 per fiscal year. Said payments shall include, but not be limited to, the cost of stewards, associate stewards, judges, associate judges, paddock judges, track judges, testing assistants, veterinarians, accountants, drug testing, and state police as well as any travel associated with those performances. The state racing commission shall file a report with the house and senate committees on ways and means on January 15 of each year detailing the amount of costs in excess of its appropriation and the amount of payments raised to cover said excess costs delineated by type.

SECTION 13. The third paragraph of section 87A of chapter 276 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first and second sentences and inserting in place thereof the following 2 sentences:- The court may not waive payment of said probation fee unless it determines after a hearing and upon written finding that such payment would constitute an undue hardship on said person or his family due to limited income, employment status or any other factor. Following the hearing and upon such written finding that such payment would cause such undue hardship then in lieu of payment of said probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department, for not less than 1 day per month.

SECTION 14. Paragraph (i) of subsection (a) of subdivision (1) of section 4A of chapter 1078 of the acts of 1973, as appearing in section 1 of chapter 589 of the acts of 1987, is hereby amended by striking out the second and third sentence and inserting in place thereof the following 2 sentences:- The committee shall be composed of 15 members including a chairman and a vice-chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: 3 firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; 3 police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Boston Patrolmen's Association IUPA, AFL-CIO, the Massachusetts Coalition of Police, IUPA, AFL-CIO; and the Massachusetts Police Association and 6 from nominations submitted by the Advisory Committee on Local Government established under section 62 of chapter 3 of the General Laws.

SECTION 15. Item 1102-7967 of section 2 of chapter 12 of the acts of 1996 is hereby amended by striking out, in lines 21 and 22, the words "the Essex county jail and house of correction" and inserting in place thereof the following words:- a regional holding facility located in the county formerly known as Essex and any mitigation costs associated with locating the facility in the host community.

SECTION 16. Section 1 of chapter 297 of the acts of 1998, as amended by section 9 of chapter 88 of the acts of 2001, is hereby further amended by striking out, in line 7, the words "June 30, 2002" and inserting in place thereof the following words:- June 30, 2003.

SECTION 17. Section 32 of chapter 141 of the acts of 2000 is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The advisory committee shall file its final recommendations based on the final report of the independent consultant with the clerks of the house of representatives and the senate on or before September 13, 2002.

SECTION 18. Section 355 of chapter 159 of the acts of 2000 is hereby amended by striking out the fifth sentence.

