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  • Acts
  • 2012
  • Chapter 36 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2012 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 purposes, which are to make forthwith supplemental appropriations for fiscal year 2012 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 2012, 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 the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY
Massachusetts Legal Assistance Corporation

0321-1600................................................................................. $1,000,000

SECRETARY OF THE COMMONWEALTH
Office of the Secretary of the Commonwealth

0521-0000................................................................................... $101,125

TREASURER AND RECEIVER GENERAL
Office of the Treasurer and Receiver General

0612-0105................................................................................... $200,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Group Insurance Commission

1108-5201................................................................................... $989,250

Appellate Tax Board

1310-1000................................................................................... $275,000

Reserves

1599-0026................................................................................... $1,000,000

Governor disapproved of the following item (for message see Senate, No. 2146)
1599-1705................................................................................... $353,000

Governor disapproved of the following item (for message see Senate, No. 2146)
1599-1709................................................................................... $350,258
1599-4430................................................................................... $5,100,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary

2000-0100................................................................................... $962,000
2030-1000................................................................................... $727,850

Department of Agricultural Resources

2511-0100................................................................................... $34,361

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Veterans Services

1410-0010................................................................................. $10,000

Office of the Secretary

4000-0600................................................................................. $35,000,000

Department of Youth Services

4200-0100................................................................................. $600,000
4200-0300................................................................................. $1,100,000

Department of Transitional Assistance

4403-2119................................................................................. $140,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development

7004-0099................................................................................. $10,000
7004-0102................................................................................. $230,000

EXECUTIVE OFFICE OF EDUCATION
Department of Higher Education

7066-0021................................................................................. $1,800,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY
Department of Criminal Justice Information Services

8000-0110................................................................................. $150,000

Office of the Chief Medical Examiner

8000-0122................................................................................. $140,000

Massachusetts Emergency Management Agency

8800-0001................................................................................. $150,000

Department of Correction

8900-0010................................................................................. $1,022,263

SHERIFFS
Hampden Sheriff’s Department

8910-0102................................................................................. $1,811,152

Worcester Sheriff’s Department

The Governor reduced of the following item by $200,000 [for message see Senate, No. 2146]
8910-0105................................................................................. $693,920 $493,920

Middlesex Sheriff’s Department

8910-0107................................................................................. $4,699,590

Hampshire Sheriff’s Department

8910-0110................................................................................. $960,444

Berkshire Sheriff’s Department

8910-0145................................................................................. $1,410,841

Franklin Sheriff’s Department

8910-0108................................................................................. $1,100,000

Essex Sheriff’s Department

8910-0619................................................................................. $1,459,679

Barnstable Sheriff’s Department

The Governor reduced of the following item by $1,000,109 [for message see Senate, No. 2146]
8910-8200................................................................................. $2,000,218 $1,000,109

Bristol Sheriff’s Department

The Governor reduced of the following item by $952,095 [for message see Senate, No. 2146]
8910-8300................................................................................. $1,904,189 $952,094

Dukes Sheriff’s Department

8910-8400................................................................................. $183,204

Norfolk Sheriff’s Department

8910-8600................................................................................. $3,800,000

Plymouth Sheriff’s Department

The Governor reduced of the following item by $871,879 [for message see Senate, No. 2146]
8910-8700................................................................................. $1,743,757 $871,878

Suffolk Sheriff’s Department

8910-8800................................................................................. $6,100,000

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, 2012. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves

1599-4282.. To provide for certain collective bargaining costs, including the costs of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10 for fiscal year 2012................... $2,893,000

1599-4380.. For a reserve to support information technology requirements and improve information technology infrastructure at state agencies and departments; provided, that the secretary of administration and finance, in consultation with the chief information officer of the commonwealth, may transfer amounts from this account to items 1100-1700, 2000-1700, 4000-1700, 7002-0017, 7009-1700 and 8000-1700; provided further, that in making such transfers, the secretary shall prioritize maintaining existing information technology capacity and necessary improvements to address data security and data access; and provided further, that within 30 days of any transfers from this fund the secretary shall report to the house and senate committees on ways and means on: (1) the amounts transferred from this account by line item; and (2) the methodology used to determine transfers from this account.............. $20,420,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Division of Healthcare Finance and Policy

