Print Print
  • Acts
  • 2005
  • Chapter 6 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2005 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith appropriations for the fiscal year beginning July 1, 2004, and to make certain changes in law, therefore it declared to be an emergency law, necessary for the immediate preservation of thepublic 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 2005, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2005. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

SECTION 2.

JUDICIARY
Board of Bar Examiners

0321-0100 ........................................................................................................................................... $34,029

Committee for Public Counsel Services

0321-1510...........................................................................................................................................$10,950,630

0321-1520...........................................................................................................................................$1,031,546

0321-2000...........................................................................................................................................$34,571

EXECUTIVE
Secretary of the Commonwealth

0521-0000...........................................................................................................................................$74,848

STATE AUDITOR
Office of the State Auditor

0710-0000 ........................................................................................................................................... $375,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary for Administration and Finance

1599-1971 ........................................................................................................................................... $33,065,538

Department of Revenue

1232-0100 ...........................................................................................................................................$3,000,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation

2820-2000 ........................................................................................................................................... $733,466

2820-9005........................................................................................................................................... $1,452,674

EXECUTIVE OFFICE OF TRANSPORTATION
Department of Highways

6010-0002 ........................................................................................................................................... $1,700,000

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Department of Housing and Community Development

7004-9005 ...........................................................................................................................................$4,500,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health

4510-0810 ........................................................................................................................................... $128,000

4512-0103 ........................................................................................................................................... $2,200,000

Department of Mental Health

5042-5000 ........................................................................................................................................... $1,702,047

Department of Youth Services

4200-0100 ........................................................................................................................................... $99,661

4200-0300 ........................................................................................................................................... $2,481,529

Department of Veterans' Services

1410-0400 ........................................................................................................................................... $992,026

EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of State Police

8100-0007 ........................................................................................................................................... $3,950,000

Military Division

8700-0001 ........................................................................................................................................... $1,050,000

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 in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2005. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary for Administration and Finance

1599-4051
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93 and the Service Employees International Union, AFL-CIO, Locals 888 and 509, and to meet the fiscal year 2005 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by that agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover those positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that $25,000 of this appropriation shall be made available through June 30, 2006 .......$9,544,917

The Governor disapproved the following item [for message, see House, No. 41]
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/Faculty 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 Officers, Local 432, Units A and B; the International Brotherhood of Teamsters, Local 25 (2 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 the payments shall fund the fiscal year 2004 payments associated with salary adjustments and other economic items provided for in the collective bargaining agreements; provided further, that, not later than 30 days from the effective date of this act, employees covered by the terms of the collective bargaining agreements 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 from July 6, 2003 to December 31, 2003; provided further, that employees covered by the collective bargaining agreements in this item shall, subject to appropriation in fiscal year 2005 and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to the collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided further, that the president of the University of Massachusetts shall expend these funds for such salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated in this item 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 in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E or any other general or special law to the contrary nor the expiration of any collective bargaining agreement and any contractual requirements 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 and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of any collective bargaining agreement; provided further, that notwithstanding said chapter 150E 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 institution of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2004, as otherwise provided in the collective bargaining agreements .................................... $21,651,754

The Governor disapproved the following item [for message, see House, No. 41]
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 the 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 30 days from the effective date of this act employees covered by 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 from July 6, 2003 through December 31, 2003; provided further, that employees covered by the collective bargaining agreements in this item shall, subject to appropriation in fiscal year 2005 and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to the collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided further, that the chancellor of higher education shall expend these funds for such salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements in this item; provided further, that funds appropriated in this item shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor 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 in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E, or any other general or special law to the contrary or the expiration of any collective bargaining agreement and any contractual requirements 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 and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of any collective bargaining agreement; provided further, that notwithstanding said chapter 150E 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 institution of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2004, as otherwise provided in such collective bargaining agreement .......................................$8,291,573

The Governor disapproved the following item [for message, see House, No. 41]
1599-4125
For a reserve to pay the collective bargaining costs for the Massachusetts Community College Council; provided, that the funds appropriated in this item 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 $174,409 shall be transferred to Massachusetts Bay 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 Quinsigamond 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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Department of Housing and Community Development