SECTION 19. Section 2 of chapter 177 of the acts of 2001 is hereby amended by striking out item 1599-7102 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1599-7102 `tc4 For the design and construction of an integrated science facility at the University of Massachusetts, Amherst and on behalf of a University affiliate Baystate Medical Center, in the city of Springfield, a life science research facility, as part of the pioneer valley life sciences initiative; provided, that funds appropriated herein may be transferred to the University of Massachusetts Building Authority reserved in equal amounts for each facility; provided further, that of the funds appropriated herein, those applied to the life science research facility in Springfield may be paid in the form of lease payments for a term of up to 20 years; provided further that no funds shall be transferred from this item for a phase of construction until the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that all sources of funding for that phase of the facility have been committed and are available as necessary for commencement of design and construction; provided further, that said written certification shall include copies of all business plans, letters of financial commitment and other documentation as said secretary deems necessary to certify that all other sources of funding have been secured; provided further, that the University of Massachusetts Building Authority shall submit to the clerks of the house and senate a report which includes the following: (1) a copy of the memorandum of understanding between the University of Massachusetts and Bay State Medical center which shall provide for provisions addressing the respective intellectual and other property rights and interests of the parties, the disbursement and assignment of profits royalties and other benefits, and ethical rules and disclosure requirements of the public and private employees, (2) a detailed list of all private donors and amounts donated for each facility, (3) a plan for design, construction, operation and maintenance and all associated costs and revenues of each facility, including the projected timeline for the completion of all phases of said project, and (4) a description of proposed title to any and all assets associated with each facility; provided further, that said secretary shall not expend any funds until such report is filed with the house and senate committees on ways and means; provided further, that in the construction and financing of said integrated science facility, notwithstanding any general or special law to the contrary, said authority may use an alternative mode of procurement of design and construction, including but not limited to, sequential construction management, turnkey, design/build procurement and the phasing of such procurement, including, but not limited to, approval of design and construction stages as separate for combined phases; provided further, that the ability to ensure labor harmony during all phases of these projects shall be determined so as to most efficiently, economically and best serve the interests of said authority, provided further, that the authority may assess liquidated damages and terminate any contract for failure to maintain said labor harmony, provided further that the payment of prevailing wages shall be required for all phases of these projects as follows: the rate per hour of the wages paid to mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public works shall not be less than the rate or rates of wages to be determined by the commissioner pursuit to chapter 149 of the General Laws; provided, that the wages paid to laborers employed on said works shall not be less than those paid to laborers in the municipal service of the town or towns where said works are being constructed; provided, further, that where the same public work is to be constructed in two or more towns, the wages paid to laborers shall not be less than those paid to laborers in the municipal service of the town paying the highest rate; provided, further, that if, in any of the towns where the works are to be constructed, a wage rate or wage rates have been established in certain trades and occupations by collective agreements or understandings in the private construction industry between organized labor and employers, the rate or rates to be paid on said works shall not be less than the rates so established; provided further, that in towns where no such rate or rates have been so established, the wages paid to mechanics, teamsters, chauffeurs and laborers on public works, shall not be less than the wages paid to the employees in the same trades and occupations by private employers engaged in the construction industry. This section shall also apply to regular employees of the commonwealth or of a county, town, authority or district, when such employees are employed in the construction, addition to or alteration of public buildings for which special appropriations of more than $1,000 are provided. Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided, and in accordance with sections 27, 27A, 27B, 27C, 27D, and 27F of chapter 149 of the General Laws; provided further the university of Massachusetts and Bay State Medical Center shall enter into an agreement to form a not-for-profit corporation as defined in the United States Code ? `tc6 $5,000,000 `tcol;end

SECTION 20. Item 2410-1500 of said section 2 of said chapter 177 is hereby amended by striking out the figure "$2,639,494" and inserting in place thereof the following figure:- $2,489,494.

SECTION 21. Item 2410-1800 of said section 2 of said chapter 177 is hereby amended by striking out the figure "$1,412,258" and inserting in place thereof the following figure:- $1,562,258.

SECTION 22. Item 4000-0112 of said section 2 of said chapter 177 is hereby amended by striking out, in lines 50 to 52, inclusive, the words "provided further, that $250,000 shall be expended for Kamp for Kids, so called, operated by Abilities Unlimited in the city of Westfield" and inserting in place thereof the following words:- provided further, that $250,000 shall be expended for site preparation and construction of a new building for Kamp for Kids, so called, operated by Abilities Unlimited in the city of Westfield.

SECTION 22A. Item 4000-0300 of said section 2 of said chapter 177 is hereby amended by striking out the figure "$140,400,000" and inserting in place thereof the following figure:- $186,400,000.

SECTION 23. Item 4403-2120 of said section 2 of said chapter 177 is hereby amended by adding the following words:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc5 General Fund ? 85% Transitional Aid to Needy Families Fund ? 15% `tcol;end

SECTION 24. Item 7003-0604 of said section 2 of said chapter 177 is hereby amended by adding the following words:- ; and provided further, that the funds shall be available as a grant to the Commonwealth Corporation to enable a multiyear program to provide grants and produce, disseminate and implement best practices in Massachusetts long-term care industry; provided further, that the corporation shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures, obligations and program performance; provided further, that these funds shall remain available for this purpose until June 30, 2005.

SECTION 25. Said section 2 of said chapter 177 of the acts of 2001 is hereby amended by striking out item 8910-0160 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 8910-0160 `tc4 For a retained revenue account for the Middlesex sheriff's department for reimbursements from the federal government for costs associated with the incarceration of illegal aliens at the Billerica house of correction; provided, that the department may expend an amount not to exceed $1,700,000 from revenues collected from the incarceration of illegal aliens for operations of the department, renovation of a new training facility and one-time capital maintenance issues at the Billerica house of correction; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called ? `tc6 $1,700,000 `tcol;end

SECTION 26. Section 74 of said chapter 177 of the acts of 2001 is hereby amended by striking out, in the last line, the words "August 31, 2002" and inserting in place there of the following words:- December 16, 2002.

