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Session Law

2004

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Chapter 352 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2004 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 immediately to make supplemental appropriations for the fiscal year beginning July 1, 2004, and to make certain changes in the law, 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 2004, the sums set forth in section 2 are hereby appropriated from the Stabilization 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, 2004, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items; and provided further, that all funds appropriated in this section shall not revert and shall be available for expenditure until June 30, 2005.

SECTION 2.

JUDICIARY.

Committee for Public Counsel Services.

0321-2000 ..............................................................................................................................................$52,204

Trial Court.

0330-0300............................................................................................................................................$1,600,000

0331-3400............................................................................................................................................$10,000

Office of the Commissioner of Probation.

0339-1001............................................................................................................................................$1,000,000

0339-1004............................................................................................................................................$300,000

DISTRICT ATTORNEYS.

Suffolk District Attorney.

0340-0100............................................................................................................................................$122,000

District Attorneys' Association.

0340-2101............................................................................................................................................$281,033

EXECUTIVE.

Secretary of the Commonwealth.

0540-2000............................................................................................................................................$275,000

TREASURER AND RECEIVER GENERAL.

Office of the Treasurer and Receiver General.

0611-5510 ............................................................................................................................................ $500,000

ATTORNEY GENERAL.

0810-0000 ............................................................................................................................................ $260,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary.

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

Bureau of State Office Buildings.

1102-3301 ............................................................................................................................................ $5,000

1102-3305 ............................................................................................................................................ $700,000

OFFICE OF THE COMPTROLLER.

Office of the State Comptroller.

1599-3384 ............................................................................................................................................ $2,514,671

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Environmental Protection.

This item was reduced by the Governor.

2200-0100 ............................................................................................................................................ $1,525,000 $900,000

2310-0200 ............................................................................................................................................ $500,000

Department of Conservation and Recreation.

2800-0200 ............................................................................................................................................ $1,000,000

2810-0100 ............................................................................................................................................ $500,000

2810-2000 ............................................................................................................................................ $150,000

2820-0100 ............................................................................................................................................ $965,600

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

4000-0300 ............................................................................................................................................ $1,907,225

4000-0600 ............................................................................................................................................ $89,177,307

4000-0870 ............................................................................................................................................$2,390,268

This item was reduced by the Governor.
4000-0896 ............................................................................................................................................ $4,000,000 $2,000,000

Division of Health Care Finance and Policy.

4100-0060 ..........................................................................................................................................$2,238,916

Department of Public Health.

4512-0103 ............................................................................................................................................ $1,700,000

4512-0106 ............................................................................................................................................ $700,000

4512-0200 ............................................................................................................................................ $11,913,766

4516-1000 ............................................................................................................................................ $50,000

Department of Social Services.

4800-0041 ............................................................................................................................................ $3,500,000

Department of Mental Retardation.

This item was vetoed by the Governor.

5920-3000 ............................................................................................................................................ $100,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Department of Labor.

7002-0200 ............................................................................................................................................ $110,000

Department of Workforce Development.

This item was reduced by the Governor.

7003-0702 ............................................................................................................................................ $950,000 $300,000

Department of Housing and Community Development.

7004-9005 ............................................................................................................................................ $1,650,000

Division of Professional Licensure.

7006-0040 ............................................................................................................................................ $62,500

Department of Business and Technology.

7007-0209 ............................................................................................................................................ $1,500,000

7007-0515 ............................................................................................................................................ $25,000

7007-0900 ............................................................................................................................................ $890,000

Department of Education.

7035-0007 ............................................................................................................................................ $800,000

7061-9400 ............................................................................................................................................ $3,271,380

7061-9604 ............................................................................................................................................ $975,000

7066-0000 ............................................................................................................................................ $500,000

University of Massachusetts.

This item was vetoed by the Governor.

7100-0200 ............................................................................................................................................ $300,000

State Colleges.

This item was vetoed by the Governor.

7114-0100 ............................................................................................................................................ $168,700

Community Colleges.

This item was vetoed by the Governor.

7507-0100 ............................................................................................................................................ $500,000

7512-0100 ............................................................................................................................................ $15,000

7515-0120 ............................................................................................................................................ $110,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

State Police.

8100-0000 ............................................................................................................................................ $200,000

Criminal Justice Training Council.

8200-0200 ............................................................................................................................................ $2,000,000

Department of Correction.

This item was reduced by the Governor.

8900-0001 ............................................................................................................................................ $2,620,000 $2,520,000

County Corrections.

This item was vetoed by the Governor.

8910-0000 ............................................................................................................................................ $350,000

8910-0010 ............................................................................................................................................ $1,347,829

SHERIFFS.

Franklin Sheriff's Department.

8910-0108 ............................................................................................................................................ $81,600

Berkshire Sheriff's Department.

8910-0145 ............................................................................................................................................ $52,150

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Elder Services.

9110-1636 ............................................................................................................................................ $1,375,000

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 Stabilization 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, 2004, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items; and provided further, that all funds appropriated in this section shall not revert and shall be available for expenditure until June 30, 2005.

JUDICIARY.

Committee for Public Counsel Services.

0321-1521 For the purposes of hourly rate increases to private criminal and private non-criminal counsel..................$16,791,600

EXECUTIVE.

State Auditor.

This item was vetoed by the Governor.

0710-0250 For the purposes of homeland security audits ....................................................................................... $400,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary.

This item was reduced and the following words were sticken by the Governor.

1100-1125 For the Executive Department Legal Administration, provided that the Governor's Chief Legal Counsel shall appoint and oversee a Legal Administrator and further provided that not less than $100,000 shall be expended for continuing legal education and training as directed by a joint labor-management committee consisting of 4 representatives of management selected by the Governor's Chief Legal Counsel and 4 representatives of labor selected by the President of the National Association of Government Employees........................................................................ $300,000 $175,000

Department of Revenue.

1201-0111 For costs associated with the indemnification of certain employee legal fees and costs associated with Suffolk County superior court case David S. Porter et al v. Andrew Zakis et al, civil docket no. SUCV2002- 03578; provided that funds appropriated herein shall be expended solely for legal fees and other related costs directly related to said superior court case; and provided further, that the commissioner of revenue shall file with the house and senate committees on ways and means quarterly reports on expenditures from this item................................................................................$450,000

Reserves.

1599-3333 For costs associated with the implementation of the new Massachusetts management accounting and reporting system and the conversion of the classic Massachusetts management accounting and reporting system; provided, that the funds appropriated herein shall be expended by the state comptroller................................................................ $3,600,000

This item was vetoed by the Governor.

1599-4123 For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of trustees of the University of Massachusetts and: the Massachusetts Society of Professors/Faulty Staff Union/MTA/NEA; the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC; the University Staff Association/Massachusetts Teachers Association/NEA; the International Brotherhood of Police Officer, Local 432, Units A and B; the International Brotherhood of Teamsters, Local 25 (two units); the University of Massachusetts and the International Brotherhood of Police Officers, Local 399; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507; the National Association of Government Employees, Local 245; the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation; the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services; International Association of Police Officers, Local 399; the Massachusetts Society of Professors/Lowell; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776; the Graduate Employee Organization, Local 2322, UAW; the Service Employees' International Union, Local 509, Unit B; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Clerical-Technical Unit; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit; the National Association of Government Employees; the Graduate Employee Organization, Local 1596, UAW; and the Graduate Employee Organization Boston, Local 1596, UAW; provided, that said payments shall fund the fiscal year 2004 payments associated with salary adjustments and other economic items provided for in such collective bargaining agreements; provided further, that, no later than November nineteenth, two thousand and four employees covered by the terms of the collective bargaining agreements listed in this item shall be paid a lump sum amount equal to the difference between (a) the salary specified in the relevant agreement and (b) the salary each received, for the period July first, two thousand and three through December thirty-first two thousand and three; provided, further, that employees covered by the terms of the collective bargaining agreements listed in this item shall, subject to appropriation in fiscal year two thousand and five and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to said collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided, further, that the president of the University of Massachusetts is authorized and directed to expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the University based upon a schedule submitted by the president of the University of Massachusetts; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, including subsection (c) of section seven of said chapter one hundred and fifty E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the provisions of any collective bargaining agreement to the contrary; provided further, that notwithstanding the provisions of chapter 150E of the General Laws or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to other than fiscal year 2004, as otherwise provided in such collective bargaining agreements........................................................................... $19,975,010

This item was vetoed by the Governor.

1599-4124 For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of higher education and: the Association of Professional Administrators; and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, AFL-CIO; provided, that said payments shall fund the fiscal year 2004 payments associated with salary adjustments and other economic items provided for in such collective bargaining agreements; provided, further, that, no later than November nineteenth two thousand and four, employees covered by the terms of the collective bargaining agreements listed in this item shall be paid a lump sum amount equal to the difference between (a) the salary specified in the relevant agreement and (b) the salary each received, for the period July first, two thousand and three through December thirty-first two thousand and three; provided, further, that employees covered by the terms of the collective bargaining agreements listed in this item shall, subject to appropriation in fiscal year two thousand and five and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to said collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided, further, that the chancellor of the board of higher education is authorized and directed to expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor of the board of higher education; provided, further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments set forth in this item for the collective bargaining agreements listed in this item, notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, including subsection (c) of section seven of said chapter one hundred and fifty E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the provisions of any collective bargaining agreement to the contrary; provided further, that notwithstanding the provisions of chapter 150E of the General Laws or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to other than fiscal year 2004, as otherwise provided in such collective bargaining agreement................................................ $8,291,573

This item was vetoed by the Governor.

1599-4125 For a reserve to pay the collective bargaining costs for the Massachusetts Community College Council; provided, that the funds appropriated herein shall be distributed by the board of higher education; provided further, that not less than $156,684 shall be transferred to Berkshire community college; provided further, that $248,275 shall be transferred to Bristol community college; provided further, that not less than $309,007 shall be transferred to Bunker Hill Community College; provided further, that not less than $160,889 shall be transferred to Cape Cod Community College; provided further, that not less than $121,859 shall be transferred to Greenfield Community College; provided further, that not less than $311,425 shall be transferred to Holyoke Community College; provided further, that not less than $174,409shall be transferred to Massbay Community College; provided further, that not less than $345,378 shall be transferred to Massasoit Community College; provided further, that not less than $293,827 shall be transferred to Middlesex Community College; provided further, that not less than $190,158 shall be transferred to Mount Wachusett Community College; provided further, that not less than $323,938 shall be transferred to North Shore Community College; provided further, that not less than $272,575 shall be transferred to Northern Essex Community College; provided further, that not less than $251,979 shall be transferred to Quinsigimond Community College; provided further, that not less than $142,587 shall be transferred to Roxbury Community College; and provided further, that not less than $479,857 shall be transferred to Springfield Community College....................................................... $3,782,850

This item was vetoed by the Governor.

1599-4575 For the implementation of a one-time teacher home loan program to be administered by the Massachusetts housing finance agency; provided, that the state comptroller shall transfer the funds appropriated herein to said authority; provided, that said authority shall establish a program that shall distribute zero interest loans for down payment and closing costs assistance to teachers who are first-time homebuyers on a first-come, first-served basis; provided further, that no loan shall be for more than 5.5 percent of the total amount to be borrowed for said first-time home purchase; provided further, that in order to be eligible for said one-time loan assistance, any teacher applying must meet the following criteria: (i) be a state certified classroom teacher employed by a public school district that has been working as a teacher for the 3-year period preceding the date of application; (ii) have no ownership interest in any principal residence during the 3-year period preceding the date of application; (iii) show proof of residence in Massachusetts for the 5-year period preceding the date of application; (iv) meet income and purchase price eligibility limits for the program to be determined by the Massachusetts housing finance agency; (v) meet standard mortgage underwriting requirements which demonstrate credit worthiness; and (vi) must occupy the purchased home as their primary residence; and provided further, that said authority shall file a report with the house and senate committees on ways and means that shall include, but not be limited to, the following: the number of loans awarded, a list all loans awarded, including the city or town in which the first time home purchase occurred, the average and median loan award amount, and the repayment compliance rate....................................................$5,000,000

1599-8092 For a reserve to study and test a new administrative records list as a potential substitute for the statewide annual municipal census that is currently used to create the master juror list and to update the statewide voter registry...................................................$850,000

Human Resources Division.

1750-0129 For workers' compensation costs, including medical services provided to claimants in prior fiscal years, as well as compensation, benefits and associated costs...........................................................$1,880,759

1790-9015 For the development and support of the executive office of health and human services' internet portal to provide coordinated access to the secretariat's programs, benefits and services, including but not limited to intake, eligibility determinations, purchase of services, and provider licensing; provided, that any federal reimbursement received in connection with expenditures paid from this item including, but not limited to, those from Title IV(A), Title IV(B), Title IV(E), Title XIX, Title XX and Title XXI of the Social Security Act may be retained in and expended from a separate account to be established by the comptroller for the stated purposes of this item in addition to the amounts appropriated herein...................................................$2,500,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

This item was vetoed by the Governor.

2000-2022 For the Berkshire County GIS System.....................................................$800,000

Department of Conservation and Recreation.

2810-0200 For summer employment programs at department of conservation and recreation facilities; provided, that said programs shall include peer-led youth recreation and interpretive programs, a youth all-star band, and a park repair and improvement program by skilled and unskilled laborers; provided further, that said programs shall provide opportunities for underprivileged populations, especially in economic development areas; and provided further, that said department shall file a report by June 30, 2005 with the house and senate committees on ways and means that shall include a detailed list of the expenditures from this appropriation...........................................................$2,000,000

2810-2540 For the purchase of equipment for maintenance and operational needs of department of conservation and properties and facilities, notwithstanding any general or special law, regulation, or administrative bulletin to the contrary................................................$1,600,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Massachusetts Rehabilitation Commission.

4120-4051 For a one-time matching grant for the assistive technology loan program to fund adaptive equipment for people with limited functional mobility........................................................ $565,000

EXECUTIVE OFFICE OF TRANSPORTATION.

Office of the Secretary.

6000-8888 For the costs associated with the special commission on transportation finance established pursuant to section 13 of chapter 196 of the acts of 2004..................................................$25,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

7002-0011 For a summer jobs youth-at-risk program targeted at reducing juvenile delinquency in high-risk areas of the Commonwealth, provided, that $500,000 of these funds shall be matched by private organizations, prior appropriation continued................................................$3,050,000

Department of Education.

7010-0030 For per pupil facilities aid for commonwealth charter schools, calculated pursuant to subsection (nn) of section 89 of chapter 71 of the General Laws, as amended by provisions of this act; provided, that funds shall be expended from this item to provide one time grants to ensure that no charter school receives less funding in fiscal year 2005 than it would have received had tuition been calculated pursuant to subsection (nn) of section 89 of chapter 71 of the General Laws as in effect prior to passage of this act; provided, that up to $8,455,000 shall be available for use by the commissioner of education as matching funds for federal financial assistance; and provided further, that said matching funds shall be available for expenditure until June 30, 2009........................$21,615,575

Board of Higher Education.

7066-0115 For the purposes of implementing section 15E of chapter 15A of the General Laws to encourage private fundraising by the commonwealth's public institutions of higher education; provided, that funds shall be disbursed on a quarterly basis in proportion to the amount of funds raised by each institution; provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an equal opportunity to secure matching funds from this item; provided further, that $9,000,000 shall be allocated to university of Massachusetts campuses; provided further, that $2,000,000 shall be allocated to state college campuses; and provided further, that $1,000,000 shall be allocated to community college campuses ...................$12,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

State Police.

8100-0195 For the purchase of bullet proof vests for use by state police troopers................................................$2,000,000

Massachusetts Emergency Management Agency.

8800-0085 For the commonwealth's share of disaster relief assistance to individuals affected by the natural disaster of flooding beginning on April 1, 2004, and ending on April 30, 2004, for the counties of Essex, Middlesex, Norfolk, Suffolk and Worcester; provided, that such assistance shall be 25 per cent of the total assistance determined to be eligible by the Federal Emergency Management Agency for the Other Needs Assistance portion under the Individual Household Program; and provided further, that funds may be allocated from this item and made payable as reimbursement to the Federal Emergency Management Agency as a result of their full payment to said individuals in accordance with the standard contract for the commonwealth of Massachusetts, to be executed jointly by the Federal Emergency Management Agency and the Massachusetts emergency management agency................................................$500,000

8800-4501 For the emergency costs of a fire in Mendon................................................$15,000

SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws. No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2005. All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws. Any balance remaining in that fund at the close of fiscal year 2005 shall be transferred to the General Fund. `

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3100 ............................................................................................................................................ $7,000,000

SECTION 2C.I. For the purpose of making available in fiscal year 2005 balances of appropriations which otherwise would revert on June 30, 2004, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, and the unexpended balance of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, 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 2005; 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. All amounts appropriated in section 2 and 2A of this act shall be available for expenditure in fiscal year 2005.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3385 ............................................................................................................................................ $208,500

1599-3391 ............................................................................................................................................ $165,799

1599-4500 ............................................................................................................................................ $1,727,500

1599-8085 ............................................................................................................................................ $13,575

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Transitional Assistance.

