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Session Law

2006

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Chapter 310 AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 2006 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 forthwith to make appropriations for the fiscal year beginning July 1, 2005, and to make certain changes in 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 2006, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise 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 laws regulating the disbursement of public funds. Notwithstanding any general or special law to the contrary, appropriations made in this act shall not revert and shall be available for expenditure until June 30, 2007. The sums in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY.
Worcester District Attorney.

0340-0401 . .......................................................... $13,773


Norfolk District Attorney.

0340-0701 . .......................................................... $13,820

Cape and Islands District Attorney.

0340-1001 ........................................................... $113,313

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Department of Revenue.

1233-2000 . ....................................................... $8,831,475

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Food and Agriculture

2511-0100 . ....................................................... $2,000,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Department of Education.

7030-1002 ........................................................... $276,000

Community Colleges.

7514-0100 ........................................................... $375,000
7515-0100 ........................................................... $141,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Sheriffs

8910-0110 ........................................................... $460,000

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, for the several purposes and subject to the conditions specified in this section, and subject to laws regulating the disbursement of public funds. Notwithstanding any general or special law to the contrary, appropriations made in this section shall not revert and shall be available for expenditure until June 30, 2007. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver General.

0610-0060 For the costs associated with the investigation and enforcement division of the alcoholic beverages control commission’s implementation of the enhanced liquor enforcement programs, known as Safe Campus, Safe Holidays, Safe Prom, and Safe Summer; provided, that funds from this appropriation shall not support other operating costs of item 0610-0050; provided further, that said commission shall submit a report to the house and senate committees on ways and means not later than March 1, 2007 on the results of said program...................... $350,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Department of Revenue

1233-2006 For reimbursing cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of section 1 of chapter 60A of the General Laws ....................... $1,468,525

Reserves

1599-3386 For a one time matching grant to the Massachusetts Defense Technology Initiative for the purpose of maximizing private sector funding; provided, that the matching grant shall be matched dollar-for-dollar from private sources..................................... $110,201

1599-3859 For a reserve to provide state matching funds for a National Science Foundation grant to establish a nanotechnology research center at the University of Massachusetts at Amherst ................ $5,000,000

1599-4200 For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees, and to meet the fiscal year 2007 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so-called, which otherwise would be covered by said 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 provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such amounts as are necessary to meet said 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 .................. $14,568,538

1599-4212 For a reserve to meet the fiscal years 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Nurses Association, and to meet the fiscal year 2006 and 2007 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 said 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 provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet said 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 ......................... $34,113,125

1599-4213 For a reserve to meet the fiscal years 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Plymouth county sheriff and the National Association of Government Employees, Unit RI-110, and to meet the fiscal year 2006 and 2007 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 said 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 provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet said 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 ........... $133,494

1599-4214 For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, and to meet the fiscal year 2006 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 said 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 provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet said 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........................... $3,455,000

1599-4215 For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, and to meet the fiscal year 2007 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 said 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 provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such amounts as are necessary to meet said 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........................... $5,945,000

Board of Higher Education.

7066-0100 For reimbursement of the cost of the Massachusetts National Guard tuition and fee waivers pursuant to section 19 of chapter 15A of the General Laws, provided, that no funds shall be distributed from this account prior to certification by the board of higher education of the actual amount of tuition and fees waived for National Guard members attending public higher institutions under said section 19 of said chapter 15A that would otherwise have been retained by the campuses, according to procedures and regulations promulgated by the board in consultation with the boards of trustees and presidents of state and community colleges and the University of Massachusetts; provided further, that the board shall reimburse the state and community colleges and the University of Massachusetts within 30 days of receiving a certified breakout of the costs in a form to be prescribed by said board; provided further, that a copy of said certification shall be provided by each campus to the chairs of the house and senate ways and means committees; provided further, that the board shall provide quarterly reports to the secretary of administration and finance, the house and senate chairs of the joint committee on higher education, the chairs of the house and senate ways and means committees, and the house and senate clerks, detailing by campus the number of students receiving said waivers, the total amount of fees and tuition waived, and the amount provided as reimbursement under this item; and provided further, that funds from this item may be expended through September 15, 2008 for the reimbursement of the tuition and fees waived for classes taken during the summer months $4,424,492

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary of Public Safety.