SECTION 27. Item 1599-4113 of chapter 197 of the acts of 2001 is hereby amended by adding the following words:- ; and provided further, that $84,100 shall be made available to meet the commonwealth's obligations pursuant to articles 21A, 23A, 29 and 30B of said agreement and shall not expire until June 30, 2004.

SECTION 28. Item 1599-4115 of chapter 199 of the acts of 2001 is hereby amended by adding the following words:- ; and provided further, that $2,645,000 shall be made available to meet the commonwealth's obligations pursuant to articles 11, 19, 23A, 24A, 25 and 31 of said agreement and shall not expire until June 30, 2004.

SECTION 29. Item 1790-2012, of section 2 of chapter 142 of the acts of 2002 is hereby amended by inserting after the word "project," the following words:- ; provided, however, no such central messaging system shall be used for the hosting or transmission of agency e-mail communications if the agency transmits information that is personal data, as defined by chapter 66A of the General Laws.

SECTION 30. Item 0330-0300 of section 2 of chapter 184 of the acts of 2002 is hereby amended by inserting after the words, "as such service is defined in chapter 32", the following words:- provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children.

SECTION 31. Item 1201-0100 of section 2 of chapter 184 of the acts of 2002 is hereby amended by adding the following words:- ; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; provided however, that seasonal positions funded by this account may not be filled by incumbent for more than 10 months within a 12 month period;

SECTION 32. Said section 2 of said chapter 184 is hereby amended in item 4000-0500 by adding at the end thereof the following:- and provided further, that the department shall reimburse acute care hospitals in the department of mental health's designated "Northeast" area so-called, for short-term inpatient psychiatric services at the same per diem rate as is paid to hospitals located in the department of mental health's currently designated "Metro Suburban" area, so-called.

SECTION 33. Item 4401-1000 of section 2 of chapter 184 of the acts of 2002 is hereby amended by adding the following words:- ; and provided further, that not less than $250,000 shall be expended for job training and job placement services for homeless individuals statewide through the MASS CAN program.

SECTION 34. Item 4513-1000 of said section 2 of said chapter 184 is hereby amended by striking out the words "provided further, that less than $99,000 shall be expended for the self-esteem Boston education program;" and inserting in place the following words:- provided further, that not less than $99,000 shall be expended for the self-esteem Boston education program.

SECTION 35. Item 4800-0038 of said section 2 of said chapter 184 is hereby amended by inserting after the words "Greater Lowell Family Resource Center", the following words:- ; provided further, that not more than $150,000 shall be expended for a contract with Circles for Change.

SECTION 36. Said section 2 of said chapter 184 is hereby amended in item 5047-0001 by adding at the end thereof the following:- and provided further, that the department shall reimburse acute care hospitals providing acute inpatient psychiatric service, whether directly of through its managed care intermediary, at per diem rates which are at least equal to the rate paid for said services under the Massachusetts medical assistance payment schedules.

SECTION 37. Item 7003-0702 of said section 2 of said chapter 184 is hereby amended by striking out the words "provided, that not more than $400,000 shall be expended for the operation and maintenance of the Massachusetts biotechnology research institute for the purpose of promoting the commercialization of new, academic based research and development, and raising the scientific awareness of the communities of the Commonwealth" and inserting in place thereof the following words:- provided, that not less than $400,000 shall be expended for the operation and maintenance of the Massachusetts biotechnology research institute for the purpose of promoting the commercialization of new, academic based research and development, and raising the scientific awareness of the communities of the commonwealth.

SECTION 38. Said section 2 of said chapter 184 is hereby amended by striking out item 7004-3036, and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7004-3036 `tc4 For housing services and counseling; provided, that not more than $1,000,000 shall be expended as grants for the operation of nine regional housing consumer education centers operated by the regional nonprofit housing agencies; provided further, that the grants shall be through a competitive application process pursuant to criteria created by the department; provided further, that the department shall report to the house and senate committees on ways and means not later than February 1, 2003 on possible savings and efficiencies through consolidation of said services and counseling; and provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees; provided further, that funds may be expended West Broadway task force to provide certain tenant services; provided further, that $80,925 shall be expended for the Central Mass Housing Alliance; and provided further, that not less than $141,000 shall be expended for the JUST-A-START CORPORATION to administer a housing stabilization and conflict management services program to prevent homelessness ? `tc6 $1,080,925 `tcol;end