4403-2120 ............................................................................................................................................ $4,794,635

4405-2000 ............................................................................................................................................ $1,044,854

4408-1000 ............................................................................................................................................ $970,208

Department of Public Health.

4510-0110 ............................................................................................................................................ $100,000

Department of Social Services.

4800-1100 ............................................................................................................................................ $1,000,000

Department of Mental Health.

5046-0000 ............................................................................................................................................ $496,550

5095-0015 ............................................................................................................................................ $487,898

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Department of Workforce Development.

7003-0701 ............................................................................................................................................ $20,467,874

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

8000-0106 ............................................................................................................................................ $3,151,462

SECTION 2C.II. For the purpose of making available in fiscal year 2005 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2004, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of the general appropriation act for fiscal year 2005; provided, however, that for items which do not appear in said section 2 or 2B of said general appropriation act, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in said section 2 or 2B of said general appropriation act; provided, however, that for items which do not appear in said section 2 or 2B of said general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. The sums re-authorized herein shall be in addition to any amounts available for said purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3100 ............................................................................................................................................ $7,000,000

SECTION 2D. The amounts set forth in this section are hereby appropriated from the General Federal Grants Fund. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with section 6B of chapter 29 of the General Laws. The amount of any unexpended balance of federal grant funds received before June 30, 2004, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2005, in addition to any amount appropriated in this section.

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Department of Workforce Development.

7002-6624 For the purposes of a federally funded grant entitled, UI Program Administration................................................$78,940,927

7002-6626 For the purposes of a federally funded grant entitled, Employment Services Program................................................$20,394,571

7002-6628 For the purposes of a federally funded grant entitled, Disabled Veterans Outreach................................................$1,660,318

7002-6629 For the purposes of a federally funded grant entitled, Local Veterans Employment Representatives....................................$1,424,950

SECTION 2E. To provide for certain unanticipated obligations of the Commonwealth, to provide for certain other activities and projects and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the Stabilization Fund for the several purposes and subject to the conditions specified therein, and subject to the provisions of law regulating the disbursement of public funds; provided, that notwithstanding the provisions of any general or special law to the contrary, appropriations made herein shall not revert and be available for expenditure until June 30, 2007.

SECRETARY OF STATE.

0526-0909 For a program of grants to units of municipal government and to private, nonprofit organizations for the preservation of historic properties, landscapes and sites; provided that $100,000 shall be provided for the study, repair and renovation of the historic Bristol county superior courthouse; provided further, that $50,000 shall be expended for flag restoration in the town of Athol; provided further, that $400,000 shall be expended for renovations of the Phineas Upham house in Melrose; provided further, that $75,000 shall be provided for the preservation of Easthampton Town Hall; provided further, that $500,000 shall be provided for the Zeiterion Theatre in New Bedford; provided further, that $250,000 shall be provided for the Essex Shipbuilding Museum; provided further, that $500,000 shall be expended for the Edmund Fowle house in Watertown; and provided further, that $100,000 shall be expended for the little red shop in Hopedale................................................$2,475,000

TREASURER AND RECEIVER GENERAL.

Lottery Commission.

0640-0006 For the development, upgrading and improvement of the lottery's electronic gaming systems; provided, that funds appropriated herein shall be used solely for upgrading aging electronic gaming systems to ensure the continued viability of the lottery program; provided further, that the executive director of the Massachusetts lottery commission shall submit a report no later than February 1, 2005 to the house and senate committees on ways and means that shall include, but not be limited to, a detailed description of the problems with current electronic gaming systems, a plan with a time table for implementation of new gaming systems and the costs associated with said implementations................................................$6,000,000

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.

Division of Capital Asset Management and Maintenance.

1102-2399 For repairs, renovation, construction, reconstitution and other improvements to the department of conservation and recreation's recreational rinks; provided, that all funds appropriated herein shall be subject to private matching funds up to a two-to-one match; provided further, that $3,500,000 shall be expended for the Barnstable community youth center; provided further that not less than $200,000 shall be expended for the Greenfield community youth center................................................$3,700,000

Department of Veterans Services.

1410-0179 For the construction of a World War II Veterans' Memorial on Route 127 in the city of Gloucester................................................$65,000

Reserves.

This item was vetoed by the Governor.

1599-1223 For a reserve to improve Medicaid reimbursements to hospitals, physician practices, community health centers and other healthcare providers that provide health care to patients who receive medical benefits or medical assistance pursuant to chapter 118E of the General Laws; provided, that funds shall be distributed pursuant to the findings of the commission established in this act; provided further, that no funds appropriated herein shall be expended for administrative or personnel costs; and provided further, that the division of medical assistance shall submit to the house Medicaid committee, the joint committee on health care and the house and senate committees on ways and means a report detailing the expenditures from this appropriation no later than June 30, 2005................................................$15,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Conservation and Recreation.

2800-0105 For repairs to the department of conservation and recreation's recreational rinks; provided, that all funds appropriated herein shall be subject to private matching funds up to a two-to-one match; provided further, that $1,000,000 shall be expended for Connell Rink in Weymouth; provided further, that $900,000 shall be expended for bath house repairs at Houghton Pond; and provided further, that $1,000,000 shall be expended for the repairs and improvement of the Walter C. Bryan Memorial Rink in West Roxbury................................................$2,900,000

2800-0106 For repairs to roads and bridges operated by the department of conservation and recreation; provided, that $3,778,000 shall be expended for repairs to the General Edwards Bridge in Lynn; provided further, that $490,000 shall be expended for repairs to Beades Bridge in Boston; provided further, that $147,000 shall be expended for repairs to Cheney Bridge in Dover; provided further, that $1,250,000 shall be expended for repairs to Bowker Overpass Ramp H; provided further, that $1,120,000 shall be expended for the Mystic Valley/Alewife Brook Parkway in Arlington; provided further, that $1,740,000 shall be expended for the Boston University Bridge in Boston; provided further, that $630,000 shall be expended for the River Street Bridge at Mother Brook in Boston; provided further, that $400,000 shall be expended for statewide graffiti remediation; provided further, that $1,845,000 shall be expended for Craigie Dam Bridge; and provided further, that $900,000 shall be expended for the design, engineering and construction of a pedestrian bridge across Gallivan Boulevard in the city of Boston................................................$12,300,000

This item was reduced and the following words were sticken by the Governor.

2800-0107 For furthering the establishment of a world class park and beach system for the commonwealth; provided, that $5,000,000 shall be expended for the Wollaston Beach clean-up and Quincy Shore Drive reconstruction; provided further, that $1,000,000 shall be expended for the Winthrop Beach restoration; provided further, that $5,000,000 shall be expended for Horseneck Beach improvements and repairs at Westport Point in Westport; provided further, that $5,000,000 shall be expended for the Cape Cod Rail Trail; provided further, that $2,000,000 shall be expended for Salisbury beach improvements and repairs; provided further, that $1,000,000 shall be expended on swimming pool repairs in Fall River, Brockton, South Hadley, Westfield and Weymouth; provided further, that $30,000 shall be expended for the removal of fences surrounding the MWRA covered storage facility in at Norumbega Reservoir in Weston; provided further, that $100,000 shall be expended for the repair and restoration of trails located at the Bradley Palmer State Park and surrounding satellite facilities; provided further, that $25,000 shall be expended for the study and possible corrective measures of coastal erosion in the Merrymount and Black's Creek areas of Quincy; provided further, that $75,000 shall be expended for a fence at the Brooklawn Park in New Bedford; provided further, that not less than $1,000,000 shall be made available for construction of a bath house at Constitution Beach in the East Boston section of the city of Boston; provided further, that not less than $1,200,000 shall be expended for reconstruction of the Halfway Bathhouse at the Nahant Beach reservation; provided further, that not less than $6,000,000 shall be expended for capital improvements and maintenance costs for Revere beach in the city of Revere; provided further, that $1,000,000 shall be expended for Rocky Beach and Short Beach in Revere and Winthrop; provided further, that said monies shall be expended on maintenance projects including, but not limited to narrowing the roadway at all gateways and installing signs at all such gateways, providing neckdowns at all pedestrian crossings, crosswalk improvements, converting angle parking to parallel parking, improving street lighting and ornaments, and improving and installing new drainage systems; provided further, that not less than $2,000,000 shall be expended for the rehabilitation of the Manning Bowl facility in the City of Lynn; provided further, that $2,000,000 shall be expended for a boathouse for Community Rowing, on the property west of the Daly Rink and east of the Newton Yacht Club; provided further, that $1,000,000 shall be expended for the reconstruction of the Point Allerton seawall in Hull; provided further, that $500,000 shall be expended for the demolition of the Veteran's Memorial pool in Westfield and the construction of a spray park and playground improvements in the area adjacent to the pool; and provided further, that $700,000 shall be expended on Scusset Beach improvements and repairs................................................$36,380,000 $34,350,000

2810-3300 For the purpose of improvements to public access; provided that $50,000 shall be expended for the Dartmouth public boat access ramp; provided further, that $430,000 shall be expended for the repair of the east parking lot and installation of storm drainage vaults and the replacement of the public access boat ramp in the town of Harwich; provided further, that $500,000 shall be expended for the Lagoon Pond Boat Ramp in Tisbury; and provided further, that $400,000 shall be expended for a boat ramp in the town of Wellfleet................................................$1,380,000

2810-3301 For the purposes of construction and renovation of Dilboy Field along route 16 in Somerville................................................$8,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

4000-0260 For the purpose of providing one-time grants for infrastructure development, loan forgiveness, or similar incentive payments to community dentists or community health centers for the purposes of increasing their capacity and increasing access to dental care for individuals covered under the MassHealth program................................................$2,500,000

Department of Public Health.

4590-0916 For medical equipment and facility repairs and improvements at the Lemuel Shattuck hospital................................................$1,656,709

EXECUTIVE OFFICE OF TRANSPORTATION.

Office of the Secretary.

6005-0020 To provide for transportation improvements, to include road, pedestrian and infrastructure projects; provided, that $1,000,000 shall be granted to the town of Plymouth for public safety improvements on Obery Street; provided further, that not less than $100,000 shall be expended for the design and installation of a pedestrian crosswalk and pedestrian signalization at the intersection of Park Avenue and Washington Street in Braintree; provided further, that not less than $475,000 shall be expended for the LIFT bus service operating in the towns of Framingham, Ashland, Holliston, Hopkinton and Milford; provided further, that not less than $1,000,000 shall be expended for the reconstruction and repair of the arterial road Liberty Street, between Lisle Street and Zana Park Drive in Braintree; provided further, that $1,250,000 shall be expended for the Rockwell Village Revitalization Initiative in the city of Leominster; provided further, that $250,000 shall be expended for a streetscape and improvements to public infrastructure in the city of Pittsfield; and provided further, that $3,000,000 shall be expended for the purposes of infrastructural spending and aesthetic improvements in Kenmore Square................................................$7,075,000

Office of the Secretary.

Department of Housing and Community Development.

This item was reduced and the following words were stricken and replaced by the Governor.

7004-0089 For economic development grants for municipalities, provided, that $150,000 shall be granted to the city of Lawrence for the Our House Family Learning and Workforce Development Center; provided further, that $1,000,000 shall be granted to the town of Lynnfield for the costs of the economic development of Reedy Meadow, so-called; provided further, that $2,800,000 shall be granted to the city of Lawrence for affordable housing and economic development at Washington Mills, so-called; provided further, that $1,100,000 shall be granted to the town of Norwood for a one-time matching grant for the elderly population growth project; provided further, that $50,000 shall be granted to the town Tyngsboro; provided further, that $250,000 shall be granted to the city of New Bedford for the demolition of the former Fairhaven Mill Complex; provided further, that $25,000 shall be granted to the town of Blackstone; provided further, that $50,000 shall be granted to the town of Norwood for a study on the cost of submerging utility lines in South Norwood; provided further, that $1,000,000 shall be granted to the city of Worcester for the Worcester Public Safety Complex; provided further, that $50,000 shall be granted to the town of Dracut; provided further, that $2,000,000 shall be granted to the town of Waltham for public safety improvements to certain public housing complexes; provided further, that $500,000 shall be granted to the town of Dedham for construction of a public access road for the proposed senior complex in Dedham; provided further, that $450,000 shall be granted to the town of Gardner; provided further, that not less than $750,000 shall be expended to the town of Ludlow for an economic and community development grant; provided further, that $100,000 shall be granted to the towns of Otis and Becket for phase 2 emergency repairs of the Green Water Pond Dam; and provided further, that $380,000 shall be granted to the town of Winthrop for child safety grants ;provided further, that $50,000 shall be granted to the town of Gardner.........$10,655,000 $4,925,000

BOARD OF HIGHER EDUCATION.

This item was vetoed by the Governor.

7114-0103 For the Second Degree program at Salem state college; including the costs of replacing the Nursing Laboratory..........................$1,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Department of Fire Services.

This item was vetoed by the Governor.

8000-0050 For a one-time firefighting equipment grant program; provided, that the fire departments of every city, town, fire district and authority of the commonwealth shall be eligible to receive the one-time grants authorized herein; provided, that said grants shall be solely for one-time equipment purchases; provided further, that the one-time grants shall be distributed to municipalities according to a formula giving equal weight to each municipalities population; provided further, that a municipality shall not receive less than $5,000; provided further, that said one-time grant program shall be administer by the executive office of public safety who shall no later than October 1, 2004 submit to the joint committee on public safety and the house and senate committees on ways and means the formula and regulations established by said office for the distribution of said grants; provided further, that eligible fire safety equipment under this program shall include, but is not limited to, turnout gear, hand-held power lights, communication devices, telephones, personal alert safety systems, so-called, air packs, tanks, compressors, thermal imaging devices and computerized personnel accountability systems, but shall exclude firefighter apparatus and vehicles; provided further, that no grant funds awarded herein shall be used to fund any personnel costs; provided further, that no grant shall be awarded to the department of fire services; provided further, that not later than February 1, 2005, the executive office of public safety shall submit a report to the house and senate committees on ways and means that shall include, but not be limited to, the following; the amount of each grant, the recipient of the grant, the purpose of the grant, the equipment purchased with the grant; and provided further, that each municipality will provide the executive office of public safety with a comprehensive list of the best-practices that have been instituted as a result of these grants...................................$2,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

8000-0221 For costs associated with increased policing of gang activity; provided, that for fiscal years 2005 and 2006, not less than $1,740,000 shall be expended for anti-gang policing activities in the cities of Boston and Springfield, including the following: (i) $250,000 in each of said fiscal years for the Morton Street-Talbot Avenue corridor in the city of Boston, (ii) $50,000 in each of said fiscal years for enhanced policing activities in the Mattapan Square section of the city of Boston, (iii) $450,000 for increased police patrols in the city of Springfield and (iv) $120,000 in each of said fiscal years for police patrols in Dudley............................$1,740,000

Department of State Police.

8100-0032 For a feasibility and cost impact study of building a new state police crime lab; provided, that said study shall also include design specifications that are in accordance with national crime lab accreditation standards................................................$2,000,000

8100-0462 For upgrades to the communications system and radio infrastructure located at the New Braintree Regional Dispatch Center; provided, that funding from this item will be utilized for the purchase of necessary communications equipment for municipal police and fire departments within the dispatch area...........................$1,200,000

Massachusetts Emergency Management Agency.

This item was vetoed by the Governor.

8800-0099 For the purposes of leveraging a federal matching grant for alleviating flooding in downtown Peabody................................................$5,700,000

SECTION 3. Notwithstanding any general or special law to the contrary, the state comptroller shall transfer on June 30, 2004, $75,000,000 from the Stabilization Fund to the Division of Local Services of the Department of Revenue to be distributed according to the following schedule; provided, that no funds authorized herein shall be distributed to any municipality prior to the appropriate local official or officials signing a declaration provided by the Division of Local Services acknowledging that said one-time municipal aid distributed herein shall be a one-time grant and shall not be recurring.