7004-1000
For a one-time state supplement to the federal Low Income Home Energy Assistance Program for the purpose of assisting low-income elders, working families and other households with the purchase of heating oil, propane and natural gas and electricity and other primary or secondary heating sources; provided, that expenditure of these supplemental funds shall be made in accordance with the state plan submitted by the department of housing and community development in accordance with the federal program; and provided further that the department shall increase any previously established maximum assistance for which a household is eligible, in recognition of the state supplement ....................................................................................................................$7,500,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Department of Business and Technology

7007-9020
For the Massachusetts Office of Travel and Tourism; provided, that the office shall grant not less than $2,000,000 to the Massachusetts International Marketing Partnership, Inc. for international tourism marketing efforts; provided further, that the grant shall be made not later than June 30, 2005; and provided further, that the grant shall be contingent upon certification by the comptroller that $2,000,000 has been transferred by the Massachusetts International Trade Council, Inc. from the Massachusetts International Tourism Fund, established pursuant to section 60 of chapter 141 of the acts of 2003, to the General Fund ................................................. $2,000,000

SECTION 3. Section 133 of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 12, the words "twenty per cent" and inserting in place thereof the following word:- 20 degrees.

SECTION 4. Section 4 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 144 and 145, the words "or for which said veteran receives a federal military pension".

SECTION 5. Section 2 of chapter 40R of the General Laws, as appearing in section 92 of chapter 149 of the acts of 2004, is hereby amended by striking out the definition of "Density bonus payment" and inserting in place thereof the following definition:-

"Density bonus payment", a one-time payment to a municipality from the trust fund, established in section 35AA of chapter 10 for each housing unit of new construction that is created in a smart growth zoning district.

SECTION 6. Said section 2 of said chapter 40R, as so appearing, is hereby further amended by striking out the definition of "Trust fund" and inserting in place thereof the following definition:-

"Trust fund", the Smart Growth Housing Trust Fund, established by section 35AA of chapter 10.

SECTION 7. Section 5K of chapter 59 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

In no instance shall the amount by which a person's property tax liability is reduced in exchange for the provision of services be considered income, wages, or employment for purposes of taxation as provided in chapter 62, for the purposes of withholding taxes as provided in chapter 62B, for the purposes of workers' compensation as provided in chapter 152 or any other applicable provisions of the General Laws, but such person while providing such services shall be considered a public employee for the purposes of chapter 258, but such services shall be deemed employment for the purposes of unemployment insurance as provided in chapter 151A.

SECTION 8. Section 12 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The city, town or regional school district in which each school-age child in any institution described in this section would normally be eligible to attend school and the city, town, or regional school district in which each day student admitted to an institution under the control of the department of public health and receiving educational services from the department of education would normally be eligible to attend school shall pay to the commonwealth the costs of the education of that child in the school department of that institution in an amount determined according to the regulations issued under section 10. The payment for each such child shall not be less than its average per pupil cost for pupils of comparable age within the city, town or regional school district. The amount due the commonwealth each year shall be deducted from the annual distribution to said city, town or regional school district pursuant to section 20 of chapter 59.

SECTION 9. Paragraph (F) of section 5K of chapter 111 of the General Laws is hereby amended by striking out the last sentence, as amended by section 297 of chapter 26 of the acts of 2003, and inserting in place thereof the following sentence:- The department may make a collection based on this assessment directly from the electric companies and from the operator of each existing nuclear plant and deposit the monies into the Radiation Control Trust account.

SECTION 10. Paragraph (G) of said section 5K of said chapter 111 is hereby amended by striking out the last sentence, as amended by section 154 of chapter 149 of the acts of 2004, and inserting in place thereof the following sentence:- The department may make a collection based on this assessment directly from the electric companies and from the operator of each existing nuclear power plant and deposit the monies into the Radiation Control Trust account.

SECTION 11. Section 1 of chapter 115 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 51, the words "three years continuous residence in the commonwealth" and inserting in place thereof the following words:- resided in the commonwealth for 1 day.

SECTION 12. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 4, the words "continuously for three years next" and inserting in place thereof the following words:- for 1 day.

SECTION 13. Said chapter 115 is hereby further amended by striking out section 6A, as so appearing, and inserting in place thereof the following section:-

Section 6A. As used in this section and in sections 6B and 6C, the word "veteran" shall mean a person who has performed service as defined in clause Forty-third of section 7 of chapter 4 and whose last discharge or release from the armed forces of the United States was under other than dishonorable conditions and who is a resident of the commonwealth.