SECTION 39. Said section 2 of said chapter 184 is hereby further amended by striking out item 7007-0515 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7007-0515 `tc4 For grants to be allocated by the department in support of regional redevelopment projects; provided, that not less than $200,000 shall be expended for a grant to the South Shore Tritown Development Corporation established in chapter 301 of the acts of 1998; provided further that not less than $200,000 shall be expended for the Massachusetts Fisheries Recovery Commission ? `tc6 $400,000 `tcol;end

SECTION 40. Item 7030-1000 of said section 2 of said chapter 184 is hereby amended by inserting after the words "pursuant to said section 54 of said chapter 15" the following words:-

provided further, that the amount by which the funds appropriated in this item exceed the amount appropriated in item 7030-1000 of chapter 60 of the acts of 1994 shall be used to provide services to the children of working parents; provided further, that notwithstanding said section 54 of said chapter 15 of the general laws, school districts and head start agencies that served as lead agencies in fiscal year 2002 shall receive funds in fiscal year 2003 in proportion to the amount each received in fiscal year 2002;

SECTION 41. Item 7061-0012 of said section 2 of said chapter 184 is hereby amended by adding the following words:- ; and provided further, that not more than $525,000 shall be expended for the costs of borrowing audiotaped textbooks by special needs students whose disabilities include, but shall not be limited to: blindness, visual impairments, learning disabilities such as dyslexia, or physical disabilities such as cerebral palsy that limit the use of standard print, and for the cost of an outreach program geared toward special education teachers, students and parents regarding the services of such program.

SECTION 42. Item 8000-0010 of said section 2 of said chapter 184 is hereby amended in section 2, item 8000-0010 by inserting after the word "Fitchburg" the following words:- , provided further, that $85,500 shall be provided for community policing in the town of Framingham.

SECTION 43. Said chapter 184 is hereby amended by striking out section 180 and inserting in place thereof the following section:-

Section 180. (a) Notwithstanding any general or special law to the contrary, in fiscal year 2003, monies in the Health Care Quality Improvement Trust Fund, established pursuant to section 2EEE of chapter 29 of the General Laws, shall be expended in the following manner:

(1) Not more than $70,000,000 to fund the use of 2000 base year cost information for rate determination purposes, effective July 1, 2002;

(2) an amount that will annualize to no more than $128,350,000 for enhanced payment rates to nursing homes;

(3) an amount that will annualize to no more than $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes. As a condition for such rate add-on, the division of health care finance and policy shall require that each nursing home document to said division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. The expenditure of these funds shall be subject to audit by said division in consultation with the department of public health and the division of medical assistance. In implementing this section, the division shall consult with the Nursing Home Advisory Council;

(4) an amount that will annualize to no more than $12,000,000 to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by the division of medical assistance, in consultation with the division of health care finance and policy, that meet quality standards established by the division of medical assistance in conjunction with the department of public health and the division of health care finance and policy for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes, and to fund rate adjustments to eligible nursing homes that meet utilization standards established by the division of medical assistance in consultation with the division of health care finance and policy for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing home residents to non-institutional settings;

(5) $300,000 for the purposes of an audit of funds distributed pursuant to clause (3) of this paragraph. The division of health care finance and policy, in consultation with the department of public health and with the assistance of the division of medical assistance, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of clause (c) of section 2EEE of chapter 29 of the General Laws, including but not limited to recoupment, assessment of fines or interest. The division shall report to the house and senate committees on ways and means not later than October 1, 2003 a preliminary analysis of funds expended pursuant to said clause in fiscal year 2003 and a description and timeline for auditing of these funds;

(6) $3,000,000 to fund expenses at the division of health care quality within the department of public health to enforce and improve nursing home quality standards partially funded in item 4510-0710 of section 2; provided that $1,000,000 shall be expended to support boards of registration being transferred to or serving in the department of public health;

(7) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of sections 25 and 26 of chapter 118G of the General Laws;