MUNICIPALITY.......................................................One-Time, Non- Recurring Municipal Aid

ABINGTON...............................................................169,563
ACTON......................................................................131,999
ACUSHNET...............................................................139,546
ADAMS......................................................................192,354
AGAWAM..................................................................363,247
ALFORD.....................................................................1,094
AMESBURY...............................................................168,936
AMHERST..................................................................817,054
ANDOVER.................................................................153,377
ARLINGTON..............................................................305,831
ASHBURNHAM.........................................................68,685
ASHBY........................................................................35,036
ASHFIELD...................................................................20,851
ASHLAND...................................................................122,346
ATHOL.........................................................................266,098
ATTLEBORO...............................................................627,899
AUBURN.....................................................................174,369
AVON..........................................................................31,553
AYER...........................................................................61,200
BARNSTABLE............................................................218,500
BARRE.........................................................................86,773
BECKET......................................................................10,371
BEDFORD....................................................................61,385
BELCHERTOWN........................................................198,749
BELLINGHAM............................................................128,748
BELMONT...................................................................132,654
BERKLEY....................................................................66,145
BERLIN........................................................................15,142
BERNARDSTON.........................................................31,359
BEVERLY.....................................................................339,985
BILLERICA..................................................................328,399
BLACKSTONE............................................................92,329
BLANDFORD..............................................................14,369
BOLTON......................................................................21,840
BOSTON......................................................................4,635,129
BOURNE......................................................................133,603
BOXBOROUGH..........................................................28,428
BOXFORD...................................................................40,742
BOYLSTON.................................................................32,335
BRAINTREE.................................................................246,125
BREWSTER..................................................................44,628
BRIDGEWATER...........................................................340,398
BRIMFIELD..................................................................41,090
BROCKTON.................................................................1,767,047
BROOKFIELD..............................................................56,293
BROOKLINE................................................................293,731
BUCKLAND.................................................................29,665
BURLINGTON..............................................................122,441
CAMBRIDGE................................................................494,860
CANTON.......................................................................133,797
CARLISLE.....................................................................18,925
CARVER........................................................................152,044
CHARLEMONT.............................................................20,128
CHARLTON..................................................................130,567
CHATHAM....................................................................11,128
CHELMSFORD.............................................................258,131
CHELSEA......................................................................779,138
CHESHIRE.....................................................................58,814
CHESTER......................................................................20,343
CHESTERFIELD...........................................................14,832
CHICOPEE....................................................................1,168,673
CHILMARK...................................................................308
CLARKSBURG.............................................................34,718
CLINTON......................................................................226,486
COHASSET...................................................................29,132
COLRAIN......................................................................29,081
CONCORD...................................................................60,044
CONWAY.....................................................................19,176
CUMMINGTON...........................................................11,278
DALTON.......................................................................105,928
DANVERS.....................................................................183,218
DARTMOUTH..............................................................270,359
DEDHAM......................................................................171,536
DEERFIELD..................................................................44,647
DENNIS........................................................................62,418
DIGHTON.....................................................................70,885
DOUGLAS....................................................................76,458
DOVER.........................................................................16,688
DRACUT......................................................................368,890
DUDLEY.......................................................................161,762
DUNSTABLE...............................................................20,238
DUXBURY...................................................................69,565
EAST BRIDGEWATER................................................152,886
EAST BROOKFIELD...................................................28,690
EAST LONGMEADOW...............................................142,593
EASTHAM....................................................................16,753
EASTHAMPTON..........................................................278,116
EASTON.......................................................................222,405
EDGARTOWN..............................................................3,651
EGREMONT.................................................................6,403
ERVING........................................................................3,103
ESSEX...........................................................................17,401
EVERETT......................................................................384,006
FAIRHAVEN................................................................203,075
FALL RIVER.................................................................2,345,228
FALMOUTH.................................................................143,543
FITCHBURG.................................................................897,735
FLORIDA......................................................................3,830
FOXBOROUGH...........................................................138,846
FRAMINGHAM............................................................605,035
FRANKLIN...................................................................242,342
FREETOWN..................................................................92,166
GARDNER....................................................................483,181
AQUINNAH.................................................................249
GEORGETOWN...........................................................58,874
GILL.............................................................................19,371
GLOUCESTER.............................................................214,727
GOSHEN......................................................................9,955
GOSNOLD...................................................................49
GRAFTON...................................................................168,771
GRANBY.....................................................................89,230
GRANVILLE................................................................18,413
GREAT BARRINGTON...............................................74,483
GREENFIELD..............................................................333,312
GROTON.....................................................................69,795
GROVELAND.............................................................56,858
HADLEY......................................................................38,711
HALIFAX.....................................................................90,273
HAMILTON.................................................................58,400
HAMPDEN..................................................................67,236
HANCOCK..................................................................4,355
HANOVER...................................................................95,779
HANSON.....................................................................99,494
HARDWICK................................................................43,699
HARVARD...................................................................36,542
HARWICH...................................................................42,256
HATFIELD...................................................................28,700
HAVERHILL................................................................811,390
HAWLEY.....................................................................4,111
HEATH........................................................................10,874
HINGHAM..................................................................100,706
HINSDALE.................................................................24,455
HOLBROOK..............................................................132,628
HOLDEN....................................................................173,202
HOLLAND.................................................................28,343
HOLLISTON..............................................................113,745
HOLYOKE.................................................................935,782
HOPEDALE................................................................68,837
HOPKINTON.............................................................72,363
HUBBARDSTON........................................................49,568
HUDSON....................................................................172,931
HULL...........................................................................85,206
HUNTINGTON...........................................................34,984
IPSWICH.....................................................................84,658
KINGSTON...............................................................101,395
LAKEVILLE...............................................................90,602
LANCASTER.............................................................88,765
LANESBOROUGH....................................................30,862
LAWRENCE...............................................................2,254,683
LEE..............................................................................55,213
LEICESTER................................................................175,243
LENOX.......................................................................32,698
LEOMINSTER............................................................635,173
LEVERETT.................................................................13,358
LEXINGTON.............................................................132,884
LEYDEN....................................................................10,098
LINCOLN..................................................................37,931
LITTLETON...............................................................54,488
LONGMEADOW......................................................145,579
LOWELL....................................................................2,335,793
LUDLOW...................................................................347,571
LUNENBURG............................................................94,827
LYNN........................................................................1,687,200
LYNNFIELD..............................................................67,905
MALDEN...................................................................796,301
MANCHESTER.........................................................16,016
MANSFIELD.............................................................200,533
MARBLEHEAD.........................................................95,588
MARION...................................................................24,567
MARLBOROUGH.....................................................329,414
MARSHFIELD..........................................................192,218
MASHPEE.................................................................54,194
MATTAPOISETT......................................................40,804
MAYNARD...............................................................102,603
MEDFIELD................................................................77,760
MEDFORD................................................................552,789
MEDWAY.................................................................112,669
MELROSE.................................................................262,835
MENDON.................................................................41,818
MERRIMAC.............................................................70,942
METHUEN...............................................................608,235
MIDDLEBOROUGH................................................248,174
MIDDLEFIELD.........................................................6,647
MIDDLETON...........................................................51,963
MILFORD................................................................296,207
MILLBURY.............................................................179,797
MILLIS....................................................................74,618
MILLVILLE.............................................................38,406
MILTON.................................................................187,807
MONROE...............................................................395
MONSON..............................................................136,987
MONTAGUE..........................................................135,941
MONTEREY...........................................................3,137
MONTGOMERY....................................................6,711
MOUNT WASHINGTON......................................282
NAHANT................................................................20,641
NANTUCKET.........................................................7,788
NATICK..................................................................200,185
NEEDHAM.............................................................142,917
NEW ASHFORD.....................................................2,360
NEW BEDFORD.....................................................2,356,001
NEW BRAINTREE..................................................12,263
NEW MARLBOROUGH.........................................8,257
NEW SALEM.........................................................13,155
NEWBURY.............................................................43,376
NEWBURYPORT...................................................111,899
NEWTON...............................................................389,592
NORFOLK..............................................................98,044
NORTH ADAMS.....................................................397,493
NORTH ANDOVER................................................201,467
NORTH ATTLEBOROUGH.....................................274,970
NORTH BROOKFIELD...........................................79,271
NORTH READING...................................................91,162
NORTHAMPTON....................................................381,576
NORTHBOROUGH.................................................108,053
NORTHBRIDGE.......................................................177,019
NORTHFIELD..........................................................28,020
NORTON..................................................................203,275
NORWELL................................................................53,371
NORWOOD..............................................................235,610
OAK BLUFFS...........................................................7,432
OAKHAM.................................................................20,676
ORANGE..................................................................160,826
ORLEANS................................................................15,176
OTIS..........................................................................5,429
OXFORD..................................................................203,473
PALMER...................................................................224,377
PAXTON..................................................................50,769
PEABODY................................................................400,441
PELHAM..................................................................16,912
PEMBROKE............................................................161,018
PEPPERELL.............................................................126,158
PERU........................................................................12,712
PETERSHAM...........................................................11,564
PHILLIPSTON.........................................................21,148
PITTSFIELD.............................................................819,401
PLAINFIELD............................................................6,090
PLAINVILLE............................................................79,771
PLYMOUTH.............................................................422,511
PLYMPTON.............................................................22,468
PRINCETON............................................................25,504
PROVINCETOWN...................................................7,376
QUINCY..................................................................884,069
RANDOLPH............................................................380,228
RAYNHAM.............................................................103,494
READING................................................................183,430
REHOBOTH.............................................................94,548
REVERE...................................................................663,352
RICHMOND.............................................................8,739
ROCHESTER...........................................................42,461
ROCKLAND...........................................................220,680
ROCKPORT............................................................39,207
ROWE.....................................................................257
ROWLEY................................................................40,496
ROYALSTON........................................................17,942
RUSSELL...............................................................27,112
RUTLAND.............................................................85,867
SALEM..................................................................450,485
SALISBURY..........................................................70,231
SANDISFIELD......................................................4,453
SANDWICH..........................................................135,640
SAUGUS...............................................................210,846
SAVOY.................................................................10,707
SCITUATE............................................................109,291
SEEKONK............................................................126,303
SHARON..............................................................128,627
SHEFFIELD..........................................................25,222
SHELBURNE........................................................25,255
SHERBORN.........................................................16,778
SHIRLEY..............................................................87,967
SHREWSBURY....................................................269,859
SHUTESBURY......................................................20,243
SOMERSET..........................................................176,307
SOMERVILLE.......................................................950,087
SOUTH HADLEY..................................................269,834
SOUTHAMPTON..................................................71,826
SOUTHBOROUGH...............................................40,962
SOUTHBRIDGE.....................................................402,853
SOUTHWICK........................................................110,724
SPENCER..............................................................182,434
SPRINGFIELD........................................................4,185,177
STERLING..............................................................65,621
STOCKBRIDGE.....................................................10,320
STONEHAM..........................................................186,026
STOUGHTON........................................................280,229
STOW.....................................................................38,011
STURBRIDGE........................................................75,436
SUDBURY..............................................................81,199
SUNDERLAND......................................................55,948
SUTTON.................................................................81,565
SWAMPSCOTT.....................................................94,322
SWANSEA.............................................................176,030
TAUNTON.............................................................863,743
TEMPLETON.........................................................114,440
TEWKSBURY........................................................243,561
TISBURY................................................................7,549
TOLLAND..............................................................1,698
TOPSFIELD...........................................................38,428
TOWNSEND.........................................................118,555
TRURO...................................................................3,070
TYNGSBOROUGH...............................................107,144
TYRINGHAM........................................................1,131
UPTON..................................................................41,394
UXBRIDGE............................................................122,044
WAKEFIELD.........................................................190,399
WALES...................................................................26,289
WALPOLE.............................................................180,961
WALTHAM...........................................................413,391
WARE....................................................................181,888
WAREHAM...........................................................189,543
WARREN...............................................................97,306
WARWICK............................................................10,170
WASHINGTON......................................................6,553
WATERTOWN.......................................................237,990
WAYLAND............................................................62,022
WEBSTER..............................................................267,722
WELLESLEY..........................................................87,088
WELLFLEET..........................................................4,761
WENDELL.............................................................17,300
WENHAM..............................................................27,706
WEST BOYLSTON................................................90,370
WEST BRIDGEWATER.........................................50,693
WEST BROOKFIELD............................................52,574
WEST NEWBURY.................................................26,685
WEST SPRINGFIELD............................................422,729
WEST STOCKBRIDGE..........................................7,332
WEST TISBURY.....................................................3,242
WESTBOROUGH...................................................106,195
WESTFIELD............................................................676,228
WESTFORD............................................................134,926
WESTHAMPTON...................................................15,919
WESTMINSTER......................................................67,987
WESTON.................................................................30,244
WESTPORT.............................................................107,266
WESTWOOD...........................................................62,660
WEYMOUTH...........................................................600,955
WHATELY...............................................................16,017
WHITMAN...............................................................197,293
WILBRAHAM..........................................................140,591
WILLIAMSBURG.....................................................29,508
WILLIAMSTOWN...................................................96,629
WILMINGTON........................................................159,709
WINCHENDON.......................................................230,527
WINCHESTER.........................................................95,808
WINDSOR...............................................................10,121
WINTHROP.............................................................220,302
WOBURN................................................................276,918
WORCESTER..........................................................3,612,186
WORTHINGTON....................................................14,115
WRENTHAM...........................................................76,330
YARMOUTH...........................................................149,833

State Total.................................................................75,000,000

SECTION 4. Chapter 10 of the General Laws is hereby amended by striking out section 61, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-

Section 61. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Motor Vehicle Inspection Trust Fund. There shall be credited to said fund all monies received or collected, including interest earned thereon, from that portion of the fee owed to the commonwealth pursuant to the seventh paragraph of section 7A of chapter 90 for a motor vehicle inspection. Amounts so credited shall be received and held in trust by the commonwealth and shall be expended, without further appropriation, solely for the purposes of administration and implementation of the motor vehicle inspection program established pursuant to said section 7A and sections 142J and 142M of chapter 111, including the direct personnel costs associated with said inspection program. The fund may incur a negative balance in anticipation of revenues to be received; provided, however, that the fund shall be in balance by June 30, 2009, and shall be in balance at the close of each fiscal year thereafter. All revenues credited to and all expenditures made from said fund shall be reported, by subsidiary, on the Massachusetts management accounting and reporting system and all personnel compensated from said fund shall be recorded on the human resources classification management system, so-called.

SECTION 5. Chapter 15A of the General Laws is hereby amended by striking out section 15E, as so appearing, and inserting in place thereof the following section:-

Section 15E. It is hereby declared to be the policy of the commonwealth to encourage private fundraising by the state university and public colleges and to assist such fundraising through a matching program to be known as the public higher education endowment incentive program which shall not result in direct or indirect reductions in the commonwealth's appropriations to such institutions for operations or for capital support.

Subject to appropriation, the commonwealth shall contribute funds to each institution's recognized foundation in an amount necessary to match private contributions in the previous fiscal year to the institutions or a foundation's endowment based on the following matching formula. Subject to appropriation, the commonwealth's contribution shall be equal to $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to the university's board of trustees or a foundation, provided that the maximum total contributions from the commonwealth shall be $50,000,000; $1 for every $2, or $1 dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state college's board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be $5,000,000 for each institution; $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college's board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be $1,000,000 for each institution.

Private contributions to the endowment for purposes of this program shall be limited to donations to an endowment for academic purposes including, but not limited to, scholarships, endowed chairs and contributions in support of academic facility construction and maintenance approved by the appropriate board of trustees.

Said program shall terminate for the university when its foundation has received $50,000,000 in appropriated matching funds according to the formula prescribed above, or on July 1, 2010, whichever is sooner. Said program shall terminate for any state college when its foundation has received $5,000,000 in appropriated matching funds according to the formula prescribed above or on July 1, 2010, whichever is sooner. Said program shall terminate for any community college when its foundation has received $1,000,000 in appropriated matching funds according to the formula prescribed above or on July 1, 2010, whichever is sooner.

For each institution, the program shall be administered by its foundation, as defined in section 37, in accordance with procedures established by the board of trustees and filed with the house and senate committees on ways and means no later than December 15, 2004. Such procedures shall include a method for each board of trustees to certify to the house and senate committees on ways and means the actual amount received in private contributions to the endowment in each fiscal year. Such procedures shall also include safeguards for protecting the anonymity of donors who indicate their desire not to be identified.

SECTION 6. Section 3B of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "Corporation for Business, Work and Learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 7. Section 56 of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words "Corporation for Business, Work and Learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 8. Section 29 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure "$250,000,000" and inserting in place thereof the following figure:- $300,000,000

SECTION 9. Section 2RR of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 42 and 43, the words "corporation for business, work and learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 10. Said chapter 29 is hereby further amended by inserting after section 2MMM the following section:-

Section 2NNN. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Roche Community Rink Fund. There shall be credited to such fund revenues generated from fees, fines, leases, gifts, grants, interest earned on any monies within this fund or any other revenue source at the Roche Community Rink, formerly the Bryant Rink, in the West Roxbury section of the city of Boston. Revenues credited to the fund shall be used, not subject to appropriation, for operational costs, capital improvements, equipment and maintenance of said rink, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.

SECTION 11. Section 3 of chapter 29D of the General Laws, as so appearing is hereby amended by striking out, in lines 24, 35, lines 48 and 49, line 51 and in line 54, the words "Tobacco Settlement" and inserting in place thereof, in each instance, the following words:- General.

NO SECTION 12.

NO SECTION 13.