SECTION 14. Section 32A of chapter 118E of the General Laws is hereby repealed.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 41]
SECTION 14A. Item 0339-1001 of section 2 of chapter 149 of the acts of 2004 is hereby amended by striking out the words "utilizing tamper free ankle bracelets".

SECTION 15. Section 2 of chapter 149 of the acts of 2004 is hereby amended by striking out the item number "1102-3305" and inserting in place thereof the following item number:- 1102-3306.

SECTION 16. Section 344 of said chapter 149 is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) The joint committee on education shall review the recommendations of the advisory committee on early education and care submitted pursuant to subsection (a) and the recommendations of the council on early education and care submitted pursuant to subsection (b). The joint committee on education shall make legislative and budgetary recommendations to the general court necessary to create a consolidated, universal, voluntary, high quality early education and care system, by filing any such recommendations, together with any legislation necessary to carry such recommendations into effect, with the clerk of the house of representatives, or the clerk of the senate on or before March 18, 2005.

SECTION 17. The last sentence of section 2 of chapter 253 of the acts of 2004 is hereby amended by striking out the word "February 1, 2005" and inserting in place thereof the following word:- April 1, 2005.

SECTION 18. Section 2A of chapter 290 of the acts of 2004 is hereby amended by striking out the item number "0330-2210" and inserting in place thereof the following item number:- 0330-2223.

SECTION 19. Section 2E of said chapter 290 is hereby amended by striking out the item number "4000-7997" and inserting in place thereof the following item number:- 4000-7998.

SECTION 20. Said section 2E of said chapter 290 is hereby further amended by striking out the item number "4000-8200" and inserting in place thereof the following item number:- 4000-8202.

SECTION 21. Said section 2E of said chapter 290 is hereby further amended by striking out the item number "7004-7013" and inserting in place thereof the following item number:- 7004-7018.

SECTION 22. Section 2A of chapter 304 of the acts of 2004 is hereby amended by striking out the item number "8000-0018" and inserting in place thereof the following item number:- 8000-0034.

SECTION 23. Said section 2A of said chapter 304 is hereby further amended by striking out the item number "8000-0050" and inserting in place thereof the following item number:- 8000-0035.

SECTION 24. Section 2 of chapter 352 of the acts of 2004 is hereby amended by striking out the item number "1102-3305" and inserting in place thereof the following item number:- 1102-3306.

SECTION 25. Said section 2 of said chapter 352 is hereby further amended by striking out the item number "4000-0896" and inserting in place thereof the following item number:- 4000-0870.

SECTION 26. Section 2A of said chapter 352 is hereby amended by striking out the item number "7002-0011" and inserting in place thereof the following item number:- 7002-0012.

SECTION 27. Said section 2A of said chapter 352 is hereby further amended by striking out the item number "7066-0115" and inserting in place thereof the following item number:- 7066-0120.

SECTION 28. Section 2E of said chapter 352 is hereby amended by striking out the item number "7004-0089" and inserting in place thereof the following item number:- 7004-0088.

The Governor returned the following section with recommendation of amendment [for message, see House, No. 41]
SECTION 28A. Section 140 of said chapter 352 is hereby repealed.

SECTION 29. Section 1 of chapter 344 of the acts of 2004 is hereby amended by striking out the definitions of "Parcel 1" and "Parcel 2" and inserting in place thereof the following definitions:-

"Parcel 1" is comprised of two parcels and described as follows:

(a) The parcel of land, with all buildings thereon, commonly known as 600 Suffolk Street and located on the northerly side of Suffolk Street in Lowell, Middlesex County, Massachusetts, being shown as Phase I as shown on a "Compiled Plan of Land In Lowell, Mass. For Wannalancit Office and Technology Center Realty Trust", Scale 1"=20', dated March 25, 1983, by Robert M. Gill & Associates, Inc., Civil Engineers & Surveyors, Lowell, Mass. (the "Plan"), which Plan is recorded with the Middlesex North District Registry of Deeds at Plan Book 140, Plan 1, containing 43,369 square feet of land, more or less and (b) The parcel of land situated in Lowell, Middlesex County, Massachusetts, commonly known as 661 Suffolk Street, being shown as Lot C on Plan entitled "Compiled Plan of Land in Lowell, Mass." Dated September 13, 1982, Scale 1"=40', prepared by Robert M. Gill & Associates, Inc., Lowell, Massachusetts, which Plan is recorded with the Middlesex North District Registry of Deeds at Plan Book 137, Plan 121; EXCEPTING from Lot C described above so much of the premises as was taken by the Commonwealth of Massachusetts by instrument recorded with the Middlesex North District Registry of Deeds at Book 3839, Page 70, and so much of the premises as is included within the so-called Western Canal. For title of Commonwealth, see Quitclaim Deed the Commonwealth of Massachusetts by instrument recorded with the Middlesex North District Registry of Deeds at Book 3839, Page 70, and so much of the premises as is included within the so-called Western Canal. For title of Commonwealth, see Quitclaim Deed recorded with the Middlesex North District Registry of Deeds in Book 08236, Page 173.