4100-0062.. For the division of health care finance and policy, which may expend for the migration of health safety net claims adjudication to the executive office of health and human services through its MMIS system and for the maintenance of that claims adjudication, an amount equal to the amount of federal financial participation received by the commonwealth for such activities, not to exceed $6,000,000; provided, that the federal revenue received for such expenditures shall be deposited in the General Fund and an amount equal to such revenue shall be transferred into this account; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses in anticipation of revenue, after written approval from the secretary of administration and finance, and the comptroller shall 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.... $6,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development

7004-1000.. For a state supplement to the federal Low Income Home Energy Assistance Program 42 U.S.C. section 8621 et seq., to assist low-income elders, working families and other households with the purchase of heating oil, propane, natural gas, 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 for operation of the fiscal year 2012 program, in accordance with federal law; provided further, that the department shall establish the maximum assistance for which a household shall be eligible commensurate with the increased funding provided in this item; and provided further, that any federal funds received for fiscal year 2012 for the Low Income Home Energy Assistance Program that exceed $163,776,315, shall be used to reimburse the state for expenditures made under this item, up to the amount appropriated herein...................................................... $21,187,407

SECTION 3. Section 172 of chapter 6 of the General Laws is hereby amended by inserting after the word “more”, in line 184, as appearing in the 2010 Official Edition, the following words:- , for 10 years following the disposition thereof, including termination of any period of incarceration or custody.

SECTION 4. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the figure “131”, in line 37, the following words:- and section 35NN of chapter 10.

SECTION 5. Section 3 of chapter 30A of the General Laws, as so appearing, is hereby amended by striking out, in lines 24 to 30, inclusive, the words “The notice shall also include a small business impact statement considering the impact of the proposed action on small businesses with the state secretary.

otwithstanding the provisions of section 6, the state secretary shall include the small business impact statement on the electronic website of the state secretary; provided, however, that the full text of the small business impact statement may be inspected and copied in the office of the state secretary during business hours.” and inserting in place thereof the following words:-

A small business impact statement shall be filed with the state secretary on the same day the notice is filed and shall accompany the notice. Notwithstanding section 6, the state secretary shall include the small business impact statement on the electronic website of the state secretary and the statement may be inspected and copied in the office of the state secretary during business hours.

SECTION 6. Paragraph (g¾) of subdivision (1) of section 4 of said chapter 32, inserted by section 10 of chapter 176 of the acts of 2011, is hereby amended by striking out the words “retired member of the Boston Teachers Retirement System” and inserting in place thereof the following words:- member who retired as a teacher from the State-Boston retirement system.

SECTION 7. Paragraph (f) of subdivision (2) of section 5 of said chapter 32, added by section 18 of said chapter 176, is hereby amended by striking out the word “excluding” and inserting in place thereof the following word:- from.

SECTION 8. Paragraph (ii) of subdivision (4) of said section 5 of said chapter 32, as amended by section 21 of said chapter 176, is hereby further amended by striking out the words “January 1” and inserting in place thereof the following words:- April 2.

SECTION 9. Section 15 of said chapter 32, as amended by section 31 of said chapter 176, is hereby further amended by adding the following subdivision:-

(7) In no event shall any member be entitled to receive a retirement allowance under sections 1 to 28, inclusive, which is based upon a salary that was intentionally concealed from or intentionally misreported to the commonwealth, or any political subdivision, district or authority of the commonwealth, as determined by the commission. If a member intentionally concealed compensation from or intentionally misreported compensation to an entity to which the member was required to report the compensation, even if the reporting was not required for purposes of calculating the member’s retirement allowance, the member’s retirement allowance shall be based only upon the regular compensation actually reported to that entity or the amount reported to the board, whichever is lower. Unless otherwise prohibited by law, such member shall receive a return of any accumulated total deductions paid on amounts in excess of the compensation actually reported, but no interest shall be payable on the accumulated deductions returned to the member.

The Governor disapproved of the following section [for message see Senate, No. 2146]
SECTION 10.
The definition of “Services” in section 23B of said chapter 32, as appearing in section 42 of said chapter 176, is hereby amended by inserting after the words “employment agreements” the following words:- , contingency fee agreements.

SECTION 11. Section 91 of said chapter 32 is hereby amended by striking out the word “year”, as appearing in section 50 of said chapter 176, and inserting in place thereof the following words:- 12 months.