8000-0036 For the distribution of grants to local police departments, sheriff departments, the department of state police, the department of correction and other state agencies, authorities and educational institutions with law enforcement functions as determined by the secretary of public safety, for reimbursement for the cost of replacement bulletproof vests, to be administered by the executive office of public safety; provided, that the executive office of public safety shall provide reimbursement for: (a) the replacement of any bulletproof vest which was manufactured with Zylon, (b) the replacement of any bulletproof vest which was purchased on or after July 1, 2000, and is older than 5 years from the date of such purchase, and (c) the purchase of a bulletproof vest for an individual who had not been issued a bulletproof vest previously by such purchasing law enforcement jurisdiction; provided further, that as a condition of receipt of a grant awarded under this item, the recipient shall have made application for reimbursement to any federal grant program established by the United States Department of Justice to assist in the purchase of bulletproof vests, unless the replacement of a vest manufactured with Zylon would be ineligible for reimbursement based on the date of purchase; provided further, that any such costs that are not reimbursed through the receipt of funds from any such federal grant program shall be awarded to an eligible recipient; provided further, that any bulletproof vest which was manufactured with Zylon and has been replaced prior to the effective date of this appropriation shall be reimbursed for the entire replacement cost, less any funds received for such replacement from any federal or state bulletproof vest grant program; provided further, that as a condition for reimbursement, the model type of any such bulletproof vest purchased shall meet the National Institute of Justice Requirements for bullet-resistant body armor in effect at the time of the purchase; provided further, that all applicants for grants under this item shall submit any documentation required by the secretary as a condition of reimbursement; and provided further, that the executive office of public safety may expend not more than $100,000 on costs associated with the administration of this grant program................... $5,000,000

County Corrections.

8910-0004 For the Bristol county sheriff's department to be allocated at the discretion of the county government finance review board $750,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2006, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes 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, 2006. Notwithstanding any general or special law to the contrary, authorizations made in this act shall not revert and shall be available for expenditure until June 30, 2007. These sums shall be in addition to any amounts previously authorized and made available for the purposes of these items.

EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of State Police

8100-0002 ........................................................... $140,852

SECTION 2C.I. For the purpose of making available in fiscal year 2007 balances of appropriations which otherwise would revert on June 30, 2006, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 of said chapter 45, 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 funds designated for the corresponding item in said section 2 of said chapter 45; provided, however, that for items which do not appear in said section 2 of said chapter 45, the amounts in this section are re-appropriated from the funds designated for the corresponding item in said 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 said section 2 and 2A of this act shall be available for expenditure in fiscal year 2007.

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver General.

0610-2000 ......................................................... $7,868,199

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves

1599-3333 ........................................................... $294,778

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Department Of Conservation and Recreation.

2820-0100 ............................................................ $50,000

Department of Early Education and Care.

3000-1000 ........................................................... $254,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Department of Workforce Development.

7003-0600............................................................ $934,000

Department of Business and Technology.

7007-0900 ........................................................... $106,156

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Office of the Secretary.

8000-0000 ........................................................... $150,000

Department of State Police.

8100-0022 ........................................................... $350,000

Massachusetts Emergency Management Agency.

8800-0400 ........................................................... $300,000

LEGISLATURE.
Commission on Beaches.

9700-0200 ........................................................... $125,000

SECTION 2C.II. For the purpose of making available in fiscal year 2007 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2006, 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 chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, 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 funds designated for the corresponding item in said section 2 or 2B of said chapter 45; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, the amounts in this section are re-authorized from the 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.

Department of Housing and Community Development.

7004-9315 ............................................................ $25,356

SECTION 3. Section 2SSS of chapter 29 of the General Laws, as appearing in chapter 168 of the acts of 2006, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The fund shall provide, without further appropriation, grants to students in accredited post-secondary certificate or vocational technology programs or associate degree programs in targeted high-demand occupations.

SECTION 4. Subsection (a) of section 2UUU of said chapter 29, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Amounts credited to the Scholarship/Internship Match Fund shall be used, without further appropriation, by the chancellor of higher education or her designee, in accordance with the purpose set forth in this section and in consultation with participating industry and public higher education institutions.

Governor disapproved the following section
SECTION 5. Subsection (a) of section 2VVV of said chapter 29, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Amounts credited to the International Education Fund shall be used, without further appropriation, by the commissioner of education, in consultation with the chairman of higher education and the global education advisory council to carry out subsection (b).

SECTION 6. The first paragraph of section 2XXX of said chapter 29, as appearing in section 6 of chapter 205 of the acts of 2006, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:- Amounts credited to the fund shall be administered by the division of local services within the department of revenue which shall determine that the funds are used for activities consistent with the purpose of this act and the Massachusetts management and accounting reporting system. The amounts shall be used, without further appropriation, solely for the administration and implementation of this section.