"Parcel 2" is comprised of nineteen parcels, known as the St. Joseph's Hospital property located at 220 Pawtucket Street and other streets in the vicinity thereof, in the city of Lowell, Middlesex County, containing approximately 5.104 acres, more or less, together with all the buildings, and described as follows:

Parcel 1

A certain parcel of land with the buildings and improvements thereon situated on the southwesterly side of Merrimack Street, the southwesterly side of Pawtucket Street and the northeasterly side of Salem Street in Lowell, Middlesex County, Massachusetts.

Containing according to said plan, 93,668 square feet.

A portion of the premises above described is registered land and is the same premises described in Certificate of Title No. 18830 and shown on Plan 8373 A, a copy of a portion of which is filed with Certificate of Title No. 1755 in the Middlesex North Registry District of the Land Court.

Said Premises are shown on a plan of land in Lowell, Mass. Compiled for St. Joseph's Hospital, Inc. dated October, 1972, by Emmons, Fleming & Bievenue, Inc. Engineers & Surveyors and recorded with the Middlesex North District Registry of Deeds in Plan Book 115, Plan 161.

Parcel 2.

That certain parcel of land situated in Lowell, Middlesex County, Massachusetts.

All of said boundaries are determined by the Land Court to be located as shown on subdivision plan 3103-B, drawn by Michael S. Szoc, Surveyor, dated August 18, 1959, as approved by the Court, filed in the Land Registration office, a copy of a portion of which is filed with Certificate of Title 11083, and said land is shown as Lot one (1) on said plan.

Parcel 3.

That certain parcel of land situated in Lowell, Middlesex County, Massachusetts.

All of said boundaries are determined by the Land Court to be located as shown on subdivision plan 3103-B, drawn by Michael S. Szoc, Surveyor, dated August 18, 1959, as approved by the Court, filed with the land Registration Office, a copy of a portion of which is filed with Certificate of Title 11083, and said land is shown as Lot two (2) on said plan.

Parcel 4

That certain parcel of land situated in Lowell, Middlesex County, Massachusetts.

All of said boundaries are determined by the Land Court to be located as shown on subdivision plan 3103-B, drawn by Michael S. Szoc, Surveyor, dated August 18, 1959, as approved by the Court, filed with the land Registration Office, a copy of a portion of which is filed with Certificate of Title 11083, and said land is shown as Lot five (5) on said plan.

Parcel 5

That certain parcel of land situated in Lowell, Middlesex County, Massachusetts.

All of said boundaries are determined by the Land Court to be located as shown on subdivision plan 3103-B, drawn by Michael S. Szoc, Surveyor, dated August 18, 1959, as approved by the Court, filed with the Land Registration office, a copy of a portion of which is filed with Certificate of Title 11083, and said land is shown on Lot six (6) on said plan.

Parcel 6

That certain parcel of land situated in Lowell, Middlesex County, Massachusetts.

All of said boundaries are determined by the Land Court to be located as shown on subdivision plan 3103-B, drawn by Michael S. Szoc, Surveyor, dated August 18, 1959, as approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 11083, and said land is shown as Lot seven (7) on said plan.

Parcel 7

The land with the building thereon, if any, situated on the southerly side of Salem Street and commonly known and numbered as 294-322 on said street, Lowell, Middlesex County, Massachusetts and thus bounded:

Beginning at the northeasterly corner of premises on the southerly side of said street and at the Northwesterly corner of land of Joseph Plunket, now or formerly, which corner is 50 feet Westerly from the intersections of the Southerly side of Salem Street and the Westerly side of Dane Street;

Thence S 43 30' on said Plunket land, 112.53 feet to land of Arthur and Parmelia Vallee, now or formerly;

Thence N 46 45' W on said last mentioned land and on land of Arthur and Lena Petren, now or formerly, 90 feet to the Northwesterly corner of said Petren land;

Thence S 37 40' on said Petren Land 2.83 feet to land of one Williams, now or formerly;

Thence Westerly at an angle of 102 36' on said Williams land 29.15 feet to an angle;

Thence Northwesterly at an angle of 113 10' still on said Williams land 59.23 feet to Salem Street;

Thence Northeasterly by a curved line on said Salem Street to the point of beginning.