SECTION 12. Section 6 of chapter 32A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the second sentence the following 2 sentences:- For active and retired employees, their dependents and the survivors of deceased employees, including municipal subscribers, except as otherwise required by state or federal law, and except effective July 1 of any year, the commission shall not alter the schedule of copayments and deductibles for health plans, or alter any other terms relating to health plans which would require authorization by vote of the commissioners but, for health plans whose rates change on January 1 instead of July 1, the commission may make such changes effective January 1. If the governor reduces allotments to the commission under section 9C of chapter 29, the commission may make any necessary adjustments to account for the reduction, but the commission shall not alter the contribution ratios provided in the most recent applicable appropriation act.

SECTION 13. Clause (9) of section 8 of chapter 44 of the General Laws, as appearing in section 3 of chapter 52 of the acts of 2011, is hereby further amended by striking out the words “as determined by the director” and inserting in place thereof the following words:- or such longer period not to exceed 10 years as determined by the director after taking into consideration the ability of the city, town or district to provide other essential public services and pay, when due, the principal and interest on its debts, the amount of federal and state payments likely to be received for the purpose of the appropriations and such other factors as the director may deem necessary or advisable.

SECTION 13A. Section 1 of chapter 57 of the General Laws, as appearing in section 1 of chapter 177 of the acts of 2011, is hereby amended by striking out the words “Seventh Congressional District - Consisting of wards 1, 2, 3, precinct 1 of ward 4, ward 5, precinct 3 of ward 10 and ward 11 of the city of Cambridge and the cities of Everett and Somerville, all in the county of Middlesex; wards 1 and 2, precincts 7 and 8 of ward 3, ward 4, precincts 1, 2, 6, 7, 8, 9 and 10 of ward 5, precinct 10 of ward 7, wards 8, 9 and 10, precincts 1, 2, 3, 4, 5, 6, 7 and 8 of ward 11, ward 12, precincts 1, 2, 4, 5, 6, 8 and 9 of ward 13, wards 14 and 15, precincts 1, 3, 4, 6, 8 and 11 of ward 16, wards 17 and 18, precincts 7, 10, 11, 12 and 13 of ward 19, precinct 3 of ward 20 and wards 21 and 22 of the city of Boston and the city of Chelsea, both in the county of Suffolk; and precincts 1, 5, and 10 in the town of Milton and the town of Randolph, both in the county of Norfolk.” and inserting in place thereof the following words:

Seventh Congressional District - Consisting of wards 1, 2, 3, precinct 1 of ward 4, ward 5, precinct 3 of ward 10, and ward 11 of the city of Cambridge and the cities of Everett and Somerville, all in the county of Middlesex; wards 1 and 2, precincts 7 and 8 of ward 3, ward 4, precincts 1, 2, sub-precinct 2A, 6, 7, 8, 9 and 10 of ward 5, precinct 10 of ward 7, wards 8, 9 and 10, precincts 1, 2, 3, 4, 5, 6, 7 and 8 of ward 11, ward 12, precincts 1, 2, 4, 5, 6, 8 and 9 of ward 13, wards 14 and 15, precincts 1, 3, 4, 6, 8 and 11 of ward 16, wards 17 and 18, precincts 7, 10, 11, 12 and 13 of ward 19, precinct 3 of ward 20, and wards 21 and 22 of the city of Boston and the city of Chelsea, both in the county of Suffolk; and precincts 1, 5 and 10 of the town of Milton and the town of Randolph, both in the county of Norfolk.

SECTION 14. Section 4 of chapter 57 of the General Laws, as amended by section 1 of chapter 153 of the acts of 2011, is hereby further amended by striking out, under the caption “Plymouth”, the words “First Plymouth. – Consisting of precincts 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14 and 15, of the town of Plymouth, in the county of Plymouth” and inserting in place thereof the following words:- First Plymouth. – Consisting of precincts 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14 and 15, of the town of Plymouth, in the county of Plymouth.

SECTION 15. Said section 4 of said chapter 57, as so amended, is hereby further amended by striking out, under the caption “Suffolk”, the words “Seventh Suffolk. – Consisting of precincts 8, 9, and 10 of ward 4, precincts 1, 2, 3, 4, 5 and 8 of ward 12, precincts 4 and 5 of ward 9, and precinct 1 of ward 21, of the city of Boston, in the county of Suffolk.” and inserting in place thereof the following words:- Consisting of precincts 8, 9 and 10 of ward 4, sub-precinct 2A of ward 5, precincts 1, 2, 3, 4, 5 and 8 of ward 12, precincts 4 and 5 of ward 9, and precinct 1 of ward 21 of the city of Boston, in the county of Suffolk.