SECTION 14. Said section 3 of said chapter 29D, as so appearing, is hereby further amended by striking out paragraph (f) and inserting in place thereof the following paragraph:-

(f) Not later than October 31 of each year, the comptroller shall certify to the trustees, the fiscal affairs division, the house and senate committees on ways and means, the joint committee on health care and the advisory committee on health care and tobacco control the balance in the Health Care Security Trust Fund and the total return generated by the principal of said trust fund during the prior 12 month period ending on June 30. On or before July 1 of each year, for fiscal years 2002, 2003 and 2004 the comptroller shall transfer 50 per cent of said return, as so certified by the comptroller in the previous October, from the Health Care Security Trust to the Tobacco Settlement Fund, which shall be available for expenditure. For fiscal years 2005 and thereafter, the comptroller shall transfer 30 per cent of said return, as so certified by the comptroller in the previous October, from the Health Care Security Trust to the General Fund, which shall be available for expenditure.

SECTION 15. Section 4 of said chapter 29D, as so appearing, is hereby amended by striking out, in line 22, the words "Tobacco Settlement" and inserting in place thereof the following word:- General.

This section was vetoed by the Governor.

SECTION 16. Said section 4 of said chapter 29D, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Said board of trustees shall consist of seven trustees, five of whom shall be appointed by the governor, 1 of whom shall be appointed by the state treasurer and 1 of whom shall be appointed by the attorney general. The trustees shall be experienced in the field of investment, financial management, law and public management. The initial terms of 1 of the trustees appointed by the governor, and the trustees appointed by the state treasurer and the attorney general shall be for 5 years, the initial terms for 2 of the trustees appointed by the governor shall be 6 years and the initial terms of the remaining appointees of the governor shall be for 7 years. All subsequent appointments, including reappointments, shall be for terms of 5 years. Any vacancy that may occur before the expiration of the term of a trustee, shall be filled by an appointment made jointly by the governor, the state treasurer and the attorney general. Trustees shall be eligible for reappointment.

SECTION 17. Said section 4 of said chapter 29D, as so appearing, is hereby further amended by striking out, in line 82, the words "rate or".

SECTION 18. Section 5 of said chapter 29D, as so appearing, is hereby amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h) Beginning on the first Wednesday of October, 2003, and every 3 years thereafter, said commission shall conduct a review to evaluate: (1) the present and future health needs of the citizens of the commonwealth; (2) the financial stability of the trust in light of the return on investment and any adjustment factors or other factors affecting the future stream of payments from the tobacco settlement, based upon recommendations by the board of trustees of said trust; (3) whether, and to what extent, the present health needs of the commonwealth, when balanced against future needs, warrant recommending a change in the allocation of monies between the trust and the General Fund; and (4) the merits of all existing programs funded by transfers from the Health Care Security Trust. After such review, the commission shall prepare a report with its recommendations and shall file said report with the office of the governor, the fiscal affairs division, the house and senate committees on ways and means, the joint committee on health care and with the clerk of the house of representatives and the clerk of the senate.

SECTION 19. Section 1 of chapter 32 of the General Laws is hereby amended by inserting after the word "Authority", in line 191, the following words:- , Massachusetts School Building Authority.

SECTION 19A. Subdivision (5) of section 15 of said chapter 32, inserted by section 79 of chapter 14 of the the acts of 2004, is amended by striking out the words "chapter 258A" and inserting in place thereof the words:- Chapter 268A.

This section was vetoed by the Governor.

SECTION 20. Section 91 of said chapter 32, as so appearing, is hereby amended by inserting after the word "terminated", in lines 88 and 89, the following words:- or the earnings from 960 hours, whichever is greater.

SECTION 21. Section 2 of chapter 32A of the General Laws, as so appearing, is hereby amended by inserting after the word "Authority", in line 10, the following words:- , Massachusetts School Building Authority.

This section was vetoed by the Governor.

SECTION 22. Paragraph (c) of said section 91 of said chapter 32, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Each person referred to in paragraph (b) shall certify to his employer and the treasurer or other person responsible for the payment of compensation for the position in which he is to be employed the number of days or hours which he has been employed in any calendar year and the amount of earnings therefrom and, if the earnings therefrom exceed the amount allowable under paragraph (b), he shall return to the appropriate treasurer or other person responsible for the payment of compensation all such earnings as are in excess of said allowable amount.

SECTION 23. Section 13 of chapter 58 of the General Laws, as so appearing, is hereby amended by inserting after the word "Reservation", in line 13, the following words:- , Blue Hills Reservation, and certain properties in the town of Stoneham.

SECTION 24. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in lines 562, the words "in such wartime service and".

SECTION 25. Said section 5 of said chapter 59, as so appearing, is hereby further amended by striking out, in lines 586, 624, 664, 701, and 747, the word "wartime".

SECTION 26. The seventh paragraph of section 57C of chapter 59 of the General Laws, as appearing in section 54 of chapter 46 of the acts of 2003, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- A real estate tax bill sent out for fiscal year 2006 or any subsequent period pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rate, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days.

SECTION 27. Subsection (i) of section 6I of chapter 62 of the General Laws, inserted by section 8 of chapter 290 of the acts of 2004, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The department may provide that upon application for state tax credits issued by the department, such taxpayer may elect to receive such state tax credit in the form of a loan generated by transferring the credit to the department or its designee on terms specified by the department in accordance with its qualified allocation plan.

SECTION 28. Subsection (i) of section 31H of chapter 63 of the General Laws, inserted by section 12 of said chapter 290, is hereby amended by striking the first sentence and inserting in place thereof the following sentence:- The department may provide that upon application for state tax credits issued by the department, such taxpayer may elect to receive such state tax credit in the form of a loan generated by transferring the credit to the department or its designee on terms specified by the department in accordance with its qualified allocation plan.

This section was vetoed by the Governor.

SECTION 29. Chapter 69 of the General Laws is hereby amended by inserting after section 1N, inserted by chapter 194 of the acts of 2004, the following section:-

Section 1O. The board shall establish guidelines relative to dissection in science classes in public schools. Such guidelines shall require all public schools that offer dissection as a learning activity to permit those students who choose not to participate in dissection to be allowed to demonstrate competency through an alternative method. Alternative methods shall not include a pupil being required to watch another pupil perform dissection. Said alternative methods shall require a level of time and effort by the student that is comparable to, but not greater than, the level of time and effort required of students participating in dissection. The provisions of this section shall not excuse a student who does not wish to participate in dissection from taking and passing any examinations that are required of those students who do participate in dissection. A teacher shall not discriminate against a student for not participating in dissection.

This section was sent back to the legislature by the Governor with an amendment. See H5083

SECTION 30. Chapter 71 of the General Laws is hereby amended by striking out section 8A, as amended by section 130 of chapter 149 of the acts of 2004, and inserting in place thereof the following section:-

Section 8A. A municipality wherein a person resides who is admitted to a day school in another municipality under section 7, shall, through its school committee, when necessary, provide for the transportation of such person, and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amount so expended; provided, that such a municipality wherein a person is placed by the department of social services or the trustees of the Massachusetts training schools who is admitted as aforesaid to a day school in another municipality shall similarly provide for the transportation of such pupil to such school and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amounts so expended; provided further, that no transportation shall be provided for, or reimbursement made on account of, any pupil who resides less than one and 1 1/2 miles from the school which he attends. A municipality shall not be required under the provisions of this section to provide for the transportation of a person who has completed the twelfth grade of school or the equivalent thereto.

SECTION 31. Section 89 of chapter 71 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking subsection (nn) and inserting in place thereof the following:-

(nn) Commonwealth charter schools shall be funded as follows: The commonwealth shall pay a tuition amount to the charter school, which shall be the sum of the tuition amounts calculated separately for each district sending students to the charter school. Tuition amounts for each sending district shall be calculated by the department of education using the formula set forth herein, to reflect, as much as practicable, the actual per pupil spending amount that would be expended in the district if the students attended the district schools. The tuition amount shall be calculated separately for each district sending students to a charter school, and for each charter school to which a district sends students. Each district's per pupil tuition amount for each charter school to which it sends students shall include a per pupil foundation budget component, adjusted to reflect the actual net school spending in the sending district.

In calculating the per pupil foundation budget component, the department shall calculate a foundation budget for the students from each sending district attending the charter school in the previous fiscal year, pursuant to the provisions of section 2 of chapter 70; provided, that the department shall not include in said calculation the assumed tuitioned-out special education enrollment, nor any amounts generated by said assumed enrollment, as defined by said section 2. The per pupil foundation budget component shall be the district's foundation budget for the charter school, as so calculated, divided by the number of students attending the charter school from the sending district in the previous fiscal year. The per pupil foundation budget component shall be calculated separately for each charter school to which a district sends students. The foundation budget for a charter school shall be the sum of the foundation budgets for the charter school for each district sending students to the charter school.

In adjusting the per pupil foundation budget component, the department shall calculate for each sending district an above foundation spending percentage, which shall be the percentage by which the district's actual net school spending exceeds the foundation budget for the district, as calculated pursuant to the provisions of chapter 70. The department shall further calculate the percentage of actual net school spending reported by the sending district associated with tuition costs for tuitioned-out special education students, including education that occurs in educational collaboratives, and with spending on health care costs for retired employees, for any district for which such costs are included in net school spending, and shall reduce the district's above foundation spending percentage proportionately. The per pupil foundation budget component for each charter school to which the sending district sends students shall be increased by said adjusted above foundation spending percentage.

The total tuition amount owed by a sending district to a charter school shall be the per pupil tuition amount as defined above, multiplied by the total number of students attending the charter school from that district in the current fiscal year. The sending district's total charter school tuition amount for purposes of the following paragraphs shall be the sum of the district's tuition amounts for each charter school to which the district sends students, calculated using the provisions of this section. The receiving charter school's total charter school tuition amount shall be the sum of the tuition amounts calculated for the charter school for each district sending students to the charter school.

The state treasurer is hereby authorized and directed to deduct a district's total charter school tuition amount, as calculated herein, from the total state school aid, as defined in section 2 of said chapter 70, of the district in which the student resides prior to the distribution of said aid. In the case of a child residing in a municipality which belongs to a regional school district, the charter school tuition amount shall be deducted from said chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter 70 by accepting section 14 of said chapter 70, the commonwealth shall assess said district for said excess amount.

The state treasurer is hereby further authorized and directed to disburse to the charter school an amount equal to the charter school's total charter school tuition amount as defined above.

The department shall, subject to appropriation, provide funding to charter schools for a portion of the per pupil capital needs component included in the charter tuition amount. The department shall calculate a statewide per pupil average expenditure from state and local sources for capital costs solely associated with payments, including interest and principle payments, for the construction, renovation, purchase, acquisition, or improvement of school buildings and land, shall multiply said amount by the number of students the district sends to charter schools, and shall reimburse these sending school districts for said costs. In making these calculations, the department shall use data from the most recent year for which actual district expenditures have been reported by districts to the department.

The board of education shall adopt regulations for implementing the provisions of this subsection, including, but not limited to, regulations for determining the actual per pupil net school spending amounts in districts, and for calculating charter school tuition amounts. In adopting said regulations, the department shall consult with the executive office for administration and finance.

SECTION 32. Subsection (a) of section 5A of chapter 71B of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- Charter schools shall receive reimbursements under this section in the same manner as districts.

SECTION 33. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- No school committee is required to enroll a person who does not actually reside in the town unless said enrollment is authorized by law or by the school committee. Any person who violates or assists in the violation of this provision may be required to remit full restitution to the town of the improperly-attended public schools.

SECTION 34. Chapter 76 of the General Laws, as so appearing, is hereby amended by striking out section 6 and inserting in place thereof the following:-

Section 6. If a child resides temporarily in a town other than the legal residence of his parent or guardian for the special purpose of their attending school, the child may attend school with the authorization of the school committee of said town, and the said town may recover tuition from the parent or guardian, unless under section twelve of chapter seventy-six, such tuition is payable by a town. Tuition payable by the parent or guardian shall, for the period of attendance, be computed at the regular rate established by the school committee for non-resident pupils, but in no case exceeding the average expense per pupil in such school for said period. The school committee of the town in which a child is temporarily residing for the special purpose of their attending school may waive all or part of the tuition charge for such child.

SECTION 35. Section 37 of chapter 79 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "as of which they are assessed" and inserting in place thereof the following words:- on which the right to damages under this chapter vested.

SECTION 36. Said section 37 of said chapter 79, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Where the period for which prejudgment interest is owed is not more than one year, such interest shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the right to damages under this chapter vested. Where the period for which prejudgment interest is owed is more than one year, such interest for the first year shall be calculated in accordance with the preceding sentence, and such interest for each additional year shall be calculated on the principal amount due at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. Post-judgment interest shall be calculated in the same manner as pre-judgment interest, but using, in the first year after judgment, the rate for the calendar week preceding the date on which judgment entered, and in any additional year, the rate for the calendar week preceding the beginning of such additional year.

This section was vetoed by the Governor.

SECTION 37. Said section 37 of said chapter 79, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The secretary of administration and finance shall maintain a publicly accessible internet website that includes a list of the rates described herein and a calculator for determining the interest due hereunder.

SECTION 38. The second paragraph of section 10A of chapter 91 of the General Laws, inserted by section 33 of chapter 291 of the acts of 2004, is hereby amended by inserting after the words "overseeing mooring" the following word:- permit.

SECTION 39. Section 142M of chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 181, the words "at least two separate" and inserting the following words:-one or more.

This section was sent back to the legislature by the Governor with an amendment. See H5084

SECTION 40. Section 16D of chapter 118E of the General Laws, as amended by section 322 of chapter 26 of the acts of 2003, is hereby amended by striking out subsections (2) and (3) and inserting in place thereof the following 2 subsections:-

(2) A person who is not a citizen of the United States but who is either a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in the Untied States under color of law may receive different benefits which shall not be less than the same benefits provided on July 1, 2004 to the eligibility group described in section 265 of chapter 149 of the acts of 2004, unless such person: (i) is residing in a nursing facility, as defined by 42 U.S.C. section 1396, as of June 30, 1997; (ii) was receiving services or benefits pursuant to this chapter as of June 30, 1997; (iii) had an application for long-term care services pending on July 1, 1997; or (iv) is eligible for federally reimbursed services or benefits; provided, however, that services or benefits other than emergency services shall not be provided to undocumented aliens unless required by federal law.

(3) Benefits for aliens under this section shall not be provided to persons age 19 through age 64 unless such aliens are disabled; but benefits shall not be terminated for persons described in clauses (i), (ii), (iii) and (iv) of subsection (2).

SECTION 41. Section 2 of chapter 128C of the General Laws, as amended by section 174 of chapter 149 of the acts of 2004, is hereby further amended by striking out, in line 156, the first time it appears the word "harness" and inserting in place thereof the word:- running.

This section was vetoed by the Governor.

SECTION 42. Subsection (1) of section 1 of chapter 152 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:-

For purposes of sections 31, 32 and 35C, the earnings of the employee shall be determined as of the date of his last full time employment, irrespective of whether that employee is subject to this chapter. Notwithstanding the prior voluntary retirement of the employee, such earnings shall be considered wages upon which the spouse is dependent at the time of the employee's death. This paragraph shall be deemed to be procedural in character.

NO SECTION 43.

This section was vetoed by the Governor.

SECTION 44. Section 5 of chapter 200A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Any intangible property held by the executive, legislative, or judicial branch of the United States Government, or a state, or a county or municipal subdivision of the state, or any of their authorities, agencies, instrumentalities, administrations, services, paying agents or other organizations, and remaining unclaimed for more than one year after it became payable or distributable is presumed abandoned.

SECTION 45. Said chapter 200A is hereby further amended by inserting after section 6D, inserted by section 47 of chapter 4 of the acts of 2003, the following section:-

Section 6E. (a) Mineral proceeds includes all obligations to pay resulting from the production and sale of minerals, including net revenue interests, royalties, overriding royalties, production payments, and joint operating agreements.

(b) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three years after they become payable or distributable and the owners underlying right to receive those mineral proceeds are presumed abandoned.

At the time any owners underlying right to receive mineral proceeds is presumed abandoned under this section, any mineral proceeds then held for or owing to the owner as a result of the underlying right and any mineral proceeds accruing after that time as a result of the underlying right and not previously presumed abandoned are presumed abandoned.

SECTION 46. The second paragraph of section 10 of chapter 218 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the line reading "district court of central Middlesex".

SECTION 47. The third paragraph of said section 10 of said chapter 218, as so appearing, is hereby further amended by adding the line "district court of central Middlesex".

SECTION 48. The fourth paragraph of said section 10 of said chapter 218, as amended by section 460 of chapter 26 of the acts of 2003, is hereby further amended by inserting before the line reading "district court of Chelsea", in line 126, the following line:-

district court of Somerville.

SECTION 49. Section 6I of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 to 6, inclusive, the words "rate coupon issue yield equivalent, as determined by the United States secretary of the treasury, of the average accepted auction price for the last auction of fifty-two-week United States treasury bills settled immediately prior to the" and inserting in place thereof the following words:- Weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.

SECTION 50. Chapter 234A of the General Laws is hereby amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-

Section 13. On or before the first day of September of each year, the office of the jury commissioner shall randomly select prospective jurors for each city and town from the corresponding numbered resident list or numbered resident file. Each such numbered resident, so identified and selected, shall be a prospective juror of the city or town. The random procedure and method used for the selection of prospective jurors and the method of generation of random numbers shall be specified in the regulations of the jury commissioner. Technical data on the integrity of the random number generation method used under this section shall be compiled by the office of jury commissioner. Such data shall be available to members of the public upon request.