Be said contents, or any or all of said measurements more or less, and however otherwise said premises may be measured, bounded or described.

Containing 14,362 square feet of land.

Parcel 8

The land with the buildings thereon, if any, situated on the southerly side of Pawtucket Street, Lowell, Middlesex County, Massachusetts, bounded and described as follows:

Beginning at the northwesterly corner of the premises at a point in said Pawtucket Street in range with the middle of the partition dividing in two the dwelling house partly on these premises and partly on the premises now or formerly of Margaret Gilman; thence running southerly through the middle of said partition and in range with the middle of said partition about ninety-six and 80/100 (96.80) feet to land of one Brown, now or formerly; thence easterly on said Brown land about twenty-seven and 14/100 (27.14) feet to a passageway; thence northerly on said passageway about eighty-nine and 20/100 (89.20) feet to said Pawtucket Street; thence westerly on said Pawtucket Street about twenty-one (21) feet to the point of beginning. Together with a privilege or right of way in said passageway.

Also the land in said Lowell, with the buildings thereon, situated on the southerly side of said Pawtucket Street, and thus bounded and described.

Beginning at the northwesterly corner of the premises at said Pawtucket Street at land now or formerly of Sabra Wright; thence running easterly on said Pawtucket Street about twenty-four and 20/100 (24.20) feet to a point opposite to and in range with the middle of the partition dividing in two the dwelling house partly on these premises and partly on the premises now or formerly of Hollis M. Gilman; thence running southerly through the middle of said partition and in range with the middle of said partition about ninety-six and 80/100 (96.80) feet to land formerly of Phineas Whiting, now supposed of one Bartlett; thence westerly on said Whiting land fourteen and 28/100 (14.28) feet to said Wright land; thence northerly on said Wright land about ninety-nine and 60/100 (99.60) feet to said Pawtucket Street at the point of beginning.

Parcel 9

The land situated on the southerly side of Pawtucket Street, Lowell, Middlesex County, Massachusetts, bounded and described as follows:

Beginning at a stake at the northwesterly corner of the premises on said Pawtucket Street at a point six (6) feet from the line of the easterly end of the building on land of the heirs of Phineas Whiting, now or formerly; thence south 17 degrees 10 minutes east fifty-nine (59) feet, nine (9) inches, to a stake; thence south 50 degrees 20 minutes east fifty-one (51) feet to a stake at land conveyed by the late Phineas Whiting to Osgood Dane; thence on said last named land and land of Cummings Barr, now or formerly, north 37 degrees 40 minutes east forty (40) feet to a stake; thence north 64 degrees 40 minutes west twenty-eight (28) feet, five (5) inches, to a stake; thence north 70 degrees 15 minutes west sixty (60) feet to a stake at said Pawtucket Street; thence on said street south 72 degree 50 minutes west forty (40) feet to the point of beginning.

Containing 3,800 square feet of land, more or less.

Parcel 10

The land situated on the southwesterly side of Salem Street and the northwesterly side of Whiting Street, commonly known as and numbered 236 on said Salem Street, Lowell, Middlesex County, Massachusetts and thus bounded:

Beginning at the easterly corner of said premises at a stone bound at the intersection of the southwesterly side of said Salem Street and the northwesterly side of said Whiting Street;

Thence northwesterly along said Salem Street, 110.78 feet to land now or formerly of N.J. Lavoie;/p>

thence at a right angle southwesterly by said last mentioned land and by lands now or formerly of L.A. Lavallee, Trustee, T.E. Savage, E. Marin, et al and C.E. Theriault, et al. 217.5 feet to land now of formerly of O. Turcotte, et al;

thence southeasterly by said last mentioned land, 110.11 feet to Whiting Street;

thence northeasterly along said Whiting Street 226 feet to the point of beginning.