SECTION 16. Section 64 of chapter 143 of the General Laws is hereby amended by striking out, in line 5, as appearing in the 2010 Official Edition, the word “shall” and inserting in place thereof the following words:- , whether attached or detached shall.

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 17.
Chapter 176J of the General Laws is hereby amended by inserting after section 11 the following 2 sections:-

Section 11A. A select or limited network plan shall continue to provide coverage for medically necessary services that are part of the treatment program for a patient, prior to joining the select or limited network, undergoing an active course of treatment or follow-up treatment for a chronic disease at a comprehensive cancer center, pediatric hospital or pediatric specialty unit, as defined in section 1 of chapter 118G, that does not participate in the carrier’s select or limited network plan.

For services provided under this section, reimbursement shall be based on median in-network rates of the specific provider in the carrier’s private plans in a manner consistent with data filed by the carrier with the division of health care finance and policy or, if the specific provider does not participate in any other plan of the carrier, then based on negotiated rates. Patient cost-sharing responsibility for the services sought shall not exceed the lowest copayment obligation established by the carrier for the receipt of the services offered through the carrier’s select or limited network.

Section 11B. Patients receiving an active course of treatment or follow-up treatment for a chronic disease at a comprehensive cancer center, pediatric hospital or pediatric specialty unit, as defined in section 1 of chapter 118G, prior to joining a tiered network, shall not pay an amount for patient cost-sharing responsibility that exceeds the cost-sharing tier with the second highest patient cost-sharing responsibility.

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 18.
Section 11A of said chapter 176J, inserted by section 17, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

For an insured member who is receiving an active course of treatment or follow up treatment for a chronic disease and is newly enrolled in a select or limited network plan, the carrier shall provide coverage for those medically necessary services that are part of that treatment program provided by a health care provider not participating in a carrier’s plan pursuant to section 11 for the duration of that treatment if: (1) the insured’s employer only offers the insured a choice of plans in which the provider is not a participant; (2) the provider is a comprehensive cancer center, pediatric hospital or pediatric specialty unit as defined in section 1 of chapter 118G; and (3) the provider is providing the insured with an ongoing course of treatment not otherwise available in-network.

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 19.
Section 11B of said chapter 176J is hereby repealed.

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 20.
Said chapter 176J is hereby further amended by adding the following 2 sections:-

Section 14. If a medically necessary and covered service is not available to a member within the carrier’s provider network, the carrier shall cover the services out-of-network for as long as the service is unavailable in-network.

Section 15. Any insurer offering a tiered network plan shall clearly and conspicuously indicate in all promotional and agreement materials, the cost-sharing differences for enrollees in the various tiers. The division of insurance shall promulgate regulations for determining what constitutes clear and conspicuous and the potential cumulative effects of these differences.

SECTION 21. Section 25 of chapter 175 of the acts of 1998 is hereby repealed.

SECTION 22. The last paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by striking out the words “January 2, 2012”, inserted by section 4 of chapter 52 of the acts of 2011, and inserting in place thereof the following words:- April 30, 2012.

SECTION 23. Section 2 of chapter 131 of the acts of 2010 is hereby amended by striking out item number “8400-0100” and inserting in place thereof the following item number:- 8400-0101.

SECTION 24. Item 1599-1705 of section 2 of chapter 52 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that $353,000 shall be expended for reimbursements to school districts for education transportation cost increases due to the tornado;.

SECTION 25. Item 1108-5201 of section 2 of chapter 68 of the acts of 2011 is hereby amended by striking out the figure “$1,028,612”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $2,017,862.

SECTION 26. Item 1410-0010 of said section 2 of said chapter 68 is hereby amended by inserting after the words “department of veterans’ services” the following words:- ; provided, that not less than $10,000 shall be expended for the Korean War memorial located in the Charlestown Navy Yard.

SECTION 27. Item 1595-6379 of said section 2 of said chapter 68 is hereby amended by striking out the figure “$7,806,972”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $8,808,113.