SECTION 51. Section 2 of chapter 262 of the General Laws, as most recently amended by section 21 of chapter 252 of the acts of 2004, is hereby further amended by striking the figure "$150" in lines 7 and 12, and inserting in place thereof the figure "$180"; by striking the figure "$25" in line 8, and inserting in place thereof the figure "$30"; by striking the figure "$50" in line 14, and inserting in place thereof the figure "$60"; and by striking the figure "$100" in line 16, and inserting in place thereof the figure "$180".

This section was vetoed by the Governor.

SECTION 52. Section 49 of chapter 271 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:-

(f) The provisions of this section shall apply to tax preparers who make loans to clients in anticipation of refunds and earned income tax credits.

SECTION 53. Pursuant to subsection (d) of section 9 of chapter 372 of the acts of 1984, the Massachusetts Water Resources Authority, notwithstanding the provisions of any other general or special law, ordinance or regulation to the contrary, may convey to the commonwealth, acting by and through its division of capital asset management and maintenance, or to the owner of that certain parcel of land shown as Lot 1 on a plan entitled "Plan of Land in East Boston, Massachusetts, Suffolk County", dated June 12, 2002, prepared by Bryant Associates, or to their respective successors in interest, one or more permanent easements for vehicular and pedestrian access over a certain parcel or parcels of land owned by the authority in the city of Boston. The Massachusetts water resources authority and the commissioner of the division of capital asset management and maintenance are further authorized to grant to said owner of said Lot 1, or to its successors in interest, a non-exclusive easement to enter upon certain parcels of land located adjacent to said Lot 1, under the care and control of said authority or the commonwealth, for the purpose of maintaining said parcels of land, on such terms and conditions as said authority or said commissioner, as the case may be, may determine. The boundaries of all of the aforesaid easement areas shall be determined by the commissioner of the division of capital asset management and maintenance in consultation with the Massachusetts Water Resources Authority.

This section was vetoed by the Governor.

SECTION 54. Section 1 of chapter 758 of the acts of 1985 is hereby amended by adding the following paragraph:-

Notwithstanding the provisions of section 3A of chapter 121B of the General Laws and notwithstanding the existence of a local housing authority or redevelopment authority in the city of North Adams or the towns of Adams, Cheshire, Florida, Clarksburg, Hancock, New Ashford, Savoy and Williamstown, the corporation shall be deemed to be and within said city and towns, shall have all rights, powers, and obligation of a housing authority organized under chapter 121B except with respect to any project or activity heretofore undertaken on a particular site or location by a local housing or redevelopment authority organized in said city or towns. Said city and towns shall have the same rights, powers, and obligation with respect to projects and activities of the corporation in such city and towns as are provided in said chapter 121B for a city or town in which a housing authority or redevelopment authority has been created.

This section was vetoed by the Governor.

SECTION 55. Section 2 of said chapter 758 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The board of directors shall annually choose from its members a chairman and vice-chairman. The board shall consist of 3 members to be appointed by the governor for a term of 3 years; provided, however, that of the 3 members appointed by the governor, 1 member shall reside in the town of Adams, 1 member shall reside in the city of North Adams, and 1 member shall reside in the town of Williamstown. Upon their appointment the 3 members shall appoint the 6 remaining members. Of the 6 remaining members initially appointed, 2 shall be appointed for a term of 1 year; 2 shall be appointed for a term of 2 years; and 2 shall be appointed for a term of 3 years; provided further, that all subsequent appointments shall be for a term of 3 years; provided further, that of these 6 remaining members, at least 2 members shall reside in 1 of the remaining communities of Hancock, New Ashford, Cheshire, Clarksburg, Savoy or Florida. Of these 6 remaining members, 1 shall be experienced in industrial development, 1 shall be experienced in finance, 1 shall be experienced in real estate matters and 1 shall be a representative of labor. Their terms of office shall be 3 years.

SECTION 56. Section 18 of chapter 498 of the acts of 1993, as amended by chapter 109 of the acts of 2000, is hereby further amended by striking from the second sentence the words "Devens and the town of Ayer" and inserting in place thereof the words:- Deven, and the towns of Shirley and Ayer, and by striking the words "town of Ayer" when they appear in the third and fourth sentences and inserting in place thereof the words "towns of Ayer and Shirley".

SECTION 57. The first paragraph of section 64 of chapter 365 of the acts of 1996 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There is hereby established within the department of labor and workforce development the Commonwealth Corporation.

SECTION 58. The last paragraph of said section 64 of said chapter 365 is hereby amended by striking out the last sentence, added by section 165 of chapter 43 of the acts of 1997, and inserting in place thereof the following sentence:- The primary purpose of the corporation shall be to serve the needs of working and job-seeking residents of the commonwealth.

SECTION 59. Paragraph (b) of section 200 of chapter 43 of the acts of 1997 is hereby amended by striking out, in line 2, the words "the corporation for business, work and learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 60. Said paragraph (b) of said section 200 of said chapter 43 is hereby further amended by striking out, in line 9, the words "the corporation for business, work and learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 61. Paragraph (c) of said section 200 of said chapter 43 is hereby amended by striking out, in line 5, the words "the corporation for business, work and learning" and inserting in place thereof the following words:- Commonwealth Corporation.

SECTION 62. Item 1100-7985 of section 1B of chapter 152 of the acts of 1997 is hereby amended by inserting after the word "Pittsfield", in line 60, the following words:- including the acquisition of property adjacent thereto.

SECTION 63. Subsection (c) of section 10 of chapter 152 of the acts of 1997, as amended by section 439 of chapter 26 of the acts of 2003, is hereby further amended by striking out clause (iii) and inserting in place thereof the following clause:- (iii) to pay costs, not exceeding $2,000,000 of engineering and construction of surface parking facilities within convention center development area as defined in section 2 of chapter 152, without completion of an antecedent facility study and engineering study as provided in section 38N of chapter 190 of the acts of 1982.

SECTION 64. Clause (iv) of said subsection (c) of said section 10 of said chapter 152 is hereby further amended by striking out the figure "$17,000,000" and inserting in place thereof the following figure:- $23,000,000.

SECTION 65. Item 2200-2011 of section 2 of chapter 236 of the acts of 2002 is hereby amended by inserting after the word "expended", in line 24, the following words:- to reimburse the city of Melrose.

SECTION 66. Item 1102-3013 of section 2 of chapter 245 of the acts of 2002 is hereby amended by striking out the figure "2,000,000" and inserting in place thereof the following figure:- 3,200,000.

SECTION 67. Item 1599-3000 of section 2A of chapter 140 of the acts of 2003 is hereby amended by striking out the number "1599-3000" and inserting in place thereof the following number:- 1599-3002.

SECTION 68. Chapter 140 of the acts of 2003 is hereby amended by striking out section 85 and inserting in place thereof the following section:-

Section 85. Item 4000-0600 of section 2 of said chapter 26 is hereby amended by adding the following words:- and provided further, that notwithstanding any general or special law to the contrary, for any nursing home or nonacute chronic disease hospital with not fewer than 350 licensed beds and not fewer than 90,000 medicaid patient days in a state fiscal year, with an established geriatric teaching program for medical students, residents and fellows, students of nursing and other allied health professionals and with an established institute conducting multidisciplinary research into biomedical, psychological, cognitive behavioral and organizational factors associated with aging, that provides kosher food to its residents, the division of medical assistance, in consultation with the division of health care finance and policy, shall approve a special innovative program, and the division of health care finance and policy, in recognition of the unique special innovative program status granted by the division of medical assistance, shall, for any such nursing home or nonacute chronic disease hospital that provides kosher food to its residents, establish the lower of: (1) actual increase cost; or (2) up to a $5 per day increase to the standard payment rates to reflect the higher dietary costs incurred in providing kosher food.

SECTION 69. Item 0321-1520 of said section 2 of said chapter 149 is hereby amended by striking out the words "provided, that not more than $500,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005" and inserting in place thereof the following words:- provided, that not more than $1,500,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005

SECTION 70. Item 0339-1001 of said section 2 of said chapter 149 is hereby further amended by adding the following words:- and provided further, that $1,000,000 shall be expended for the Commissioner of Probation to implement a global positioning system in collaboration with the Massachusetts parole board utilizing tamper free ankle bracelets to track level 3 sex offenders actively on parole and sex offenders currently being supervised by the office of the commissioner of probation and deemed appropriate for said tracking by said commissioner.

SECTION 71. Item 0540-2000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- provided, that $275,000 shall be expended for the relocation of the North Worcester county registry of deeds to the former General Electric building.

SECTION 72. Item 0810-0000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- and provided further, that $260,000 shall be expended for the Ella J. Baker House in the city of Boston for violence prevention programs for high-risk youth.

SECTION 73. Item 1102-3301 of said section 2 of said chapter 149 is hereby amended by inserting after the words "operation of the bureau" the following words:- and provided further, that no more than $5,000 shall be expended to install and maintain a plaque in the State House honoring Lt. Frances Y. Slanger.

SECTION 74. Item 1201-0130 of said section 2 of said chapter 149 is hereby amended by striking out the word "September" and inserting in place thereof the following word:- October

SECTION 75. Said item 1201-0130 of said section 2 of said chapter 149 is hereby further amended by inserting after the word "town" the following words:- subject to the risk of harm confidentiality provisions of clause (18) of subsection (b) of section 21 of chapter 62C of the General Laws.

SECTION 76. Item 1599-3384 of said section 2 of said chapter 149 is hereby amended by striking out the words "fiscal year 2004" and inserting in place thereof the words "the current fiscal year".

SECTION 77. Item 1599-4121 of said section 2 of said chapter 149 is hereby amended by adding the following words:- and for a health and welfare reserve for eligible personnel employed at the University of Massachusetts.

The following section contains words that were stricken by the Governor.

SECTION 78. Item 2200-0100 of section 2 of chapter 149 of the acts of 2004, is hereby amended by inserting after the words "town of Dartmouth" the following words:- provided further, that $100,000 shall be expended for environmental remediation and cleanup of the Aberjona River in Winchester; provided further, that $25,000 shall be expended for aquatic weed control in the Upper Mystic Lake;provided further, that $100,000 shall be expended for the environmental mitigation of Pillings Pond in the town of Lynnfield; provided further, that $500,000 shall be expended for a sediment and dam removal study for the Assabet River Consortium; provided further, that $500,000 shall be expended for the study and initial phase of Columbia Avenue seawall in Salem; provided further, that $300,000 shall be expended for remediation of Martin's pond in the town of North Reading.

SECTION 79. Item 2810-0100 of said section 2 of said chapter 149, is hereby amended by inserting after the words "Schooner Ernestina Commission" the following words:- provided further, that $500,000 shall be expended for the purchase of information technology systems infrastructure to be used by the department of conservation and recreation for the purposes of program and project monitoring and data collection;.

SECTION 80. Item 2810-2000 of said section 2 of said chapter 149 is hereby amended by inserting after the words "Lawrence Heritage State Park" the following words:- provided further, that $150,000 shall be expended for maintenance, security and improvements at Ames-Nowell State Park in Abington.

SECTION 81. Item 2820-0100 of said section 2 of said chapter 149, is hereby amended by inserting after the words "Fairlawn Street in the city of Malden" the following words:- provided further, that not less than $50,000 shall be expended on the upgrade and reconstruction of recreation equipment at the Dartmouth Public Elementary Schools;.

SECTION 82. Item 4000-0300 of said section 2 of said chapter 149 is hereby amended by inserting after the words "oversight board" the following words:- including administrative costs of the executive office of health and human services and the division of health care finance and policy associated with the implementation of the uncompensated care pool management reforms, including eligibility verification procedures as required by Section 355 of chapter 26 of the Acts of 2003.

SECTION 83. Said section 2 of said chapter 149 is hereby further amended by striking out item 4000-0600 and inserting in place thereof the following item:-

4000-0600 For health care services provided to medical assistance recipients under the department's senior care plan; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that not less than $9,240,000 shall be expended for the purposes of a demonstration project known as the "community choices" initiative, so-called; provided further, that under the demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be covered for any needed community services, including case management, from among those services available under the waiver or under the Commonwealth's Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home admission; provided further, that elders enrolled in the waiver at risk of imminent nursing home admission shall be provided information about the availability of such services; provided further, that for elders who, pursuant to the aforementioned interagency agreement, have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the department shall establish a funding level that, on a monthly average basis, is equal to fifty percent of the median monthly per capita expenditure made by the department for nursing facility services provided to elders; provided further, that such funding level may include the costs of needed waiver services or other needed community services available to the elders under the state plan, provided further, that the interagency agreement shall be amended to implement the demonstration project and shall describe how the funding level will be made available to meet the costs of needed waiver services or other needed community services available to the elders under the state plan; provided further, that the department shall enter into an agreement with each aging service access point participating in the demonstration, which shall describe a system to be followed by each aging service access point, in accordance with state law and requirements under Title XIX of the Social Security Act, for coordination of both waiver and non-waiver community services needed by such eligible elders; provided further, that each aging services access point receiving funds under the demonstration project shall submit monthly reports to the executive office of health and human services and to the department of elder affairs on the care provided and the service expenditures made under the 2176 elder care waiver and such other information as specified by the department and the executive office; provided further, that executive office of health and human services shall prepare a report on all relevant costs and savings associated with the demonstration project; provided further, that the report shall be submitted to the house and senate committees on ways and means by April 1, 2005; provided further, that the department shall expend funds for the purpose of funding base hourly wage increases and related payroll taxes for certified nurses' aides at nursing facilities, in accordance with 114.2 CMR 6.00 et seq; provided further, that effective January 1, 2002, such wage increases shall be over and above any previously collectively bargained for wage increases; provided further, that the division shall report to the house and senate committees on ways and means on the increases given at each facility by February 1, 2005; provided further, that the department shall in correlation with the senior care options program explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or nonacute chronic disease hospital with not fewer than 350 licensed beds and not fewer than 90,000 medicaid patient days in a state fiscal year, with an established geriatric teaching program for medical students, residents and fellows, students of nursing and other allied health professionals and with an established institute conducting multidisciplinary research into biomedical, psychological, cognitive behavioral and organizational factors associated with aging, that provides kosher food to its residents, the division of medical assistance, in consultation with the division of health care finance and policy, shall approve a special innovative program, and the division of health care finance and policy, in recognition of the unique special innovative program status granted by the division of medical assistance, shall, for any such nursing home or nonacute chronic disease hospital that provides kosher food to its residents, establish the lower of: (1) actual increase cost; or (2) up to a $5 per day increase to the standard payment rates to reflect the higher dietary costs incurred in providing kosher food; provided further, that notwithstanding any general or special law to the contrary, all licensed chronic care hospitals located in Hampden county shall be paid under the same Medicaid reimbursement methodology as applied to all other similarly situated chronic care hospitals; provided further, that in calculating the Medicaid reimbursement, such reimbursement shall exclude any costs associated with any beds licensed by the department of mental health; provided further, that effective July 1, 2004 through June 30, 2005, the division of health care finance and policy in collaboration with the executive office of elder affairs shall establish nursing facility payment rates and fully fund allowable costs using calendar year 2002 base year costs; provided further, that the secretary of elder affairs may transfer not more than 3 percent of funds appropriated in this item to item 4000-0620; and provided further, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer................................................$1,697,117,500

SECTION 84. Item 4100-0060 of said section 2 of said chapter 149 is hereby amended by inserting after the words "chapter 118G of the General Laws" the following words:- including administrative costs of the executive office of health and human services and the division of health care finance and policy associated with the implementation of the uncompensated care pool management reforms, including eligibility verification procedures as required by section 355 of chapter 26 of the acts of 2003.

This section was vetoed by the Governor.

SECTION 85. Item 4403-2000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- and provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes.

This section was vetoed by the Governor.

SECTION 86. Item 4403-2120 of said section 2 of said chapter 149 is hereby amended by adding the following words:- and provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes.

This section was vetoed by the Governor.

SECTION 87. Item 4408-1000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- and provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes.

SECTION 88. Item 4512-0200 of section 2 of said chapter 149 is hereby amended by striking out the figure "$370,800" and inserting in place thereof the following figure:- $412,000.

SECTION 89. Item 4516-1000 of said section 2 of said chapter 149 is hereby amended by striking out the words "for the continuation of the raccoon rabies vaccine field trial on Cape Cod operated through a contract with Tufts University School of Veterinary Medicine in collaboration with the federal Centers for Disease Control and Prevention" and inserting in place thereof the following:- and that of the $240,000, $150,000 shall be expended for control and eradication programs for rabies prevention on Cape Cod in conjunction with the Tufts University School of Veterinary Medicine Oral Rabies Vaccine Program.

This section was vetoed by the Governor.