SECTION 7. Said section 2XXX of said chapter 29, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-
The fund shall be a separate and expendable trust fund administered by the division of local services within the department of revenue. There shall be credited to the fund, revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and investment income earned on the fund's assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund, and shall be allocated to the regional planning agencies the following fiscal year pursuant to the formula established in the third paragraph.

SECTION 8. Clause Twenty-second D of section 5 of chapter 59 of the General Laws, as appearing in section 9 of chapter 260 of the acts of 2006, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—
Such exemption shall be available until such time that the surviving spouse dies or remarries; provided, however, that in no case shall the abatement amount exceed the sum of $2,500 in any fiscal year following the fifth fiscal year of receipt of the abatement.

SECTION 9. Item 2800-0107 of section 2E of chapter 352 of the acts of 2004 is hereby amended by inserting after the word “and”, in line 49, the following words:- notwithstanding any general or special law to the contrary, the department may direct a grant to the city of Westfield for.

SECTION 10. Item 7004-0099 of section 2 of chapter 45 of the acts of 2005 is hereby amended by striking out, in line 69, the words “economic development of”.

SECTION 11. Item 8000-0000 of said section 2 of said chapter 45 is hereby amended by striking out the words “the district attorney for Suffolk county and”, inserted by section 116 of chapter 122 of the acts of 2006.

SECTION 12. Chapter 122 of the acts of 2006 is hereby amended by inserting after section 103 the following section:-
Section 103A. Said section 2 of said chapter 45 is hereby further amended by inserting after item 7002-0101 the following item:-
7003-0600 For a contract between the commissioner of workforce development and the Massachusetts Council of Human Service Providers, Inc. for the continued development of an industry-guided, Internet-based workforce development program for approximately 31,000 low-paid, economically disadvantaged, direct care workers who deliver direct care services through community-based organizations pursuant to purchase of service contracts with the executive office of health and human services or agencies within that executive office; provided, that the contract shall provide for quarterly reports to the department of workforce development detailing the number of direct care workers served, the type and duration of training provided, data on the turnover of vacancy rates of contract providers and such other information as the department may require; provided further, that these funds shall: (1) provide essential training and credentialing for the direct care workforce in the human service, contract provider industry funded through the executive office of health and human services; (2) improve recruitment and retention of a well trained direct care workforce which currently has turnover and vacancy rates as high as 40 per cent; (3) improve the quality of services provided to clients referred by the commonwealth; and (4) develop occupational skills and expand the career potential for workers in the commonwealth, including older workers; and provided further, that the council may expend these funds to hire a program director as well as consultants with expertise in the field of human services training to develop a curriculum and to administer the program using an e-learning or web or Internet-based environment..................... $934,000

SECTION 13. Section 143 of said chapter 122 is hereby repealed.

SECTION 14. Item 1599-7106 of section 2A of chapter 123 of the acts of 2006 is hereby amended by striking out the figure “107” and inserting in place thereof the following figure:- 108.

SECTION 15. Item 0810-0000 of section 2 of chapter 139 of the acts of 2006 is hereby amended by striking out the 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” and inserting in place the following words:- and provided further, that not more than $260,000 may be expended for the Ella J. Baker House in the city of Boston for violence prevention programs for high risk youth.

SECTION 16. Item 2820-0100 of said section 2 of said chapter 139 is hereby amended by striking out the words “provided further, that not less than $100,000 shall be allocated for an environmental study administered by the commissioner of the department of conservation and recreation to determine the actions necessary to restore complete environmental safety to the General Services Administration property on Greenough Boulevard in Watertown” and inserting in place thereof the following:— provided further, that not less than $100,000 shall be allocated for an environmental study administered by the commissioner of conservation and recreation to determine the actions necessary to restore complete environmental safety to the Sawins Pond Site at Arlington street and Greenough boulevard in Watertown.

SECTION 17. Item 4120-3000 of said section 2 of said chapter 139 is hereby amended by striking out the words “and provided further, that not less than $200,000 shall be expended on special projects in the Charlestown neighborhood of Boston for people with disabilities; and provided further, that not less than $100,000 shall be expended for services provided by the Life Focus Center in the Charlestown neighborhood of Boston” and inserting in place thereof the following words:— ; and provided further, that not less than $300,000 shall be expended for services provided by the Life Focus Center in the Charlestown section of the city of Boston.