The Governor disapproved of the following section [for message see Senate, No. 2146]
SECTION 28.
Item 1599-0026 of said section 2 of said chapter 68 is hereby amended by inserting after the words “aid share for fiscal year 2012” the following words:- ; provided further, that not less than $1,000,000 shall be expended to fund a pilot program in Norfolk County, including projects of regionalized county government services.

SECTION 29. Item 2000-0100 of section 2 of said chapter 68 is hereby amended by striking out the words “than $150,000 for a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office shall execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act; and provided further, that the memorandum shall require the timely production of information for use in the fisheries management process” and inserting in place thereof the following words:- than $1,112,000 for a program of collaborative research with the Massachusetts Maritime Academy that applies sonar technology over significant surface area of the ocean to assess the biomass of groundfish in the region managed by the New England Fishery Management Council.

SECTION 30. Item 7004-0099 of said section 2 of said chapter 68 is hereby amended by adding the following words:- ; and provided further, that not more than $10,000 shall be expended on funding the scouting and community center project identified in item 7003-0702 of section 2 of chapter 182 of the acts of 2008.

SECTION 31. Item 7004-0101 of said section 2 of said chapter 68 of the acts of 2011, as appearing in section 6 of chapter 171 of the acts of 2011, is hereby amended by striking out the words “families who appear to be ineligible” and inserting in place thereof the following words:- families who appear to be eligible.
SECTION 32. Said item 7004-0101 of said section 2 of said chapter 68, as so appearing is hereby further amended by striking out the words “or policy affecting eligibility, benefits or administration of this program” and inserting in place thereof the following words:-, administrative practice or policy that would alter eligibility for or the level of benefits under this program, other than that which would benefit the clients.

SECTION 33. Item 7004-0108 of said section 2 of said chapter 68, as appearing in section 7 of chapter 171 of the acts of 2011 is hereby amended by striking out the last proviso and inserting in place thereof the following proviso:- provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulations, administrative practice or policy that would alter eligibility for or the level of benefits under this program, other than that which would benefit the clients, the department shall file with the house and senate committees on ways and means and the clerks of the senate and house of representatives a report setting forth justification for said changes, including but not limited to any determination by the secretary of housing and economic development that available appropriations from the program will be insufficient to meet projected expenses;.

SECTION 34. Said section 2 of said chapter 68 is hereby further amended by striking out item number “7007-0951” and inserting in place thereof the following item number:- 7007-0952.

SECTION 35. Item 8000-0122 of said section 2 of said chapter 68 is hereby amended by striking out the figure “$1,860,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $2,000,000.

The Governor disapproved of the following section [for message see Senate, No. 2146]
SECTION 36.
Item 8910-8310 of said section 2 of said chapter 68 is hereby amended by striking out the words “For the Bristol sheriff’s office, which may expend for the operation of the office an amount not to exceed $8,460,000 from revenues received from federal inmate reimbursements” and inserting in place thereof the following words:- For the operation of the Bristol sheriff’s office; provided, that the office may expend an amount not to exceed $7,710,000 from revenues received from federal reimbursements.

The Governor disapproved of the following section [for message see Senate, No. 2146]
SECTION 37.
Item 8910-8710 of said section 2 of said chapter 68 is hereby amended by striking out the words “For the Plymouth sheriff’s office, which may expend for the operation of the office an amount not to exceed $16,000,000 from revenues received from federal inmate reimbursements” and inserting in place thereof the following words:- For the operation of the Plymouth sheriff’s office; provided that the office may expend an amount not to exceed $13,500,000 from revenues received from federal reimbursements.

SECTION 38. Subsection (c) of chapter 87 of the acts of 2011 is hereby amended by striking out the words “December 31, 2011” and inserting in place thereof the following words:- July 1, 2012.

SECTION 39. Section 91 of chapter 142 of the acts of 2011 is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:-

The commission shall report to the general court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and house of representatives not later than July 31, 2012. The commission shall continue to meet on a quarterly basis thereafter, to monitor progress on the subject and to determine whether further action may be required to implement the results of its investigation and study.

SECTION 40. Chapter 153 of the acts of 2011 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Notwithstanding any general or special law to the contrary, for the purpose of electing representatives in the general court as provided in section 1, the election commissioners for the city of Boston shall include census blocks 0102032000, 0102032001, 0102032004, 0102032005, 0102033000, 0102033001, 0102033002, 0102033003 and 0102033004 in sub-precinct 2A of ward 5. Notwithstanding any general or special law to the contrary, the city of Boston shall divide precinct 2 of ward 5 along the representative district boundary into 2 sub-precincts. If the polling place for a sub-precinct established under this act is located in the same building as for an existing precinct, no additional election officers need be appointed for such sub-precinct.