SECTION 90. Said section 2 of said chapter 149 is hereby further amended by striking out item 4800-0038 and inserting in place thereof the following item:-

4800-0038 For stabilization, unification, reunification, permanency, adoption, guardianship, and foster care services provided by the department of social services; provided, that services funded through this item shall include shelter services, substance abuse treatment, family reunification networks, young parent programs, parent aides, education and counseling services, family preservation services, foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement of children with special medical and social needs, assessment of the appropriateness of adoption for children in the care of the department for more than 12 months, protective services provided by partnership agencies, targeted recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families and juvenile firesetter programs; provided further, that any child who would have been eligible for a clothing benefit under regulations in place on January 1, 2004 shall receive a clothing benefit in fiscal year 2005; provided further, that not less than $500,000 shall be expended on the recruitment and retention of foster parents; provided further, that not less than $5,000,000 of the funds appropriated herein shall be expended to increase daily rates paid to foster care, adoptive and guardianship families to increase said rates to the level recommended by the United States Department of Agriculture; provided further, that the commissioner of the department of social services shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on the implementation of said rate increase, the amount the rates will be adjusted by service type and age group, and any other information said commissioner deems necessary; provided further, that the department shall report monthly to the house and senate committees on ways and means on the number of clients served, the cost per unit of service and any available information on the outcome of services provided for each program funded from this item; provided further, that service providers shall provide the department with all information necessary to allow the completion of these reports; provided further, that not later than February 17 of the current fiscal year the department shall provide to the house and senate committees on ways and means a recommendation on whether or not to discontinue any program, including earmarked programs, whose cost per unit of service or service outcomes do not fall within a reasonable standard; provided further, that not less than $348,850 shall be expended for Latinas y Ninos and Casa Esperanza; provided further, that not less than $300,000 shall be expended for Summerhill House in Norwood; provided further, that not less than $298,000 shall be expended for alternative schools for students aged 14 to 16, inclusive, who are placed before the court on child in need of services petitions in region 6; provided further, that not less than $295,000 shall be expended for Massachusetts Families for Kids; provided further, that not less than $257,000 shall be expended for a contract for an integrated family services team in region 6; provided further, that not less than $250,000 shall be expended for the Laboure Center in South Boston; provided further, that not less than $200,000 shall be expended for a statewide contract with Northeastern University for a violence prevention and conflict resolution program; provided further, that not less than $200,000 shall be expended to support the family center component of the Greater Lowell Family Resource Center; provided further, that not less than $100,000 shall be expended in region 1 for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that not less than $150,000 shall be expended for a contract with Julie's Family Learning program in the South Boston section of the city of Boston; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for expansion of a year-round school-based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at high-risk for school dropout; provided further, that not less than $130,000 shall be expended for the Children's Cove Cape and Islands Child Advocacy Center; provided further, that not less than $104,123 shall be provided for the school-age parenting project at Framingham High School; provided further, that not less than $100,000 shall be expended for the operation of the Healthy Families program; provided further, that not less than $99,000 shall be expended on a juvenile firesetters program; provided further, that not less than $50,000 shall be expended for the purpose of providing case management services for the Amity Transitional Housing program in the city of Lynn; provided further, that not less than $35,000 shall be expended by the Framingham office of the Department of Social Services for the Metrowest Campership program operated by the Ashland youth advisory board in partnership with said department; provided further, that not less than $30,000 shall be expended for a contract with Big Brothers and Sisters of Cape Cod and the Islands; provided further, that not less than $20,000 shall be expended for the Massachusetts Association of Portuguese Speakers in Cambridge; provided further, that not less than $20,000 shall be expended for the Haitian Coalition of Somerville; provided further, that not less than $20,000 shall be expended for the Concilio Hispano in Somerville; and provided further, that not less than $15,000 shall be expended for a contract with child and family services of Cape Cod for the court diversion program................................................$261,576,384

SECTION 91. Item 4800-0041 of said section 2 of said chapter 149 is hereby amended by adding the following words:- provided, that not more than $3,500,000 shall be expended for adjustments to tuition for special education services pursuant to section 278 of this act, as amended.

SECTION 92. Said section 2 of said chapter 149 is hereby further amended by striking out item 5920-2025 and inserting in place thereof the following item:-

5920-2025 For community-based day and work programs for adults and for $2,720,000 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2004 pursuant to item 5920-5000 of section 2 of chapter 26 of the acts of 2003; provided, that not less than $302,000 shall be expended for the life focus center in the Charlestown section of the city of Boston, including an alternative work program; and provided further, that not more than $50,000 shall be expended for community-based employment services in region 1 that provide bulk mailing distribution................................................$109,221,278

This section was vetoed by the Governor.

SECTION 93. Item 5920-3000 of said section 2 of said chapter 149, is hereby amended by inserting after the words "federal reimbursement possible for such services" the following words:- ; provided further, that $100,000 shall be expended for the Autism Division.

The following section contains words that were stricken by the Governor.

SECTION 94. Item 7003-0702 of said section 2 of said chapter 149, is hereby amended by inserting after the words "Massachusetts Service Alliance" the following words:- ; provided further, that not less than $600,000 shall be expended for existing Boston youth service providers, as determined by the Boston Workforce Investment Board, who provide youth career exploration, academic support and remediation, and mentoring for at-risk youth in the city of Boston; provided further, that $25,000 shall be expended for the Oak Grove Farm in Millis for safety repairs; provided further, that $25,000 shall be expended for the DeMellow Field in Dartmouth for safety repairs; provided further, that $300,000 shall be expended for a pilot program to provide employment training and job placement by Year Up of Boston; and provided further, that the contribution of said funds shall be matched by contributions from private entities equal to 2 times the expenditures from this item.

SECTION 95. Item 7006-0040 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; and provided further, that $62,500 shall be expended in the Springfield office for the management of the office and staff training in conducting inspections and investigations.

NO SECTION 96.

SECTION 97. Item 7007-0515 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; and provided further, that not less than $25,000 shall be expended for the operation of Berkshire Grown, the buy local campaign of Berkshire County.

SECTION 98. Item 7007-0900 of said section 2 of said chapter 149 is hereby amended by striking out the words "provided further, that $250,000 shall be expended for a grant to the Massachusetts Sports and Entertainment Partnership" and inserting in place thereof the following:- provided further, that $450,000 shall be expended for a grant to the Massachusetts Sports and Entertainment Partnership and provided further, that $390,000 shall be made available to the Devens Dispositions Steering committee, mandated by chapter 498 of the acts of 1993 as amended by chapter 109 of the acts of 2000, to plan for the disposition and development of Devens in the towns of Ayer, Harvard and Shirley.

The following section contains words that were stricken by the Governor.

SECTION 99. Said item 7007-0900 of said section 2 of said chapter 149 is hereby further amended by adding the following words:- ; provided further, that not less than $1,000,000 shall be provided for conflagration mitigation safety improvement grant to the city of Worcester; provided further, that not less than $500,000 shall be expended for fire safety in East Walpole; and provided further, that $300,000 shall be expended for the Greater Boston Convention and Visitors Bureau for the operation of a visitors information center at Waterside place in the city of Boston.

This section was reduced and the following words were stricken and replaced by the Governor.

SECTION 100. Said item 7007-0900 of said section 2 of said chapter 149 is hereby further amended by striking out the figure "$17,053,305" and inserting in place thereof the following figure:- $18,553,306. $17,253,305

SECTION 101. Item 7061-9604 of section 2 of said chapter 149 of the acts of 2004 is hereby amended by inserting after the word "preparations" the following words:- ; provided further, that $75,000 shall be expended for RE-SEED program run through Northeastern University.

SECTION 102. Item 7066-0000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; and provided further, that $500,000 shall be expended for the Massachusetts Nursing and Allied Health Workforce Development Initiative, to develop and support strategies that increase the number of Massachusetts public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health.

This section was vetoed by the Governor.

SECTION 103. Item 7100-0200 of said section 2 of said chapter 149, is hereby amended by inserting after the words "Hispanic Writers in the Schools program" the following words:- ; provided further, that not less than $300,000 shall be expended on fire protection equipment at the University of Massachusetts at Dartmouth relative to the new dormitory construction.

SECTION 104. Item 7118-0100 of said section 2 of said said chapter 149 is hereby amended by striking out the figure "$9,733,263" and inserting in place thereof the following figure:- $8,733,263.

This section was vetoed by the Governor.

SECTION 105. Item 7507-0100 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; provided, that $500,000 shall be expended to for the Nursing Hybrid program to increase enrollment in nursing education and programs.

SECTION 106. Item 7512-0100 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; provided, that $15,000 shall be expended for enhancement to the Chief Robert Mortell Memorial.

SECTION 107. Item 8000-2004 of said section 2 of said chapter 149 is hereby amended by inserting after the word "Convention" the following words:- ; provided, that notwithstanding any general or special law to the contrary, for the purposes of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the agency 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 as reported in the state accounting system.

SECTION 108. Item 8100-0000 of said section 2 of said chapter 149 is hereby amended by adding the following words:- ; provided further, that $100,000 shall be expended for the SCARR program in Newburyport and Haverhill; provided further, that not less than $50,000 shall be expended for patrols in the city of Pittsfield; and provided further, that $50,000 shall be expended for patrols in the Myles Standish State Park in Plymouth.

This section was sent back to the legislature by the Governor with an amendment. See H5085

SECTION 109. Item 8200-0200 of said section 2 of said chapter 149, is hereby amended by adding the following words:- provided further, that $1,500,000 shall be expended for the reopening of a satellite center in Norwood; provided further, that said council shall secure nonpublic funding for operational costs of said center thereafter; and provided further, that not less than $500,000 shall be expended for firearm training.

SECTION 110. Item 8900-0001 of said section 2 of said chapter 149 is hereby amended by striking out the words "and provided further, that the department may expend up to $1,000,000 for the commissioner of probation to implement a global positioning system utilizing tamper free ankle bracelets to track level 3 sex offenders actively on parole".

This section was vetoed by the Governor.

SECTION 111. Item 8900-0001 of said section 2 of said chapter 149, is hereby amended by inserting after the words "to which inmates will be moved" the following words:- ; provided further, that $100,000 shall be expended for the operations of the correction review board.

This section was vetoed by the Governor.

SECTION 112. Item 8910-0000 of said section 2 of said chapter 149, is hereby amended by inserting after the words "new correctional facility in fiscal year 2005" the following words:- ; provided further, that not less than $350,000 shall be provided to the sheriff's department of Norfolk county for security system upgrades.

SECTION 113. Item 8910-6619 of said section 2 of said chapter 149 is hereby amended by inserting after the words "$600,000 in fiscal year 2005" the following words:- ; provided further, that said sheriff may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received.

NO SECTION 114.

SECTION 115. Section 253 of said chapter 149 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary there shall be a pilot program operated by the Barnstable county sheriff to determine the effectiveness of proposed improvements to the regional uniform protocol for sex offender management.

This section was vetoed by the Governor.

SECTION 116. Section 260 of said chapter 149 of the acts of 2004 is hereby amended by inserting after the word "intergovernmental" the following word:- intragovernmental.

This section was vetoed by the Governor.

SECTION 117. Section 261 of said chapter 149 of the acts of 2004 is hereby amended by inserting after the word "intergovernmental", each time it appears, the following words:- or intragovernmental.

This section was vetoed by the Governor.

SECTION 118. Section 261 of said chapter 149 of the acts of 2004 is hereby amended by inserting after the word "intergovernmental", each time it appears, the following words:- or intragovernmental.

SECTION 119. Section 273 of said chapter 149 of the acts of 2004 is hereby amended by striking out the figure "125,000,000" and inserting in place thereof the following:- 240,000,000.

SECTION 120. Section 278 of chapter 149 of the acts of 2004 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, the division of purchased services of the operational services division which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set all such prices in fiscal year 2005 by increasing the final fiscal year 2004 price by the rate of inflation as determined by the division. The division shall also adjust prices for Extraordinary Relief, as defined in 808 CMR 1.06(4). Programs for which prices in fiscal year 2004 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2005 the full price calculated for fiscal year 2004 adjusted by the rate of inflation as determined by the division.

SECTION 121. Said subsection (a) of said section 279 of said chapter 149 is hereby amended by adding the following words:- and Daly Memorial Rink, Brighton.

This section was vetoed by the Governor.

SECTION 122. Said section 279 of said chapter 149 is hereby further amended by adding the following subsection:-

(f) Notwithstanding this section or any other general or special law to the contrary, the division of capital asset management, in consultation with the department of conservation and recreation, shall lease the Veterans Memorial Skating Rink in Arlington to the town of Arlington for 5 years on the same terms and conditions as the prior lease between the town of Arlington and the former metropolitan district commission.

This section was sent back to the legislature by the Governor with an amendment. See H5086

SECTION 123. Said chapter 149 is hereby further amended by inserting after section 279 the following section:-

Section 279A. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, within 30 days of this act the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall enter into a 3 1/2 year lease agreement with Community Rowing, Inc. on the same terms and conditions as the lease dated April 14, 1992 between Community Rowing, Inc. and the former metropolitan district commission. The new lease shall provide Community Rowing, Inc. access to the same facilities for the same period of time each year and shall require the same lease payment as under the previous lease. The new lease shall also include other land, not included in the 1992 lease, that was licensed to Community Rowing, Inc. under a license dated April 9, 2002 between Community Rowing, Inc. and the former metropolitan district commission. The new lease shall be effective on July 1, 2004. The 3 1/2 year lease shall be superior to, and not be disturbed by, any lease entered into concerning the Daley Memorial Rink in Newton as authorized by Section 279 of Chapter 149 of the Acts of 2004, as amended.

During the 3 1/2 year lease, no demolition or other work on the Daly Memorial Rink shall be conducted by the department of conservation and recreation or another entity which has entered into a lease for the use of the Daly Memorial Rink, which would interfere with the full operations of Community Rowing, Inc. between March 15 and November 7, of 2004, 2005, 2006 and 2007.

Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall enter into a second lease with Community Rowing, Inc., which lease shall be for a term of not more than 50 years including extensions. The second lease may, but shall not be required to, run concurrently with the first lease. If the second lease does not run concurrently with the first, the second lease shall run consecutive to the first lease. This lease shall include: the property west of the Daly Memorial Rink and east of the Newton Yacht Club under the custody and control of the department, such area also known as the Community Rowing, Inc. "Locus"; the waterfront area between the Daly Memorial Rink and the Charles River, and in front of the Community Rowing, Inc. Locus; equal access to the Daly Memorial Rink parking lot; the right to maintain sufficient docks for rowing program use along the Charles River in front of the Daly Memorial Rink and the Community Rowing, Inc. "Locus"; and a right of way from the Daly Memorial Rink parking lot to the waterfront area between the Daly Memorial Rink and the Charles River and the Community Rowing, Inc. "Locus".

The consideration for the second lease shall be determined by the department of conservation and recreation under the "2004 Boat Club Permit Renewal" established by the executive office of environmental affairs, office of public private partnership, or as the division of capital asset management, in consultation with the department of conservation and recreation, determines, consistent with the rent determinations made for other boat clubs that lease from the commonwealth and are located on the Charles River and taking into account the public services provided by each boat club and the level of public benefit provided by each boat club and based upon the benefits to the public, the improvements to the property and the operations provided by Community Rowing, Inc.

Community Rowing, Inc. shall assume the costs of any appraisals, surveys and other expenses required by the division of capital asset management, in consultation with the department of conservation and recreation, for the granting of the second lease.

If Community Rowing, Inc. ceases at any time during the term of the second lease to use the property for the storage and program operation described in this section, the lease shall be terminated immediately under such terms and conditions as the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may prescribe.

Any lease or proposed lease or extension of said lease shall be reviewed by the Inspector General for comment and recommendation before any lease is signed or extended.

SECTION 124. Section 280 of said chapter 149 is hereby amended by striking out in the last line the following, "Section 191" and inserting in place thereof:- Section 282.

SECTION 125. Section 283 of said chapter 149 is hereby amended by striking out in the words "House Bill 4850 of 2004" and inserting in place thereof the following words:- this chapter.

SECTION 126. Section 285 of said chapter 149 is hereby amended by inserting after the words "section 22A" the following words:- of chapter 55.

SECTION 127. Section 286 of said chapter 149 is hereby amended by striking out in the last sentence, "section 194" and inserting in place thereof the following words:- section 285.

SECTION 128. Sections 285 through 288 of chapter 149 of the Acts of 2004 shall henceforth be known as the "Town of Lancaster Voter Information Act."

SECTION 129. Subsection (d) of section 298 of said chapter 149 is hereby amended by inserting, after the first sentence, the following sentence:- The excise assessed in such year, however, shall be considered the amount raised by imposing a surcharge for the purpose of section 10 of said chapter 44B in the following fiscal year.

SECTION 130. Subsection (h) of said section 298 of said chapter 149 is hereby amended in the first sentence by inserting, after both occurrences of the words "prior to", the following words:- , or after.

SECTION 131. Said subsection (h) of said section 298 of said chapter 149 is hereby further amended by striking out, in the last sentence, the words "or the".