SECTION 18. Item 4120-4000 of said section 2 of said chapter 139 is hereby amended by inserting after the words “for independent living assistance service;” the following words:— ; provided, that the amount of funding in the aggregate allocated from this item to independent living centers shall be at least $600,000 more than was allocated to independent living centers from this item in fiscal year 2006.

SECTION 19. Item 4800-0038 of said section 2 of said chapter 139 is hereby amended by striking out the words, “provided further, that not less than $50,000 shall be expended for Family Service, Inc., of Lynn” and inserting in place thereof the following words:— provided further, that not less than $50,000 shall be expended for Family Service, Inc., of Lawrence.

SECTION 20. Item 5920-2000 of said section 2 of said chapter 139 is hereby amended by striking out the figure "$524,742,492" and inserting in place thereof the following figure:- $524,438,492.

SECTION 21. Item 5920-2025 of said section 2 of said chapter 139 is hereby amended by striking out the figure "$117,434,430" and inserting in place thereof the following figure:- $117,738,430.

SECTION 22. Item 6006-0003 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$551,491” and inserting in place thereof the following figure:— $469,533.

SECTION 23. Item 7003-0702 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$9,634,000” and inserting in place thereof the following figure:— $10,134,000.

SECTION 24. Item 7004-0099 of said section 2 of said chapter 139 is hereby amended by striking out the words “provided further, that not less than $200,000 shall be expended to cover costs associated with the relocation of tenants from the Julian D. Steele public housing project” and inserting in place thereof the following words:- provided further, that $200,000 shall be expended to cover costs associated with the relocation of tenants from the Julian D. Steele public housing project.

SECTION 25. Item 7007-0900 of said section 2 of said chapter 139 is hereby amended by adding the following words:— ; and provided further, that $200,000 shall be expended for costs associated with the restoration of the Green River Cemetery in the town of Greenfield.

SECTION 26. Item 7007-0900 of said section 2 of said chapter 139 is hereby further amended by striking out the figure “$29,255,852” and inserting in place thereof the following figure:— $29,455,852.

SECTION 27. Item 7100-0200 of said section 2 of said chapter 139 is hereby amended by striking out the words “provided further, that not less than $150,000 shall be expended for a pilot program at the University of Massachusetts at Lowell environmental health and safety department for the use of fire resistant intumescent/refractory paint” and inserting in place thereof the following words:- provided further that not more than $150,000 shall be expended for a pilot program at the University of Massachusetts at Lowell environmental health and safety department for the use of fire resistant intumescent/refractory paint.

SECTION 28. Item 8000-0000 of said section 2 of said chapter 139 is hereby amended by striking out the words “the district attorney for Suffolk county and”.

Governor disapproved the following section
SECTION 29.
Said chapter 139 is hereby further amended by inserting after section 102 the following section:-
Section 103. Notwithstanding any general or special law to the contrary, on or before June 30, 2007, the comptroller shall transfer $450,000,000 from the Commonwealth Stabilization Fund, established under section 2H of chapter 29 of the General Laws, to the General Fund.

SECTION 30. Section 19 of chapter 205 of the acts of 2006 is hereby amended by striking out the second paragraph.

SECTION 31. Notwithstanding any general or special law to the contrary, the commencement of an administrative appeal proceeding or hearing shall not operate as a stay of enforcement of the agency decision approving the Winthrop shores project, but the agency may require mitigation if the project proceeds before the matter is decided.

SECTION 32. Notwithstanding any general or special law to the contrary, before calculating the consolidated net surplus for fiscal year 2006, as provided in section 5C of chapter 29 of the General Laws, the comptroller shall: (a) transfer $174,153,528 from item 4000-0700 to item 4000-0500; and (b) transfer $4,206,702 from item 4000-0600 to item 4000-0500.

SECTION 33. Notwithstanding any other general or special law or rule or regulation to the contrary, sections 1 to 8, inclusive, and 9A to 12, inclusive, of chapter 260 of the acts of 2006 shall take effect as of July 1, 2006.

SECTION 34. Notwithstanding any other general or special law or rule or regulation to the contrary, sections 13 and 14 of chapter 260 of the acts of 2006 shall take effect on January 1, 2007.

SECTION 35. Notwithstanding any other general or special law or rule or regulation to the contrary, section 15 of chapter 260 of the acts of 2006 shall take effect on November 1, 2006.

Approved October 5, 2006.

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