Containing 24,650 square feet:

Parcel 11

A certain parcel of land with the buildings and improvements thereon situated on James Street in said Lowell, Middlesex County, Massachusetts, being shown as Lot B-5 on a plan entitled "Compiled Plan of Land IN Lowell, Mass. Prepared for St. Joseph's Hospital", dated February 16, 1983, Fleming, Bienvenue & Associates, Inc., Engineers & Surveyors, Billerica, Mass., recorded Middlesex North District Registry of Deeds, Plan Book 140, Plan 11.

Together with the benefits of utility easements set forth in two separate easement deeds, the first deed dated December 19, 1984, recorded in said 2927, Page 37 and the second deed dated October 29, 1984 recorded in said Registry, Book 2885, Page 178.

Together with the rights of ingress and egress by foot and by vehicles over that portion of Lots C-2D and B-3 shown as a 50' strip of land on a plan entitled "Compiled Plan of Land in Lowell, Mass. For St. Joseph's Hospital", dated August 29, 1977 recorded at Plan Book 124, Page 173, and together with the right and easement to park motor vehicles on Lot B-3 and rights over a right of way shown on said Plan as "Easement for Access Walkway" and over Lots C-3, C-3D and C-4 (which is also known as C-4A) and the elevated bridge over Merrimack Street, (but subject to rights of the public in general, and the City of Lowell in Merrimack Street), as set forth in License Agreement dated October 3, 1973 recorded in Book 2095, Page 679 and as reserved in Master Deed of the St. Joseph's Medical Office Condominium recorded in Book 2348, Page 512.

Parcel 12

The land with the buildings thereon situated in Lowell, Middlesex County, Massachusetts, on the southwesterly side of Dane Street, sometimes called Dane Avenue, and being thus bounded and described;

Beginning at a stone bound situated in the line of Dane Street, Avenue, at land formerly of one Martin, now or formerly of A. Tallard; thence Southwesterly by said Tallard land, land formerly of one Mountain and now or formerly of M. Galinas and Helene Galinas, 78.5 feet, more or less, to land formerly of one Burnham, now or formerly of Louis P. Turcotte; thence Northwesterly by said Turcotte land, land formerly of one Whiting and later of Edwin W. Bartlett, 112 feet more or less to land of one Kitterage, later of Ellen Lavigne, now or formerly of Salem Elias; thence Northeasterly by said last named land to Dane Street Avenue; thence Southeasterly by said Dane Street Avenue to the stone bound at point of beginning.

Parcel 13

The land in Lowell, Middlesex County, Massachusetts situated on the northeasterly side of Salem Street, containing thirty-four hundred and thirty (3430) square feet, the buildings thereon now supposed to be number 235 on said Salem Street, and thus bound:

SOUTHWESTERLY on said Salem Street thirty-five (35) feet;

NORTHWESTERLY on land supposed to belong to Eugenia Kelepurs, now of formerly, ninety-eight (98) feet;

NORTHEASTERLY on the center line of a passageway sixteen feet wide, known as Decatur Avenue, thirty-five (35) feet; and

SOUTHEASTERLY on land supposed to belong to the Heirs of Jeremiah J. Dacey, now or formerly, ninety-eight (98) feet.

Parcel 14

The land in Lowell, Middlesex County, Massachusetts, with the buildings thereon, situated the intersection of the southerly side of Salem Street with the easterly side of Gage Street, and bounded and described as follows:

Beginning at the northeasterly corner of the premises at the northwesterly corner of land formerly of Patrick Dempsey; thence

SOUTHERLY on said Dempsey Land fifty-one feet; thence

WESTERLY by other land of the grantor forty-one feet; thence

NORTHERLY on said Gage Street, fifty-nine feet to said Salem Street, thence

EASTERLY on said Salem Street, forty-one feet to the point of beginning.

Parcel 15

The land with the buildings thereon situated in Lowell, Middlesex County, Massachusetts, shown as Lot c-4 on plan entitled "Compiled Plan of Land in Lowell, Mass., prepared for St. Joseph's Hospital", dated August 29, 1977 by Dana F. Perkins & Sons, Inc., recorded in Plan Book 124, Page 173.

Parcel 16

The land in said Lowell with the buildings thereon situated on the northwesterly side of Dane Street, being Lot 1 on a plan entitled "Plan of Land in Lowell, Mass., belonging to the Estate of Franklin Martin, Scale 10 feet to an inch, Surveyed March 31, 1903 by Smith & Brooks, C.E.'s", which plan is recorded in said Registry in Book of Plans 19, Plan 47, being bounded as follows:

NORTHEASTERLY by land now or formerly of J. Flynn, thirty-two and 42/100 (32.42) feet;

SOUTHEASTERLY by Dane Street, fifty-nine and 55/100 (59.55) feet;

SOUTHWESTERLY by Lot No. 2 on said plan, thirty-one and 88/100 (31.88) feet; and

NORTHWESTERLY by Lot No. 3 on said plan, fifty-eight and 01/100 (58.01) feet.