SECTION 132. Said subsection (h) of said section 298 of said chapter 149 is hereby further amended by striking out the words "June 30, 2005" and inserting in place thereof the following words:- on or before adoption of this section.

SECTION 133. Said subsection (h) of said section 298 of said chapter 149 is hereby further amended by striking out the words "for historic resources and half of such remaining annual revenues for community housing" and inserting in place thereof the following sentence:- If such expenditure is made, the revenues remaining after such expenditure and after any expenditure for purposes of the operation of the community preservation committee made under authority of section 6 of chapter 44B shall be expended as follows: one-half for historic resources and one-half for community housing. Nothing in this section shall preclude the expenditure of funds for the purposes of operation of the community preservation committee, as permitted by section 6 of chapter 44B.

This section was vetoed by the Governor.

SECTION 134. Said chapter 149 is hereby amended by striking out section 355 and inserting in place thereof the following section:-

Section 355. There shall be a special commission to study the impact and effects on youth of the abuse of OxyContin and other prescription and illicit drugs including, but not limited to, Duragesic, Klonopin, Methadone, Morphine, Vicodin, as well as their generic equivalents, and cocaine, heroin, GHB, and MDMA. The commission shall consist of 3 members appointed by the speaker of the house, including the house chair of the joint committee on health care, 3 members appointed by the senate president, including the senate chair of the joint committee on health care, the commissioner of mental health, the commissioner of public health drug control program and 1 member appointed by the governor from the medical and substance abuse treatment community with specialty experience in drug regulation, prescription, treatment and abuse. The commission shall study the prescription, dispensing, treatment and education of those drugs and shall submit a report, including legislative recommendations, if any, to the joint committee on health care and the house and senate committee on ways and means by June 15, 2005.

This section was vetoed by the Governor.

SECTION 135. Section 13 of chapter 196 of the acts of 2004 is hereby amended by adding after the words "5 members who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth" the following:- one of whom shall be a representative of the American Council of Engineering Companies, and.

SECTION 136.Item 6033-0417 of chapter 291 of the acts of 2004 is hereby amended by striking out the words "provided further, that the department shall expend the $785,000 for the completion of the project ongoing for signalization and reconstruction of a bridge and an intersection on North Main Street at Pond Street, Pond Street, West Street, Liberty Street and Grove Street in the town of Randolph as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002" and inserting in place thereof the following:- provided further, that the department shall expend the $785,000 for the completion of the project ongoing for signalization and reconstruction of a bridge and an intersection on North Main Street at Depot Street, Pond Street, West Street, Liberty Street and Grove Street in the town of Randolph as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002.

SECTION 137. Item 6033-0417 of chapter 291 of the acts of 2004 is hereby amended by striking out the words, "provided further, that $60,000 shall be expended for the emergency response preemptor signalization at the intersection of North Main Street at Depot Street and at the intersection of Route 28 and Route 139 in Randolph;" and inserting in place thereof the following words:- provided further, that $60,000 shall be expended for the emergency response preemptor signalization at the intersection of North Main Street at Pond Street and at the intersection of Route 28 and Route 139 in Randolph.

SECTION 138. The first paragraph of chapter 332 of the acts of 2004 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- For any retired state police officer who would have been eligible for the increased retirement allowance under section 90A or section 90C 3/4 of chapter 32 of the General Laws but did not realize the increased allowance because the retired state police officer died before July 1, 2000 and who has a surviving spouse currently receiving a retirement allowance, the surviving spouse shall be entitled to a recalculated retirement allowance.

This section was vetoed by the Governor.

SECTION 139. Notwithstanding any general or special law to the contrary, the department of highways is hereby authorized and directed to assume administration of the portion of state highway route 140 located in the city of Gardner.

SECTION 140. Notwithstanding the provisions of any general or special law to the contrary, no funds dedicated to the abstinence education project in the department of public health shall be used for advertising or media purchases.

This section was vetoed by the Governor.

SECTION 141. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance is hereby directed to promulgate regulations designed to: (a) streamline and simplify signature authorization procedures for clinical laboratory services, and specifically to exclude, as a condition of payment for any laboratory test order form, a physician's handwritten signature; and (b) clarify the billing procedures for specimen referral where the referring laboratories and testing laboratories are subsidiary related. Any change to existing regulation shall require the referring laboratory to disclose on its claim forms (i) the MassHealth provider number for the testing laboratory and (ii) the tests performed by the testing laboratory.

SECTION 142. Notwithstanding any general or special law to the contrary, the unexpended balance of funds made available to the department of workforce development in section 54 of chapter 141 of the acts of 2003, shall not revert to the general fund, and shall be made available for expenditure.

This section was vetoed by the Governor.

SECTION 143. Notwithstanding any general or special law to the contrary the department of environmental protection shall employ not less than one hundred sixteen full-time employees at the Lakeville regional area office, not less than one hundred and thirty full-time employees shall be employed at the Worcester regional area office, and not less than eighty-seven full-time employees shall be staffed at the Springfield regional area office.

SECTION 144. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance is hereby authorized to lease for a term or terms of up to 99 years in accordance with the provisions with this section a portion of the property, together with the building thereon, located at 105 South Huntington Avenue in the city of Boston, to the North American Indian Center of Boston, Inc. Said lease shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance. As consideration for the lease, the lessee shall manage, operate, improve, repair and maintain said portion of said property, and shall operate, improve, repair, replace and maintain the building thereon. As further consideration for such lease, the lessee shall use the lease property to provide educational and social services to the Native American community, and related functions. The exact boundaries of the portion of the property to be leased pursuant to this section shall be determined by the commission of the division of capital asset management and maintenance.

This section was vetoed by the Governor.

SECTION 145. Notwithstanding any general or special law to the contrary, the Massachusetts Turnpike Authority shall study the feasibility of utilizing sound-reducing surface material on interstate highway route 90 in the city of Newton.

This section was vetoed by the Governor.

SECTION 146. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance shall be prohibited from declaring as surplus or from conveying and the Massachusetts Highway department is prohibited from leasing state owned real property located in the town of Uxbridge on which is proposed the route 146 southbound visitor center and rest stop.

This section was vetoed by the Governor.

SECTION 147. Notwithstanding any general or special law to the contrary, in the event the division of health care finance and policy conducts or utilizes an audit of nursing facilities' calendar year 2002 base year costs for the purpose of reducing rates below levels that would be in effect in the absence of the audit, the division shall disallow no more than $22,000,000 in the aggregate in fiscal year 2005 rates unless (1) fifty percent of total nursing facilities licensed in calendar year 2002 are audited in an identical full-scope manner as applied in the division's originally proposed 114.2 CMR 6.00 Standard Payments to Nursing Facilities regulation issued in May 2004, (2) each audited nursing facility has the right to appeal to the division of administrative law appeals, and that an increase in the aggregate $22,000,000 disallowance amount shall not take effect until each such appeal is completely adjudicated; (3) the division conducts a public hearing outlining the methodology and reason for disallowing more than $22 million aggregate amount, taking into account the impact on patient care; (4) the results of said audits are concluded prior to June 30, 2005; and (5) in no event shall the aggregate disallowances resulting from any such audit complying with clauses (1) through (4) exceed $51,000,000.

This section was vetoed by the Governor.

SECTION 148. Notwithstanding any general or special law to the contrary, there shall be a committee comprised of the secretary of administration and finance or his designee, two members of the senate selected by the president of the senate, and two members of the house of representatives selected by the speaker of the house of representatives, to oversee and direct a study by a private entity which shall be agreed upon by a majority of the members of such committee to analyze current Medicaid reimbursements to hospitals, physician practices, community health centers and other healthcare providers that provide health care to patients who receive medical benefits or medical assistance pursuant to chapter 118E of the General Laws. Said study shall include, but not be limited to the following:

(1) the amount of Medicaid reimbursement to hospitals, physician practices, community health centers and other health care providers as compared to costs reasonably incurred by said hospitals, physician practices, community health centers and other health care providers for health care provided to patients pursuant to said chapter 118E;

(2) the amount of reimbursement as compared to costs reasonably incurred by hospitals, community health centers and other relevant health care providers for free health care provided to patients pursuant to said chapter 118G;

(3) the identity of measures to control costs, and to improve efficiency, to assure health care outcomes, and to increase accountability for said hospitals, physician practices, community health centers and other health care providers;

(4) the identity of health, safety and economic risks and impacts associated with the amount of reimbursement to said hospitals, physician practices, community health centers and other health care providers, including restricting patient access to needed health care, emergency department diversion, facility closures, deterioration of facility infrastructure, job loss, and workforce shortages in the allied health professions;

(5) the identity of a dedicated source of revenue to provide a rate of reimbursement to said hospitals, physician practices, community health centers and other health care providers more consistent with the costs reasonably incurred by such hospitals, physician practices, community health centers and other health care providers;

(6) the amount recommended to be appropriated from the fund and a schedule thereof in addition to the other monies appropriated by the general court for reimbursement to hospitals, physician practices, community health centers and other health care providers for health care provided to patients enrolled in the commonwealth's Medicaid program; and

(7) the analysis of any other issue, measure, condition or impact as directed by the committee related to the provision of health care services and access to such services for patients enrolled in the commonwealth's Medicaid program.

Said committee shall submit the study to the chairs of the house and senate committees on ways and means, the joint committee on health care, and the chair of the house committee on medicaid by January 1, 2005.

In conjunction with the preparation of the commonwealth's comprehensive annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of said fund.

SECTION 149. There shall be a special commission known as the West Roxbury master plan commission for the purpose of making an investigation and study relative to the development of a master plan for West Roxbury section of the city of Boston. The commission shall consist of the senator from the Suffolk and Norfolk district, the representative from the tenth Suffolk district, the representative in congress from the ninth congressional district of Massachusetts, the director of the Boston Redevelopment Authority, who shall serve as chairman, the secretary of transportation, the secretary of environmental affairs, the secretary of economic development, and 2 persons to be appointed by the mayor of Boston who shall be residents of the West Roxbury section of the city of Boston.

The investigation and study shall include: (1) an evaluation of the nexus between economic development, housing and transportation in the West Roxbury section of the city of Boston; (2) an evaluation of the pedestrian, public transit and automobile transportation network in West Roxbury, including department of conservation and recreation controlled parkways and boulevards; (3) an evaluation of existing open space in West Roxbury, both private and publicly-owned, including land used for active and passive recreational use, and land adjacent to department of conservation and recreation parks, parkways and boulevards; (4) an evaluation of policy mechanisms to generate and keep wealth in West Roxbury; (5) an evaluation of mechanisms to increase opportunities for existing small businesses in the community to better serve West Roxbury, including, but not limited to an analysis of all existing federal, state, and city of Boston financial programs, including grants and loans, the purpose of which is to assist existing businesses or business development; and (6) an evaluation of public infrastructure investments in West Roxbury as a tool for economic development. No member of the commission shall receive any compensation for his services, nor shall a member be reimbursed for any travel expenses or actual expenses incurred in carrying out his duties as a member of the commission.

The commission shall report the results of its investigation and study, including a minority report, if any, together with its recommendations and drafts of the master plan, by filing the same with the clerk of the Boston city council on or before June 30, 2007 and with the clerks of the house of representatives and the senate, who shall forward the same to their respective committee on ways and means.

This section was vetoed by the Governor.

SECTION 150. There shall be a special legislative task force to determine the need and feasibility to license pump installers to protect public health and safety and the safety of public water supply in Massachusetts. This task force shall consist of 11 members and shall be chaired by the house and senate chair of the joint committee on natural resources and agriculture. The other 9 members shall include the chairman of the water resources commission, or his designee, the commissioner of the department of environmental protection, or his designee, the commissioner of the department of public health, or his designee, the director of the division of professional licensure, or his designee, and 5 members appointed by the governor, 1 of whom shall be a qualified member of the statewide boards of public health officials association who has been recommended to the governor by the association executive committee, 1 qualified and experienced certified well driller who is a current member of the state-wide well drillers association, and who has been recommended to the governor's office by the association's executive committee, 1 qualified and experienced certified well pump installer who is a current member of the state-wide well drillers association and who has been recommended to the governor by the association's executive committee, 1 member who is a licensed plumber, and 1 member who is a licensed electrician.

The task force shall report to the general court the results of its investigation and study and its recommendations, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the house of representatives and the senate on or before November 11, 2004.

SECTION 151. The division of insurance shall conduct a study of the feasibility of creating a consumer decision support data repository containing comparative data on the cost and quality of health care services. The data repository is intended to assist consumers by providing comparative information to help them decide where best to receive health care services for which they must pay all or a portion of the cost under the terms of their health insurance plan. As part of its study, the division shall: catalog existing public and private sources of data regarding the cost and quality of services provided by health care facilities and clinicians; determine the feasibility of linking or aggregating those data sources into a single, statewide consumer decision support data repository that can be readily accessed and easily understood by consumers making choices between health care facilities and clinicians based on cost and quality; identify any gaps or limitations in existing data sources that would limit the ability of consumers to use the data repository to make choices between health care facilities and clinicians based on cost and quality; identify any barriers to creating the data repository, including any technical limitations or copyright restrictions on existing data; and estimate the cost of developing and maintaining the data repository.

The division shall file a report detailing its findings along with any legislation necessary to create and implement a single, statewide consumer decision support data repository with the chairs of the joint committees on health care and insurance and the house and senate committees on ways and means by no later than December 31, 2004.

SECTION 152. Notwithstanding the provisions of subsection (h) of section 46 of chapter 121B of the General Laws or any other general or special law to the contrary, the Attleboro Redevelopment Authority may own, construct, finance and maintain intermodal transportation terminals within an urban renewal project area. As used in this provision intermodal transportation terminal shall mean a facility modified as necessary to accommodate several modes of transportation which may include, but not be limited to, inter-city mass transit service, rail or rubber tire, motor bus transportation, railroad transportation, and airline ticket offices and passenger terminal providing direct transportation to and from airports.

SECTION 153. Notwithstanding any general or special law to the contrary, the Secretary of Administration and Finance is hereby authorized to indemnify, exonerate, defend and hold harmless the former Superintendent of the Bureau of State Office Buildings, Dennis Smith, from personal financial loss and expenses, including legal fees and costs, if any, in an amount not to exceed $1,000,000 arising out of or relating to Mohammadipour v. Bureau of State Office Buildings et al , Suffolk Superior Court civil action docket number 99-1713A.

SECTION 154. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the division of health care finance and policy and the secretary of health and human services, shall transfer $12,000,000 from the General Fund, effective June 30, 2004, to the Uncompensated Care Trust Fund for the administration of the uncompensated care pool during hospital fiscal year 2005.

SECTION 155. Notwithstanding any general or special law to the contrary, the rink formerly known as the Walter C. Bryan Memorial Rink in the West Roxbury section of the city of Boston shall be named the Jim Roche Memorial Rink.

This section was vetoed by the Governor.

SECTION 156. Notwithstanding any general or special law to the contrary, the board of higher education's authority to implement tuition waivers for public institutions of higher education in the Commonwealth solely on the basis of scores on MCAS exams shall be limited to waivers set with reference to a student's MCAS scores relative to other students enrolled in or resident in the student's district of enrollment or residence. The board shall not implement tuition waivers solely on the basis of a student's scores on MCAS exams relative to scores on MCAS exams statewide.

This section was vetoed by the Governor.

SECTION 157. Notwithstanding any general or special law, rule or regulation to the contrary, a certain parcel of land located on the northerly side of Medford Street in the Charlestown section of the city of Boston is hereby eliminated as a Designated Port Area under C.M.R. 25 and 310 C.M.R. 9 and any other applicable provision of the code of Massachusetts regulations. Said parcel is located at 261-287 Medford Street in Charlestown, assessor's parcel number 02-02750-000, contains approximately 30,470 square feet of land and is registered under certificate of title number 109069 in the Registry District of Suffolk County.

SECTION 158. Notwithstanding any general or special law to the contrary, in order to improve administrative efficiency and preserve fiscal resources, the secretary of the executive office of health and human services may identify administrative activities and functions common to the separate agencies, departments, offices, divisions and commissions within the executive office and to designate such functions "Core Administrative Functions". Common functions that may be designated Core Administrative Functions include, without limitation, human resources, financial management, information technology and human services transportation. All employees performing functions so designated may be employed by the executive office, and the executive office shall charge the agencies, departments, offices, divisions and commissions for such services, subject to appropriation.

Upon the designation of a function as a Core Administrative Function, the employees of each agency, department, office or commission who perform such core administrative functions may be transferred to the executive office of health and human services. The reorganization shall not impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Nothing in this section shall be construed to impair or change an employee's status, rights, or benefits under chapter 150E of the General Laws.

This section was vetoed by the Governor.