(8) $4,100,000 for the career ladder grant program in long-term care established pursuant to section 410 of chapter 159 of the acts of 2000; provided that the grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long term care; provided further, that the length of such grants shall not exceed a period of 3 years; provided further, that the funds shall be available as a grant to the Commonwealth Corporation to enable a multiyear program to provide grants and produce, disseminate and implement best practices in Massachusetts long-term care industry; provided further, that the corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee; provided further, that the administrative and program management costs for the implementation of said grant program shall not exceed 6 per cent of the amount appropriated in this item; provided further, that the corporation shall report to the house and senate committees on ways and means quarterly detailing their administrative expenses and their efforts to obtain grants or other funding to support its administrative costs or program costs; provided further that each grant may include funding for technical assistance and evaluation; provided further, that the corporation shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures, obligations and program performance; provided further, that these funds shall remain available for this purpose until June 30, 2007;

(9) $6,500,000 for grants to community health centers for one-time grants to be administered on the basis of demonstrated need as a result of changes to section 9A of chapter 118E of the General Laws;

(10) $750,000 for health care facilities licensed by the department of public health as non-acute chronic hospitals with not fewer than 700 licensed beds, and not fewer than 200,000 Medicaid patient days in state fiscal year 2001, with an established geriatric teaching program for medical students, residents and fellows, students of nursing and other allied health professions and with an established institute conducting multi-disciplinary research into biomedical, psychological, cognitive behavioral and organizational factors associated with aging;

(11) an amount sufficient to implement the provisions of section 622 of chapter 151 of the acts of 1996; and

(12) payment for services provided to MassHealth members by pharmacies participating in MassHealth.

(b) The comptroller shall transfer from the Health Care Security Trust Fund to the Health Care Quality Improvement Trust Fund on the first business day of each quarter, the amount indicated by the divisions of health care finance and policy and medical assistance to provide the appropriate rate increases to nursing homes.

SECTION 44. Chapter 184 of the acts of 2002 is hereby amended by striking out section 183 and inserting in place thereof the following section:-

Section 183. Notwithstanding any general or special law to the contrary, regulations adopted by the commissioner of revenue shall implement and be consistent with the following:

a.) The Department of Revenue shall include a provision on the state personal income tax forms allowing taxpayers to voluntarily pay tax at a rate of 5.85 per cent on taxable income which would otherwise be taxed at a rate of 5.3 per cent.

b.) Said Department shall report annually on the number of taxpayers who elect to pay the rate of 5.85 per cent and the amount of revenues generated from said election.

SECTION 45. Said chapter 184 is hereby amended in section 198 by striking the figure "$425,000,000" and inserting in place thereof the following:- $499,000,000.

SECTION 46. Section 2D of Chapter 184 of the acts of 2002 is hereby amended by inserting after item 7002-6644 the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7002-6645 `tc4 For the purposes of a federally funded grant entitled, Reed Act-State Unemployment Trust Fund Distribution, to support the costs of initiatives which will enhance and improve the operations and offerings of the Massachusetts One-Stop Career Center System and provide increased direct benefits to Massachusetts workers and employers; provided, that not more than $925,000 shall be expended for the operation of the New Perspectives Program, so-called, an effort to provide intensive assessment and counseling services to Massachusetts workers who need assistance in adjusting to career change; provided further, that not more than $800,000 shall be expended for enhancements to the Massachusetts One-Stop Employment System (MOSES) including, but not limited to, the construction of a relational database, the creation of a capacity for job seekers to conduct intelligent searches of multiple commercial internet-based job banks, and improvements in the services offered to employers in the Massachusetts job bank; provided further, that not less than $300,000 shall be expended for a comprehensive job vacancy survey; provided further, that not less than $400,000 shall be expended for the costs associated with integrating existing stand-alone workforce development performance management systems into the MOSES system; and provided further, that all funds appropriated under this line item must be expended within 2 years of the enactment of this act ? `tc6 $2,425,000 `tcol;end

SECTION 47. Chapter 236 of the acts of 2002 is hereby amended, in section 34, by striking the following item:- 2120-8882.

SECTION 48. Item 7100-0000 of section 2A of chapter 245 of the acts of 2002 is hereby amended by adding at the end thereof the following words:- ; and provided further, that not less than $5,000,000 shall be expended for the design and construction of an integrated science facility at the University of Massachusetts, Amherst or on behalf of a University affiliate in the city of Springfield, a life science research facility, as part of the pioneer valley life sciences initiative.