Containing one thousand eight hundred eighty-seven (1887) square feet.

Parcel 17

The land situated on Dane Street Avenue in said Lowell with the buildings thereon containing about twenty-one hundred forty-four square feet and being Lot No. 3 on a plan entitled "Plan of Land in Lowell, Mass., belonging to Est. of Franklin Martin, Surv. March 31, 1903 by Smith and Brooks, C.E." and recorded in Middlesex North District Registry of Deeds, Plan Book 19, Plan 47.

Parcel 18

The land in said Lowell, with the buildings thereon, situated on the northeasterly side of a passageway called Dane Avenue, bounded and described as follows:

Beginning at the southeasterly corner of the premises on said passageway at land belonging to Arthur Vallee, et al; thence northerly along said Vallee land by the fence, 45 feet, more or less, to a fence separating the granted premises from other land belonging to the grantor; thence westerly along said last mentioned fence, 44 feet, more or less, to a stone post at other land of grantor;

Thence southerly along said last mentioned land and land formerly of Simons, now supposed to belong to one Vigneault, by the fence, 45 feet, more or less, to a stone post at said passageway;

Thence easterly along said passageway, 44 feet, more or less, to said Vallee land at the point of the beginning.

Parcel 19

The land in said Lowell, with the buildings thereon, situated on the southerly side of Salem Street and thus bounded and described:

Beginning at the northwesterly corner of the premises at said street and at the northwesterly corner of land now or formerly of Edward Bryerton; thence Southerly along said Bryerton land fifty-eight feet, more or less, to land now or formerly of Thomas Carroll, thence easterly along said Carroll land and land now or formerly of one Stone, twenty-eight feet, more or less to land now or formerly of Leavitt R.J. Varnum et al; thence northerly along said Varnum land fifty-eight feet, more or less, to said Salem Street, thence westerly along said Salem Street, thirty-three feet, more or less, to the point of beginning.

SECTION 30. Said chapter 344 is hereby further amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law or any rule or regulation to the contrary, the commissioner may convey to the owner of parcel 2 the parcel of state-owned land designated in section 1 as parcel 1, in exchange for the parcel of land designated in section 1 as parcel 2.

The exact boundaries of the parcels shall be determined by the commissioner in consultation with the campus and the university. Each parcel will be conveyed together and subject to any and all rights, restrictions and other matters of record pertaining thereto.

SECTION 31. Section 3 of said chapter 344 is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

In order to determine the full and fair market values of parcel 1 and parcel 2, and as a condition precedent to the conveyance of the parcels, the commissioner shall require that an independent professional appraisal be performed on each parcel. The commissioner shall also require that an environmental report be prepared for each parcel which includes an assessment of the presence of hazardous materials as described in chapter 21E of the General Laws, and the costs, if any, of required remediation. The commissioner may accept for the purposes of this section appraisals and environmental reports of parcels 1 and 2 submitted to him, if the appraisals and reports were contracted effective date of this act and were conducted by professional persons approved by the commissioner and the inspector general agrees to accept said appraisals for review.

The Governor disapproved the following section [for message, see House, No. 41]
SECTION 32. Employees covered by the terms of the collective bargaining agreements in items 1599-4123 and 1599-4124 of section 2A who, after July 1, 2003, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 1, 2003, shall be paid, not later than 30 days after the effective date of this act, 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 6, 2003 to June 30, 2004; provided, however, that notwithstanding chapter 32 of the General Laws, the amount of the retirement allowance paid under said chapter 32 to an employee who prior to retirement was covered by the terms of the collective bargaining agreements in said items 1599-4123 and 1599-4124 of said section 2A and who retired after July 6, 2003, shall be calculated as though the employee's regular compensation for any period of employment from July 6, 2003 to June 30, 2004 had been received by the employee in accordance with such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to an employee's retirement allowance, including payments retroactive to the effective date of retirement.

SECTION 33. On the effective date of section 14, the comptroller shall transfer any remaining balance in the Long-Term Care Trust Fund to the General Fund.

Approved (in part) February 24, 2005.