SECTION 41. Item 1599-1709 of section 2 of chapter 171 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that funds shall be transferred to reimburse the town of Hawley for costs associated with repairs necessary on account of the flooding of the Chickley river due to tropical storm Irene.

SECTION 42. Section 6 of chapter 176 of the acts of 2011 is hereby repealed.

SECTION 43. The last paragraph of section 56 of said chapter 176 is hereby amended by striking out the words “April 15, 2012” and inserting in place thereof the following words:- November 30, 2012.

SECTION 44. The last paragraph of section 58 of said chapter 176 is hereby amended by striking out the words “March 1, 2012” and inserting in place thereof the following words:- November 30, 2012.

SECTION 44A. Chapter 177 of the acts of 2011 is hereby amended by inserting after section 9 the following section:-

Section 9A. Notwithstanding any general or special law to the contrary, for the purpose of electing representatives in the Congress of the United States and delegates and alternate delegates to the national conventions of political parties as provided in section 1 of chapter 57 of the General Laws, the election commissioners for the city of Boston shall create sub-precinct 2A of ward 5, which shall include census blocks 0102032000, 0102032001, 0102032004, 0102032005, 0102033000, 0102033001, 0102033002, 0102033003 and 0102033004, which shall be included within the Seventh Congressional District.

SECTION 45. Subsection (6) of section 60 of said chapter 176 is hereby amended by striking out the words “paragraph (4)” and inserting in place thereof the following words:- subsection (5).

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 46.
Notwithstanding any general or special law or rule or regulation to the contrary, the division of insurance shall conduct a review into the network adequacy and cost and quality-effectiveness of insurance products pursuant to section 11 of chapter 176J of the General Laws for the health care needs of children and the health care needs of cancer patients. The division shall promulgate regulations to ensure the needs of children and cancer patients are being met, consistent with cost and quality goals, and shall submit a report of its actions and potential legislative actions to the house and senate committees on ways and means and the joint committee on health care financing by December 31, 2012.

SECTION 47. The salary adjustments and other cost items authorized by the following 2011 amendments to collective bargaining agreements, for the period from July 1, 2011, to June 30, 2014, shall be effective for the purpose of section 7 of chapter 150E of the General Laws:

(a) between the commonwealth and National Association of Government Employees for units 1, 3 and 6;
(b) between the commonwealth and Alliance/AFSCME for unit 2;
(c) between the commonwealth and the New England Police Benevolent Association for unit 4A;
(d) between the Essex sheriff and the International Brotherhood of Correction Officers Local R1-71; and
(e) between the Plymouth sheriff and the Massachusetts Correctional Officers Federated Union Bureau of Criminal Investigation.

SECTION 48. Notwithstanding section 14 of chapter 151A of the General Laws, for calendar year 2012, the experience rate of an employer qualifying therefor under subsection (b) of said section 14 of said chapter 151A shall be the rate which appears in column “E” of clause (1) of subsection (i) of said section 14 of said chapter 151A.

SECTION 49. Notwithstanding any general or special law to the contrary, the comptroller shall transfer within 10 days of the effective date of this act $612,893 and the accrued interest on that amount as determined by the comptroller, from the General Fund or from other funds of the commonwealth to the Marine Recreational Fisheries Development Fund established in section 35NN of chapter 10 of the General Laws.

SECTION 50. Section 9 shall apply to any member under chapter 32 of the General Laws for whom a retirement allowance has not been finally approved before the effective date of this act.

SECTION 51. Sections 6 and 11 shall take effect on April 2, 2012.

SECTION 52. Sections 7 to 10, inclusive, and 42 to 44, inclusive, shall take effect on February 13, 2012.

SECTION 53. Section 14 shall take effect as of November 3, 2011.

SECTION 54. Section 16 shall apply to all certificates of approval granted within 12 months prior to the effective date of this act.

The Governor returned the following section with recommendation of amendment [for message see Senate, No. 2147]
SECTION 55.
Sections 18 and 19 shall take effect on July 31, 2013.

SECTION 56. Section 48 shall take effect as of January 1, 2012.

Approved (in part), February 17, 2012.