SECTION 49. Item 8000-2011 of section 2A of Chapter 245 of the acts of 2002 is hereby amended by adding at the end thereof the following words:- ; and provided further, that not less than $150,000 shall be provided to the registry of motor vehicle to replace the h-vac system, so-called at the commercial registry building in the city of Marlborough.

SECTION 50. Item 2440-0010 of section 2 of chapter 127 of the acts of 1999 by striking in said item the phrase "Nike Site, so-called" and inserting in place thereof the following:- "North Randolph Little League."

SECTION 51. Notwithstanding the provisions of any general or special law to the contrary, not later than 10 days after the effective date of this act, the comptroller shall transfer $24,000,000 from the MBTA Infrastructure Renovation Fund, established in section 35U of chapter 10 of the General Laws, to the General Fund.

SECTION 52. There is hereby established a special commission to consist of 19 members to review how technology can best utilized to improve teaching and learning in public education. The special commission shall consist of the following members; three members of the Senate, to be appointed by the Senate President; the Minority Leader of the Senate, or his designee; three members of the House of Representatives, to be appointed by the Speaker; the minority leader of the House, or his designee; the chairman of the board of education, or his designee; the commissioner of the department of education, or his designee; the state's chief information technology officer, or his designee; and 8 persons to be appointed by the governor, one of whom shall be a representatives from the Massachusetts teachers associations, one of whom shall be a representative of the Massachusetts Superintendents Association, one of whom shall be a representative of the Massachusetts Software and Internet Council, one of whom shall be a representative of the group known as Business and Education for Schools and Technology, one of whom shall be from the business community, and two of whom shall be education/technology coordinates for local school districts. The special commission shall be chaired by the House and Senate chairman of the Joint committee on education, arts and humanities.

In undertaking its review, the special commission shall examine among such areas it deems necessary, the following: the need for additional educational technology in schools throughout the state and the types of technology needed; ways to enhance professional development and teacher training in the effective use of technology in support of curriculum; statutory of regulatory changes needed to enhance educational technology, including, but not limited to, integrating technology into school building design; funding major education/technology initiatives in the Commonwealth and throughout the country and the impact that such initiatives in the Commonwealth and throughout the country and the impact that such initiatives have had on teaching, learning, and student achievement, including standardized testing; the need for a pilot program for 7th and 8th grade students and teachers in up to 9 schools districts to provide one to one, wireless, portable full featured computing devices including, but not limited to, potential funding sources for such a program and a structured for the implementation of such a program; and effective methods of measuring student achievement and learning using technology.

The special commission shall submit a report to the house and senate committees on ways and means on or before June 30, 2003.

SECTION 53. Notwithstanding any general or special law to the contrary, the comptroller is hereby authorized and directed to revise the percentages established in the Watershed Management Fund fund split, so called, contained in appropriation items 2410-0900, 2410-1000, 2410-1200, 2410-1300, 2410-1400, 2410-1500, 2410-1600, 2410-1700, and 2410-1800 in state fiscal year 2002. Said revisions shall be based upon a written certification to the comptroller by the commissioner of the metropolitan district commission that the proposed changes accurately reflect the distribution of actual expenditures incurred by the Watershed Management Division. Said written certification shall be supported and accompanied by a detailed schedule of Watershed Management Division expenditures. As a prerequisite, said revisions shall be subject to the prior approval of the secretary of administration and finance. The comptroller shall then report by October 1, 2002 to the house and senate committees on ways and means and the secretary of administration and finance any revisions made to the fund splits in regard to this section.