SECTION 159. Notwithstanding any general or special law to the contrary, in the event the division of health care finance and policy conducts or utilizes an audit of nursing facilities' calendar year 2002 base year costs for the purpose of reducing rates below levels that would be in effect in the absence of the audit, the division shall disallow no more than $22 million in the aggregate in fiscal year 2005 rates unless (1) fifty percent of total nursing facilities licensed in calendar year 2002 are audited in an identical full-scope manner as applied in the division's originally proposed 114.2 CMR 6.00 Standard Payments to Nursing Facilities regulation issued in May 2004, (2) each audited nursing facility has the right to appeal to the division of administrative law appeals, and that an increase in the aggregate $22 million disallowance amount shall not take effect until each such appeal is completely adjudicated; (3) the division conducts a public hearing outlining the methodology and reason for disallowing more than $22 million aggregate amount, taking into account the impact on patient care; (4) the results of said audits are concluded prior to June 30, 2005; and (5) in no event shall the aggregate disallowances resulting from any such audit complying with clauses (1) through (4) exceed $51,000,000.

SECTION 160. Notwithstanding any general or special law to the contrary, for fiscal years 2005 to 2010, inclusive, all tuition and fees received by a board of trustees of the Massachusetts Maritime Academy shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board of the institution may direct. Any balance in the trust funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the boards of trustees of public higher education institutions as a direct result of the implementation of this section.

This section was vetoed by the Governor.

SECTION 161. Notwithstanding any general or special law to the contrary, the definition of critical access services pursuant to section 1 of chapter 118G of the General Laws as scheduled to be implemented on October 1, 2004 shall be delayed until April 1, 2005.

SECTION 162. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the division of health care finance and policy and the secretary of health and human services, shall transfer $3,000,000 from the General Fund, effective June 30, 2004, to the Uncompensated Care Trust Fund for free care payments to community health centers during hospital fiscal year 2004.

SECTION 163. The Massachusetts Maritime Academy shall submit to the board of higher education, and said board shall consider, a proposal under clause (p) of section 22 of chapter 15A of the General Laws, as amended by section 63 of this act. The proposal shall establish tuition rates and admission standards for the college, and shall assure that the number of undergraduate degree candidates who are Massachusetts residents enrolled on October 1 of 2004 and each subsequent year thereafter shall be no less than 60 per cent of the total number of undergraduate degree candidates enrolled, or the number of Massachusetts residents enrolled on October 1, 2003, whichever is greater. In-state tuition rates for the college shall preserve affordability for Massachusetts residents. Out-of-state tuition rates shall appropriately balance the financial needs of the college with the need to be competitive with peer institutions regionally and nationwide. The proposal shall include provisions for performance standards specific to the mission of said college to be used in place of the performance measurements system otherwise in effect.

This section was vetoed by the Governor.

SECTION 164. Pursuant to authority granted to it by section 65A of Chapter 152 and notwithstanding any general or special law to the contrary, the Workers Compensation Rating and Inspection Bureau (hereinafter referred to as "WCRIB") shall initiate a cost containment pilot project for the workers' compensation assigned risk pool whereby third party claims administrators meeting certain criteria shall service claims for policies issued by said assigned risk pool in an effort to reduce losses and introduce competition and innovation into said pool. The WCRIB shall adhere to the following guidelines when implementing said pilot project:

(1) Any third party administration firm wishing to handle claims from the assigned risk pool must evidence its ability to perform its services based upon the qualification of its key operating personnel and documentation must be submitted demonstrating the claims experience of said personnel.

(2) The third party administration firm must have at least 5 years of experience administering claims for insured first dollar workers compensation programs, so-called, in the commonwealth of Massachusetts and past experience servicing claims in the Massachusetts workers compensation reinsurance pool. The third party administrator firm must also be a certified Massachusetts Utilization Review Agent. The third party administrator must submit a list to the WCRIB, in a format prescribed by the WCRIB, of all its client employers who have Massachusetts workers compensation insurance premium and the names of the insurance carriers for whom they have administered Massachusetts workers compensation reinsurance pool claims. The WCRIB shall have the right to inspect the books and business records of the third party administration firm in order to verify that their list is complete. The third party administrator must demonstrate to the WCRIB that it possesses and utilizes a management information system capability that allows for both computer access to its claims file by the pool carrier to whom the risk has been assigned and on whose behalf the administrator is administering claims for pursuant to the pilot project. The third party administrator designee must demonstrate that its data can be electronically transferred either directly to the insurer or to an intermediary that would convert the data to a format compatible to the claims data system used by the servicing carrier.

(3) The pilot project shall commence on November 1, 2004 and shall end on November 1, 2007. The WCRIB shall set aside at least 15 million dollars of the total written pool premium in the first year of the pilot project and 20 million dollars of the total written pool premium in the second year for claims administration by qualified third party claims administration firms. Satisfactory performance criteria for the pilot program shall be established by the WCRIB and shall include, but not be limited to, the following: actual cost savings attributable to the servicing administrators, efficiency of claim handling, and accuracy and timeliness of information flow between all parties. The WCRIB shall review the operations of the servicing administrators on an ongoing basis to determine if their performance has been satisfactory according to the criteria created for judging such. Computer access to claim files and a start-up kit shall be immediately provided to the appropriate insurance carrier(s) by the third party administration firms participating and an information transmittal relative to the claims being administered shall be provided to said carriers every 30 days in accordance with the standards established by the insurer. After each year of the pilot program, the WCRIB may, based on performance, increase the amount of premium to be assigned to third party claims administration firms participating in the pilot project. After three years, the performance results of the third party administrators participating in the pilot program shall be measured by the WCRIB against the overall performance of the entire assigned risk pool. Said results shall then be compiled by the WCRIB for a report that shall be submitted to the House and Senate chairs of the joint committee on commerce and Labor at the end of the 3-year pilot project. The first report shall be filed by the WCRIB on November 31, 2007.

(4) Pursuant to standards established by the WCRIB's Board of Directors, the WCRIB shall allocate business under this pilot project to qualified third party administration firms that have no common ownership with any insurer writing workers' compensation insurance in the commonwealth. Only those third party administration firms that have demonstrated an ability to significantly reduce workers' compensation losses for their client companies shall be considered for allocation of such pool business under this project. The claims servicing fees that shall apply to the business so allocated shall be the same as those presently paid to other service handling companies by the workers compensation assigned risk pool as authorized by the WCRIB under chapter 152, General Laws. Any third party administration firm designated by the WCRIB to administer claims shall adhere to any and all standards of performance as such standards are written in the pool's plan of operation at the time of the pilot.

SECTION 165. For income tax years beginning after January 1, 2004 but before January 1, 2005, there shall be deducted from Part B adjusted gross income in determining Part B taxable income, under chapter 62 of the General Laws, amounts expended by an individual for tolls paid for through a FastLane account or for weekly or monthly transit commuter passes for MBTA transit or commuter rail, not including amounts reimbursed by an employer or otherwise. In the case of a single person or a married person filing a separate return or a head of household, as defined in chapter 62 of the General Laws, filing a separate return, this deduction shall apply only to the portion of such expended amount that exceeds $150, and the total amount deducted shall not exceed $750. In the case of a married couple filing a joint return, this deduction shall apply only to the portion of such amount expended by each individual that exceeds $150, and the total amount deducted shall not exceed $750 for each individual. The commissioner of revenue shall adopt regulations necessary for the implementation of this section.

SECTION 166. The division of capital asset management and maintenance is hereby authorized and directed to transfer care and custody of a parcel of vacant commonwealth land in the town of Sandwich to the chief medical examiner for use as a location for a new medical examiner's facility. The parcel to be transferred will be an approximately two acre portion of an approximately twelve acre parcel of land located northerly of Sandwich Road and easterly of Simpkins Road in the town of Sandwich currently under the control and jurisdiction of the military division. The exact boundaries of the parcel to be transferred are to be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter seven of the General Laws. The division of capital asset management and maintenance is authorized, as necessary, to clear title to the parcel to be transferred by eminent domain taking.

SECTION 167. The intersection of Herring Pond Road and State Road (Route 3A) in the town of Plymouth shall hereby be known as the Lance Corporal Jeffrey C. Burgess, USMC Memorial Square. The department of highway will authorize the Jeffrey C. Burgess Memorial Fund to erect and maintain a memorial consisting of a granite marker with Lance Corporal Burgess's name, rank, the dates of his birth and death while serving for Iraqi Freedom.

This section was vetoed by the Governor.

SECTION 168. The division of administration and finance, in consultation with the Massachusetts office of travel and tourism and the Massachusetts Film Bureau, shall study the creation of a tax-based instrumentality for encouraging the activity of film production in the commonwealth. The study shall review, but not be limited to, whether such an instrumentality would increase film production in the commonwealth, the probable costs of such an instrumentality compared to the economic benefits attendant to increasing film production in the commonwealth, actions taken by other states in creating such an instrumentality, how a "film" should be defined for purposes of any proposed instrumentality and the types of taxpayers most likely to benefit from any proposed instrumentality. The division shall report its findings to the joint committee on commerce and labor, the joint committee on education arts and humanities and the house and senate committees on ways and means no later than October 30, 2004.

This section was sent back to the legislature by the Governor with an amendment. See H5087

SECTION 169. The office of jury commissioner shall establish an administrative records list of the commonwealth's residents 17 years and older for the purpose of testing the feasibility of using such a list for the creation of jury pools. The following state agencies shall provide in electronic form a list of residents 17 years and older contained in their respective databases: state secretary, registry of motor vehicles, department of revenue, department of transitional assistance, and division of unemployment assistance. In addition, cities and towns that conduct an annual census shall provide such data, and all commonwealth colleges and universities shall provide such data from enrollment records. Said lists shall contain, name, residential address, mailing address and date of birth to the extent that they possess this information, in a format to be specified by the office of the jury commissioner. In those cases where a federal waiver or authorization is needed in order to provide this information, each agency or entity shall take all necessary steps to seek such authorization or waiver. No information shall be provided to the office of jury commissioner beyond that required to create the administrative records list. The office of the jury commissioner shall treat the lists and the information contained in them confidential to the extent required by law. Nothing shall be included in the administrative records list that would indicate from which source list the information on any individual resident was derived. The commissioner may secure and use additional lists from non-governmental institutions and sources in order to create the administrative records list. The commissioner shall provide in electronic form a copy of the administrative records list to the state secretary for purposes of testing its use to maintain voter registration lists and testing its use as a source for street lists for the cities and towns of the commonwealth. Testing of the administrative records list shall not replace any requirement of present law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall report their findings and recommendations based on the testing required by this section to the clerks of the senate and house of representatives not later than June 30, 2006.

SECTION 170. In accordance with the intent of the March 22, 2004, Lancaster Special Town Meeting, approval by the voters of the town at the November 2, 2004, state election of the ballot question authorized by section 283 of chapter 149 of the acts of 2004 shall be deemed to constitute: (a) acceptance of the obligations set forth in sections 280 through 282 of chapter 149 of the acts of 2004; and (b), approval of the special one year override of the limitations imposed by section 21C of chapter 59 of the General Laws, Proposition 2 1/2, so-called, as authorized by section 280 of said chapter 149, to provide for the purchase of an annuity instrument to satisfy the financial obligations imposed upon the town of Lancaster under section 280 of chapter 149, and therefore, approval of the March 22, 2004, appropriation in the amount of $650,000 for such purposes. If for any reason this act is not in effect on November 2, 2004, and the voters of the town of Lancaster approve the question authorized by section 283 of chapter 149 of the Acts of 2004, such approval shall be deemed to have the legal consequences set forth herein, and any action taken by the town of Lancaster with regard thereto shall be ratified, validated and confirmed as if this act had been in place prior thereto.

This section was vetoed by the Governor.

SECTION 171. Section 3. Employees covered by the terms of the collective bargaining agreements listed in 1599-4123 and 1599-4124 and who, after July first two thousand and three, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July first two thousand and three, shall be paid, no later than November nineteenth, two thousand and four, a lump sum amount equal to the difference between (a) the salary specified in the relevant agreement and (b) the salary each received, for the time they were employed during the period July first, two thousand and three through June thirtieth, two thousand and four; provided, further, that notwithstanding any provisions of chapter thirty-two to the contrary, the amount of the retirement allowance paid under any provisions of chapter thirty-two to an employee who prior to retirement was covered by the terms of the collective bargaining agreements listed in 1599-4123 and 1599-4124 and who retired after July first, two thousand and three, shall be calculated as though the employee's regular compensation for any period of employment from July first, two thousand and three through June thirtieth, two thousand and four had been received by the employee in accordance with the provisions of such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to such an employee's retirement allowance, including payments retroactive to the effective date of retirement.

SECTION 172.

NO SECTION 173.

SECTION 174. Subsection (b) of said section 279 of said chapter 149 of the acts of 2004 is hereby amended by striking out the last sentence, and inserting in place thereof the following words:-

The failure of any city or town to apply for pre-qualification as set forth below shall not prohibit that city or town from bidding under this section.

Before the division, in consultation with the department, sends out any request for proposal under this section, the division shall hold open a pre-qualification period of at least one month for cities and towns that desire to bid on rinks that are listed in this section and are located within the city or town. Any city or town that desires to lease a rink under this section may submit materials for prequalification. Such pre-qualification may include, but may not be limited to, said city or town's ability to finance the capital improvements determined to be necessary at each rink listed in this section by the division and to manage, operate and maintain the properties. The division, in consultation with the department, shall determine whether a city or town is prequalified within 15 days of the end of the prequalification period. If a city or town is determined to be pre-qualified, that city or town shall be awarded the lease for that rink under the terms and conditions set forth in subsection (a) and the first paragraph of subsection (b). If a city or town is determined to be pre-qualified, the city or town shall pay nominal consideration for a lease. The length of such lease shall be determined between the division and said city or town.

This section was vetoed by the Governor.

SECTION 175. Section 260 of chapter 149 of the acts of 2004 is hereby amended by inserting in line 7 after the word "Holyoke" the following words:- or other sources of public funding including but not limited to any transfer of grant funding from the Distressed Provider Expendable Trust Fund.

This section was vetoed by the Governor.

SECTION 176. Section 261 of chapter 149 of the acts of 2004 is hereby amended by inserting in line 7 after the word "Lawrence" the following words:- or other sources of public funding including but not limited to any transfer of grant funding from the Distressed Provider Expendable Trust Fund.

This section was vetoed by the Governor.

SECTION 177. Section 261 of chapter 149 of the acts of 2004 is hereby amended by inserting in line 7 after the word "Boston" the following words:- or other sources of public funding including but not limited to any transfer of grant funding from the Distressed Provider Expendable Trust Fund.

This section was vetoed by the Governor.

SECTION 177A. Notwithstanding any general or special law to the contrary, there shall be a house working group that shall continue to work on recommendations on how to improve the charter school tuition financing system and the process for selecting charter schools to ensure that charter school funding be reflective of changes made to the state education funding formula under chapter 70 of the General Laws. The working group shall consist of the speaker of the house of representatives, or his designee, and four additional designees of the speaker of the house, including representatives of the minority party of the house, or their designees, the joint committee on education, arts and humanities, and the house on ways and means. On or before July 1, 2005, or at the time legislative changes, to state education funding under chapter 70 of the General Laws are under consideration, the working group shall file recommendations with the joint committee on education, arts and humanities on how to align the existing financing system for charter schools with future changes to state education funding under chapter 70 of the General Laws.

This section was vetoed by the Governor.

SECTION 177B. (a) The commissioner of the division of capital asset management and maintenance is hereby authorized to convey to the town of Southbridge, for nominal consideration, notwithstanding the provisions of sections 40F through 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law or any rule or regulation to the contrary, a parcel of state-owned land located in said town, formerly under the care and control of the Armory Commission, for use by said town for municipal or any other public purpose, including the leasing of said property to not-for-profit organizations. Said parcel, as shown on deed, was conveyed from inhabitants of the town of Southbridge to the commonwealth of Massachusetts, dated September 15, 1958 and recorded on October 22, 1958 in the Worcester district registry of deeds, Book 3979 page 461.

(b) The town of Southbridge shall pay for all costs of the appraisal, survey and deed preparation for the conveyance of the property authorized by this act as deemed necessary by the commissioner of the division of capital asset management and maintenance.

(c) In the event that said property ceases to be used at any time for the purpose described in section 1, or is used for any purpose other than the purpose stated herein, said property, upon notice by the commissioner of the division of capital asset management and maintenance, shall revert to the care and control of the commonwealth and any further disposition of said property shall be subject to the provisions of sections 40E through 40J, inclusive, of chapter 7 of the General Laws, and require the prior approval of the General Court.

SECTION 178. Sections 35, 36, 37 and 49 shall apply to those pending cases in which no final judgment has entered as of the effective date of this act.

SECTION 179. Sections 124, 125, 126, 127, 128 and 170 of this act shall take effect upon passage.

SECTION 180. Section 32 of this act shall take effect on July 1, 2005.

SECTION 181. Section 83 shall be effective November 26, 2003.

SECTION 182. Section 40 shall take effect on October 1, 2004.

SECTION 183. Unless otherwise specified, the provisions of this act shall take effect upon passage.

Approved September 17, 2004.

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