SECTION 54. No funds from the Health Care Quality Improvement Trust Fund established in section 2EEE of chapter 29 of the General Laws or appropriated in items 4000-0600 and 4000-1008 of the general appropriation act for fiscal year 2003 shall be used directly or indirectly by a recipient nursing home or health care facility for political contributions, lobbying activities, entertainment expenses or efforts to assist, promote, deter or discourage union organizing. As a condition of receiving monies from the fund or items 4000-0600 and 4000-1008, a nursing home or health care facility shall provide a certification to the division of medical assistance that no funds shall be used for such activities. If the division determines that a recipient of monies from the fund or items 4000-0600 and 4000-1008 has spent such monies in violation of this section, the recipient nursing home or health care facility shall be required to document the cost of such activity. The division of medical assistance shall conduct an investigation or audit if a complaint is filed by any person alleging a violation of this section. The division shall consider that there is a rebuttable presumption that such activities were funded in part from such monies and shall require the recipient nursing home or health care facility to provide all appropriate information and documentation showing that no such monies were used for activities in violation of this section. An expense, including legal and consulting fees and salaries of supervisors and employees, incurred for research for, preparation, planning or coordination of, or carrying out an activity to assist, promote or deter union organizing shall be treated as paid or incurred for that activity. An expense incurred in connection with: (1) addressing a grievance or negotiation or administering a collective bargaining agreement; (2) performing an activity required by federal or state law or by a collective bargaining agreement; or (3) obtaining legal advice about rights and responsibilities under federal or state law shall not be treated as paid or incurred for activities to assist, promote, deter or discourage union organizing. Monies spent in violation of this section shall be reimbursed to the fund or the division of medical assistance as appropriate.

SECTION 55. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $16 million from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain publicly owned or publicly operated providers. Such payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Massachusetts Title XIX state plan and the terms and conditions of agreements reached with the division for such payments. No funds shall be expended unless a public entity is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than fifty per cent of such Title XIX payment. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws.

SECTION 56. Notwithstanding any general or special law to the contrary, the division of medical assistance shall expend $73,000,000 from the medical assistance inter-governmental transfer account within the Uncompensated Care Trust Fund for a one-time supplemental rate payment to the University of Massachusetts memorial hospital for hospital services provided pursuant to the terms and conditions of the contract between the division and said hospital. Said medical assistance inter-governmental transfer account shall be reimbursed $36,500,000 by the University of Massachusetts medical school pursuant to this section.

SECTION 57. Notwithstanding any general or special law to the contrary, any member in service, who is currently an employee of the Massachusetts Bay Transportation Authority and a member of Local 105 MBTA, and who was an employee of the Authority and a member of said local at any time from 1967 to 1996, inclusive, and who has not previously purchased creditable service for any employment time during the aforementioned period for which regular deductions were not made pursuant to chapter 32 of the General Laws shall be entitled to one year of creditable service for any one year of employment during said period; provided however, that no such creditable service shall be granted until such member in service has paid into the annuity savings fund of the system, in one sum or installments, upon such terms and conditions as the board prescribes, an amount equal to the regular deductions, together with interest thereon, that would have been contributed by said member during the year of employment for which the member is now seeking creditable service pursuant to this act. For the purpose of construing this act, the following words shall have the same meanings as are conferred to those words by section 1 of chapter 32 of the General Laws: 'annuity savings fund', 'board', 'creditable service', 'member', 'regular deductions', 'service' and 'system'.

SECTION 58. (a) The International Emergency Management Assistance Compact, hereinafter referred to as the "compact", is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as "party jurisdictions." For the purposes of this agreement, the term "jurisdiction" may include any or all of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island and Connecticut and the provinces of Quebec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland and such other states and provinces as may hereafter become a party to this compact.

The purpose of this compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this compact in managing any emergency or disaster when the governor or premier of an affected jurisdiction asks for assistance, whether arising from natural disaster, technological hazard, manmade disaster or civil emergency aspects of resources shortages.

This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation including, if necessary, emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement among party jurisdictions.

(b) Each party jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a party jurisdiction and that intergovernmental cooperation is essential in such circumstances. Each jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party jurisdiction, shall be the underlying principle on which all articles of this compact are understood.

On behalf of the governor of each state or premier of each province participating in the compact, the legally designated official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate interjurisdictional mutual aid plans and procedures necessary to implement this compact for recommendations to the jurisdiction concerned with respect to the amendment of any statutes, regulations or ordinances required for that purpose.

(c)(1.) It shall be the responsibility of each party jurisdiction to formulate procedural plans and programs for interjurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the party jurisdictions, to the extent practical, shall:

(A) review individual jurisdiction hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, manmade disaster or emergency aspects of resource shortages;

(B) initiate a process to review party jurisdictions' individual emergency plans and develop a plan to determine the mechanism for the interjurisdictional cooperation;

(C) develop interjurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;

(D) assist in warning communities adjacent to or crossing jurisdictional boundaries;

(E) protect and ensure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material to the extent authorized by law;

(F) inventory and agree upon procedures for the interjurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and

(G) provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances over which the province or state has jurisdiction that impede the implementation of the responsibilities described in this subsection.

(2.) The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:

(A) a description of the emergency service function for which assistance is needed and of the mission including, but not limited to, fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;

(B) the amount and type of personnel, equipment, materials and supplies necessary and a reasonable estimate of the length of time they will be needed; and

(C) the specific place and time for staging of the assisting party's response and a point of contact at the location.

(3.) There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans and resource records relating to emergency capabilities to the extent authorized by law.

(d) A party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the emergency forces of any party jurisdiction, while operating within its jurisdictional limits under the terms and conditions of this compact and under the operational control of an officer of the requesting party, the same powers, duties, rights, privileges and immunities as are afforded similar or like forces of the jurisdiction in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed, by the jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or jurisdictions, whichever is longer. The receiving jurisdiction shall be responsible for informing the assisting jurisdictions of the specific moment when services will no longer be required.

(e) Whenever a person holds a license, certificate or other permit issued by any jurisdiction party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party jurisdiction, such person shall be deemed to be licensed, certified or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.

(f) A person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall be agents of the requesting jurisdiction for tort liability and immunity purposes. A person or entity rendering aid in another jurisdiction pursuant to this compact shall not be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

For the purposes of this subsection, good faith shall not include willful misconduct, gross negligence or recklessness.

(g) Because it is probable that the pattern and detail of the machinery for mutual aid among 2 or more jurisdictions may differ from that among the jurisdictions that are party to this compact, this compact contains elements of a broad base common to all jurisdictions, and nothing in this compact shall preclude any jurisdiction from entering into supplementary agreements with another jurisdiction or affect any other agreements already in force among jurisdictions. Supplementary agreements may include, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

(h) Each party jurisdiction shall provide, in accordance with its own laws, for the payment of workers' compensation and death benefits to injured members of the emergency forces of that jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.

(i) A party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding party jurisdiction may assume in whole or in part any such loss, damage, expense or other cost or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost. Any 2 or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under subsection (h) shall not be reimbursable under this section.

(j) Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The party jurisdiction from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees and, after the termination of the emergency or disaster, for the repatriation of such evacuees.

(k)(1) This compact is effective upon its execution or adoption by any 2 state or province jurisdictions and is effective as to any other jurisdiction upon its execution or adoption thereby, subject to approval or authorization by the United States Congress, if required, and subject to enactment of provincial or state legislation that may be required for the effectiveness of the compact.

(2) A party jurisdiction may withdraw from this compact but the withdrawal shall not take effect until 30 days after the governor or premier of the withdrawing party jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions.

The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.

(3.) Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions.

(l) This compact shall be construed to effectuate the purposes stated in subsection (a). If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances shall not be not affected.

(m) The validity of the arrangements and agreements consented to in this compact shall not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces.

(n) This compact may be amended by agreement of the party jurisdictions.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of revenue shall accept applications for abatement of tax on behalf Old Colony Stationary Inc. of Whitinsville for the tax years 1994, 1995, 1996 and 1997. Such applications shall be considered timely if filed with the commissioner within 90 days from the effective date of this act. Any abatement paid pursuant to these applications shall not include payment of interest or of any costs related to the filing of the applications.

SECTION 60. Notwithstanding any general or special law to the contrary, in order to achieve a balanced budget as defined in section 1 of chapter 29 of the General Laws, the comptroller shall transfer from the Stabilization Fund, established pursuant to section 2H of said chapter 29, to the General Fund an amount necessary for the consolidated net surplus, as defined in said section 1 of said chapter 29, to equal one half of one percent of state revenues of such fiscal year; provided, that said transfer amount shall not exceed $180,000,000.

SECTION 61. Section 3 of this act is hereby repealed.

SECTION 62. Section 61 is effective January 1, 2005.

SECTION 63. Sections 9 and 10 shall be effective for taxable years ending after September 10, 200l.

Approved August 30, 2002.